However, the court also concluded the school board’s request for the courts to compel the city to comply with the Ohio Public Records Act is moot and denied and since the city didn’t “ignore the request altogether or act in bad faith,” the district’s request for attorneys fees and court costs were denied.
“Regarding the judgment ... related to the timeliness of the city of Springfield responding to our public records request, the Clark-Shawnee Local School District and the Board of Education are pleased that the court agreed with our belief that the response time to produce records we requested took longer than it should have,” Superintendent Brian Kuhn told the News-Sun.
Officials with the city of Springfield said they are pleased with the case’s resolution.
“The court ruled in favor of the city on two out of three claims raised by Clark-Shawnee. Specifically, the court determined that the city did not act in bad faith and dismissed the board’s petition for court costs and attorney’s fees. As a result, the board was awarded damages amounting to $400 for a four-day delay. While the city is unaware of the attorney fees incurred by Clark-Shawnee, they are anticipated to exceed the $400 awarded,” said Karen Graves, the city’s Strategic Engagement Manager.
On Dec. 8, 2023, the school board filed two public records requests with the city’s law department for records from the city commission and the city planning board, but this case only concerns the city’s response to the request for commission records.
The records requested related to the process by which the CEDA Regional Planning Commission approved a plat of the Melody Parks real estate development, including “any and all correspondence, including email correspondence” between commission members and stakeholders, and minutes and agendas of the commission’s meetings.
The city’s law department acknowledged the school board’s public records request on the day it was filed, but did not provide any response to that request until 46 days later on Jan. 23.
“It is undisputed that the city’s production of documents was not completely responsive to the board’s request for commission records,” court documents stated. “The city admits that its January 23, 2024, response was only partially responsive to the board’s request for commission records.”
The school board filed a mandamus action, which is an order from a court to a government official to order them to fulfil their duties, on Jan. 25 to compel the city to comply with the Public Records Act. On Jan. 31, the city “provided what it believed to be in good faith the entirety of the records requested.”
The court found the city’s production of commission records was not completed within a reasonable time, and the school board was awarded $400 in statutory damages.
As for attorneys fees and court costs, they can be awarded if a public office or person failed to respond affirmatively or negatively to the request or acted in bad faith. However, the court denied both of these requests because judges determined the city did not act in bad faith.
“We value the court’s impartial judgment and remain steadfast in our commitment to transparency and cooperation in handling public records requests,” Graves said.
The district also has two other cases with the Clark County Common Pleas Court against the CEDA Regional Planning Commission related to the allegation of the open meetings act violation, Kuhn said. The lawsuit says one of the CEDA board members did not live in the area that she represented during an October meeting to vote on land for a controversial residential and retail development.
Kuhn said one of the cases is set to appear arguments at 11 a.m. on July 18.
Clark County representatives for the CEDA board are required to either live in Springfield or Springfield Twp., but member Theresa Hartley lives in Moorefield Twp., according to the school district’s citation of public records.
Kuhn previously said the district is seeking an injunction on the Oct. 5 vote, for the court to direct the CEDA board to comply with open meetings laws, to nullify all actions at the October and November meetings and for a $500 civil forfeiture as well as payment of of court costs and attorney fees.
(EDITOR’S NOTE: This story has been updated with the city of Springfield’s response.)
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