High-court ruling favors Struthers in dispute over burglary-case records

STAFF REPORT

STRUTHERS — The Ohio Supreme Court has denied a motion to force the city to prove it shouldn’t be held in contempt over a delay in settling a judgment.

The court denied the motion Wednesday.

A Cincinnati-area man had filed a suit with the state’s high court over the city’s denial of records he argued were public.

Ross Hardin, of Milford, had asked for records in a burglary case last November.

The city clerk of courts and the law director would not release the files, according to court records and Vindicator files.

The city argued that the matter was still an ongoing investigation.

On Jan. 6, Hardin filed his lawsuit with the court, asking it to compel the city to release the records. He also asked for legal fees and costs.

Hardin asked for $15,855 in attorney fees and $700 in expenses.

He also asked for statutory damages of $1,000.

Three weeks after Hardin filed his suit, Struthers turned over the records. There never was a court ruling concerning them.

An attorney who was representing the city in the case, James Melone, said the city originally didn’t want to turn over the records because there were unexecuted search warrants among them.

Hardin’s attorney, Curt Hartman of Amelia, Ohio, told The Vindicator that it didn’t matter — once a document is filed with a clerk of courts, it’s public.

The high court did order the city to pay $4,315 of Hardin’s fees and costs, plus the $1,000 in statutory damages.

That order came down June 17 and was received by the city June 19, city records show.

But eight weeks later, Hartman said, that judgment remained unpaid. He said he couldn’t get an answer from the city about when his client would be paid. Melone told the newspaper that “when you’re dealing with a municipality, it takes time to process.”

Law Director Carol Clemente-Wagner sent city Auditor Tina Morell a letter July 29 advising her to pay it.

Morell said she waited for some direction on which fund to make the payment from, but Judge James Lanzo of municipal court was on vacation. She eventually decided to take the money out of court funds, she said.

Hardin was paid Aug. 18, but Hartman had filed a motion Aug. 12 asking the high court to direct the city to prove why it shouldn’t be held in contempt for not following the order.

The motion asked again for all legal fees and costs, including new ones incurred in the latest filing.