A Special Master in the Ohio Court of Claims recently held that a city employee’s termination letter was not exempt from disclosure under the Ohio Public Records Act. The letter was held to be a public record, even though the City of Green and the former employee had signed a confidentiality agreement. Carlson v. City of Green, Ct. of Cl. No. 2016-00783-PQ, 2016-Ohio-8606.
An employee of the City of Green was sent a termination letter on April 5, 2016, and on April 26, 2016, the City and the employee agreed to a settlement in which the City agreed to remove the termination letter from his personnel file and destroy all copies of it. Further, the City agreed to keep the terms of the resolution confidential, except to comply with public records requests.
On April 20, 2016, a local news reporter had requested “any and all personnel records related to any disciplinary action” involving the employee. On April 28, 2016, the City provided the reporter with documents relating to the specific employee, but these documents did not include the termination letter. The reporter then specifically requested the termination letter from April 5, a request which the City denied, but stated that it still had the original letter and had only destroyed copies of the letter.
On October 25, 2016, the reporter filed a complaint under R.C § 2743.75 alleging denial of access to a public record in violation of R.C. § 149.43(B). The City argued that the reporter lacked standing to bring the action, that the termination letter was not a public record, and that the City could withhold the document in order to honor the terms of the settlement agreement.
The Special Master held that under the language of the statute, the reporter was allegedly aggrieved since she made a public records request, and the City failed to provide access to the requested record. On this basis, the Special Master found that the reporter had standing.
The Special Master also held that both the termination letter and settlement agreement constituted records. The decision referenced Ohio Supreme Court precedent holding that records documenting the decision to terminate employees, including investigation reports and termination letters contained in personnel files, meet the definition of records of an office under R.C. § 149.011.
Finally, the Special Master held that a contracultural promise of confidentiality with respect to an otherwise public record would violate R.C. § 149.43 if enforced, and therefore such a provision is void. Therefore, after invalidating the City’s arguments, the Special Master found in favor of the reporter and held that the City must turn over the termination letter, except for any otherwise appropriate redactions.
Public entities should be cognizant of this ruling when responding to public records requests and negotiating settlement agreements with former employees. Please feel free to contact attorney Stephanie Schoolcraft at sschoolcraft@fishelhass.com or (614) 221-1216 with any questions about this case.