How to File a Public Records Request in Delaware, Ohio

What Is the Ohio Public Records Act?

The Ohio Public Records Act is codified at Ohio Revised Code § 149.43 and is sometimes called the Ohio Sunshine Laws. It is grounded in the principle that government records are 'the people's records' and that public officials hold them as trustees on behalf of the public. The law guarantees any person — resident or non-resident — the right to inspect and receive copies of records kept by any public office in Ohio. You do not need to provide your name, identify your purpose, or make the request in writing.

Public records include any document, device, or item created or received by a public office that serves to document the organization, functions, policies, decisions, or operations of that office. Examples include meeting minutes, city contracts, building permits, zoning decisions, police reports, email correspondence on city business, financial statements, and payroll records.

Exemptions are specific and narrowly interpreted. Common categories include: law enforcement investigatory records, personnel files containing personal information, attorney-client privileged communications, medical records, and certain residential information for public safety workers. When a public office withholds a record, it must cite the precise legal authority. The burden of proof rests on the agency, not the requester, to justify any withholding under ORC § 149.43.

Read the full text of the Ohio Public Records Act (Ohio Revised Code § 149.43)

How to File a Public Records Request with the City of Delaware

How to Submit Your Request

The City of Delaware's Legal Department coordinates public records requests submitted to the city. Requests may be submitted in person at City Hall (1 South Sandusky Street), by mail, or via email or phone through the department's contact channels. No specific form is required under the Ohio Public Records Act — you may make your request verbally or in writing. However, a written request is strongly recommended to create a clear record of exactly what was asked and when. If you are requesting police department records specifically (incident reports, arrest records), those are handled through the Delaware Police Department Records Division at 70 North Union Street, reachable at [email protected] or by calling (740) 203-1100. For general city government records — contracts, permits, minutes, budgets, city email correspondence — direct your request to the Legal Department at City Hall.

What to Include in Your Request

• A clear and specific description of the records you are requesting
• The date range or approximate time period for the records
• The department or official you believe created or holds the records
• Your preferred format for delivery (paper copies, electronic files, email)
• Your contact information so the city can reach you with questions or updates
• A statement of your willingness to pay copying costs up to a reasonable amount (e.g., $25)
• A request for an itemized fee estimate before work begins if costs may be substantial

Response Deadlines and What to Expect

Unlike many states, Ohio's Public Records Act does not specify a fixed number of days within which a public office must respond. Under Ohio Revised Code § 149.43(B)(1), public records must be made available for inspection 'promptly' and copies must be provided 'within a reasonable period of time.' What constitutes 'prompt' and 'reasonable' depends on the specific circumstances — the volume and complexity of the request, whether legal review or redaction is required, and where the records are physically stored.

In practice, straightforward requests for readily available documents — a meeting agenda, a building permit, a contract — should receive a response within a few business days. Complex requests involving large volumes of records, email searches, or legal review may take several weeks.

The City of Delaware is not required to acknowledge receipt of your request by a set date, but if you submit a written request and they miss a date they've explicitly promised you, that triggers potential liability for statutory damages under ORC § 149.43(C)(2). If the city estimates a delivery date and misses it, courts may award you $100 per business day, up to $1,000 total.

Fees are limited to the actual cost of reproducing records — typically the cost of paper and toner (often around five cents per page). The city may not charge for staff time. Prepayment may be required for large requests. There are no statutory fee waivers.

What to Do If Your Request Is Denied or Delayed

If the City of Delaware denies your request, delays fulfillment unreasonably, or provides records with unexplained redactions, you have real legal options — and the burden of proof is on the city, not you.

A denial must be accompanied by the specific legal authority — the exact statute or provision — that justifies withholding the record. If the city simply says 'this is confidential' without citing a law, that is not a valid denial under ORC § 149.43(B)(3).

If you believe the denial is improper, start by following up in writing with the Legal Department. Ask specifically which exemption applies, and whether any non-exempt portions of the record can be disclosed. Under ORC § 149.43(B)(1), if a record contains both exempt and non-exempt information, the office must release the non-exempt portions.

If informal follow-up doesn't resolve the issue, Ohio provides two formal enforcement paths. The first — and often fastest — is filing a complaint with the Ohio Court of Claims under ORC § 2743.75. The filing fee is $25, the agency has three business days to cure the alleged violation, and the Court issues a binding decision within 45 days. You do not need an attorney for this process and can conduct a mediation by phone.

The second path is filing a mandamus action in the Court of Common Pleas, Court of Appeals, or the Ohio Supreme Court. Courts may order the release of the records, award court costs, and may award reasonable attorney fees if the agency failed to respond affirmatively, failed to explain its denial, or missed a promised deadline. Statutory damages of $100 per business day (up to $1,000) are available to requesters who submitted written requests by hand delivery, electronic submission, or certified mail.

The Ohio Attorney General publishes the Ohio Sunshine Laws Manual each year, which is a valuable free resource for understanding your rights.

Steps to Appeal

1. Follow up in writing with the Delaware Legal Department, asking for the specific statutory citation that justifies any withholding or redaction under ORC § 149.43(B)(3).
2. Request that all non-exempt portions of any withheld document be released, as required by ORC § 149.43(B)(1).
3. Contact the Ohio Attorney General's Sunshine Laws education resources (ohioattorneygeneral.gov) for guidance — the AG publishes a detailed manual and provides training materials.
4. File a complaint with the Ohio Court of Claims under ORC § 2743.75 — the filing fee is $25, the process is accessible without an attorney, and the court issues a binding decision within 45 days.
5. Alternatively, file a mandamus action in the Delaware County Court of Common Pleas under ORC § 149.43(C)(1), asking the court to order release of the records and award attorney fees.
6. If you submitted your original request in writing (by hand delivery, email, or certified mail) and the city failed to comply, you may also seek statutory damages of $100 per business day, up to $1,000, under ORC § 149.43(C)(2).
7. Note: Courts may award attorney fees if the agency failed to respond affirmatively, failed to cite a legal authority for denial, or missed a promised response date — but attorney fee awards are at the court's discretion and not automatic under Ohio law.

Types of Records You Can Request from Delaware, Ohio

The Ohio Public Records Act covers a wide range of documents held by the City of Delaware and its departments. Here are examples of common record types that city residents and researchers frequently request.

• City Council meeting minutes and agendas
• City ordinances and resolutions
• Building permits and inspection reports
• Zoning variances, conditional use permits, and planning commission decisions
• City contracts and procurement documents
• Mayor's and City Manager's office correspondence and emails on city business
• Police incident reports and arrest records (Delaware Police Department)
• City budget documents, financial statements, and expenditure records
• City employee payroll records (aggregate or individual, subject to exemptions)
• Engineering plans and infrastructure project records
• Code enforcement complaint records and violation notices
• Development agreements and annexation documents
• City property records and deeds
• Grant applications and federal funding documentation
• Emergency communications and 911 dispatch logs (subject to certain exemptions)

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Delaware to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Delaware