Hartkemeyer runs a blog called Fairfield Township Flare, that purports to “shine a light on local government,” according to the opinion. Hartkemeyer made a formal records request on July 27, 2011, asking for the records for all township trustee meetings between May 1 and July 27, 2011. She already had three previous pending records requests at that time.
The opinion says she and township administrators went back and forth regarding her requests and when she still did not have her requests completely fulfilled she filed her lawsuit on April 12. The township sent the outstanding records to Hartkemeyer on July 20.
Since the records request was eventually satisfied, the township has argued it should not be on the hook for statutory damages or attorney’s fees. The appeals court found Hartkemeyer must be paid $1,000 in statutory damages because of the delay in handing over the records. The question of attorney fees will be decided by a magistrate, but the court appeared to favor the fee award.
It noted the Ohio Supreme Court has said attorneys fees should be awarded when the public records provide a greater public benefit than the benefit to the person requesting the records.
“We find that there is sufficient public benefit,” the opinion reads. “The record is clear that (Hartkemeyer) uses the public documents she requests to inform interested members of the public as to the goings-on of Fairfield Township.”
Hartkemeyer said her fight has been all about “encouraging good government.”
“Public records belong to the public. Township employees are responsible for providing records in a reasonable amount of time,” she said. “It took Fairfield Township close to a year to provide the documents in question. That is clearly an unreasonable amount of time. I am grateful that the courts have upheld my rights. It is vindication and a win for concerned citizens of Fairfield Township.”
Township Administrator Michael Rahall said they are “exploring their options,” regarding the decision.
About the Author