Columbus Division of Police

Core Terms: public record R.C. 2743.75 court of claims R.C. 149.43(A)(2) law enforcement investigatory work product photographs R.C. 149.43(A)(3) medical records. Procedural Posture: Requester objected to special master's determination that the law enforcement investigatory work product exception applied, because the special master failed to find that a crime had been committed. Requester claimed the special master also erred by finding determination of respondent's assertion of victim's constitutional right of privacy unnecessary. Overview: Requester sought police department's investigatory records of an alleged sexual assault, proffering its belief that the victim's injuries were self-inflicted and therefore the investigation was not criminal in nature. The special master determined that the records did pertain to a law enforcement matter of a criminal nature, that had not concluded. R.C. 149.43(A)(2). Review in camera confirmed that all withheld records met the definition of "investigatory work product." R.C. 149.43(A)(2)(c). The special master determined that records created by a sexual assault nurse examiner, held and used by the police department for its investigation, were not maintained by it "in the process of medical treatment," and therefore were not exempt as medical records. Outcome: The court determined that there was no error of law or other defect evident on the face of the special master's decision. The court adopted the special master's decision and recommendation as its own, including findings of fact and conclusions of law contained therein. Respondent's motion to dismiss granted.

Mandamus denied SERB did not abuse its discretion when it dismissed unfair labor practice charges as untimely.