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State ex rel Hunter v. City of Alliance3/11/2002
JUDGMENT: Affirmed in Part, Reversed and Remanded in Part
The parties herein appeal the February 22, 2001, Judgment Entry of the Stark County Court of Common Pleas issued pursuant to R.C. 149.351, concerning a forfeiture and attorney fees. Respondents-appellants-cross appellees are the Office of the Mayor of the City of Alliance and the City of Alliance [hereinafter appellants]. Relators-appellees-cross appellants are Mary Beth Hunter and Aleida Zellweger [hereinafter appellees].
STATEMENT OF THE FACTS AND CASE
On March 10, 1999, appellees Mary Beth Hunter and Aleida Zellweger, residents of the City of Alliance, requested the then Mayor of Alliance, Mayor Carr, to permit them to inspect, pursuant to R.C. Section 149.43, "all records and documents belonging to, in the possession, custody or control of, or available to you in the City of Alliance concerning Alliance Community Hospital and the decision of the Hospital Board to use eminent domain in acquiring property." Letter from appellees to Mayor of Alliance, dated March 10, 1999. (Emphasis added) Appellees specifically sought to inspect: (1) Minutes of all Meetings of the Alliance Community Hospital Board of Trustees including all information, documents and reports submitted to the Board members.
(2) All correspondence directed to you or any other official of the City of Alliance from Alliance Community Hospital or any related body. Id.
On March 29, 1999, Mayor Carr sent a written response to appellees as follows: As a member of the Board of Directors of the Citizens Health Association, I do not believe it is my responsibility to maintain the 'official records' of the organization, be they public or private. It is my understanding that the Hospital is a not-for-profit, private corporation and would be required to maintain a record of their proceedings, as do other private corporations. In addition, I do not believe individual members of Alliance City Council are required to keep minutes of council meetings, copies of ordinances or any other documents since the Clerk of Council is required to prepare and maintain such records.
The official records of the Hospital are deposited at their facility and if such are required (sic) that is the appropriate place to request them. On April 28, 1999, the appellees filed a Verified Complaint in Mandamus in this court. An amended Complaint in Mandamus was filed May 20, 1999. The appellees sought a writ of mandamus ordering appellants to make the records sought available to appellees, pursuant to R. C. 149.43, and a forfeiture for any public records improperly destroyed by the Mayor, pursuant to R. C. 149.351. Further, appellees sought attorney fees pursuant to R. C. 149.43(C) and 149.351. In a deposition, on July 21, 1999, Mayor Carr admitted that she regularly received copies of the Association's Board minutes at her office. She also indicated that the minutes were addressed to her in her official capacity as mayor. However, Mayor Carr testified that after she would receive the minutes at her office, "I took them home and then destroyed them." Hunter v. Carr (Feb. 22, 2000), Stark App. No. 1999CA00134, unreported, 2000 WL 222044. [hereinafter Hunter I]. When questioned further on the issue, Mayor Carr indicated that she took the records home and shredded them. Mayor Carr also testified that she "did not know" why she would take them home and destroy them. Id. Further, Mayor Carr testified that she did not take all of the minutes home and shred them in one instance. Transcript of Proceedings, Vol. 2, 213 - 214. However, while the Mayor confirmed she did this on more than one occasion, she did not know how many times she did so. Id. In Hunter I
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