State ex rel. Schiffbauer v. Banaszak
Annotate this CaseAppellant, an editor for a campus publication, requested criminal reports of persons whose cases had been referred, presumably by the Otterbein University police department (“the department”), to the Westerville Mayor’s Court. The department denied the request, stating that it was not subject to the Public Records Act because Otterbein is a private university. Appellant subsequently filed this action in mandamus seeking an order directing Respondent, the chief of the department, to produce the requested records. The Supreme Court granted the writ, holding (1) the department is a public office because its officers are sworn, state-certified police officers who exercise plenary police power; and (2) therefore, the department can be compelled to produce public records.
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