Does Public Records Law Require County to Conduct Forensic Search, Retrieve Deleted E-Mails?
The State of Ohio ex rel. The Toledo Blade Co. v. Seneca County Board of Commissioners, Case no. 2007-1694 ISSUE: Does Ohio’s Public Records Act require that a government agency conduct and pay for a forensic search of agency computers to retrieve deleted email messages when a party pursuing a public records request alleges that the deleted files are likely to include communications covered by its records request that were wrongfully deleted? BACKGROUND: In this case the Toledo Blade newspaper asks the Supreme Court to issue a writ of mandamus which would, among other things, order the Seneca County Commissioners to undertake a forensic search of its computers to restore and make available copies of any recoverable deleted emails that were sent or received by any of the commissioners during a time period in which the Blade contends they took part in improper non-public discussions regarding the proposed demolition of the county’s historic 1884 courthouse. The newspaper‘s petition also
