State ex rel. Polovischak v. Mayfield

The primary issue before us is one of first impression: whether an investigation of a Bureau of Workers’ Compensation employee by the Internal Security Committee is a law enforcement matter of a criminal, quasi-criminal or administrative nature. We find that it is and reverse the decision of the court of appeals.

To determine whether a record is exempt from public disclosure under R.C. 149.43, a two-step analysis is required. First, is the record a confidential law enforcement record? Second, would release of the record “create a high probability of disclosure” of any one of four kinds of…