State Ex Rel. Dayton Newspapers v. Dayton Board of Education

I must respectfully but strongly dissent, although I agree with the legal analysis of the issues addressed by the majority.

In my opinion, the materials sought by the relators no longer exist as public records. These materials are the job applications, including resumes, of individuals responding to a search by the Dayton Board of Education for a new superintendent of its schools.

The public had a legitimate interest in these materials in the process of evaluating all the candidates for a high profile public office. 1 However, once the new superintendent was chosen, the materials sought simply…