Josh Tolento Pro se v. The City of Fostoria | Ohio Supreme Court Case No. 2023-1360.

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OCTOBER 25TH, 2023
Author: Josh Tolento (Editor-in-Chief)
The Fostoria Free Press LTD.

Case No. 2023-1360 Josh Tolento Pro se v. The City of Fostoria was filed and accepted by the Ohio Supreme Court on Oct. 25th, 2023. This type of lawsuit is a Petition for Writ of Mandamus and I am seeking no statutory damages. A petition for a writ of mandamus relating to public records is a legal action that seeks to compel a government agency or official to release or provide access to public records. “Mandamus” is a legal term that refers to a court order that commands a government entity or official to perform a certain duty, often when they have failed to do so or are refusing to comply with a legal obligation.

In the context of public records, many governments have laws that require transparency and open access to government documents, subject to certain exemptions for sensitive or confidential information. When a person or organization believes that a government agency or official is wrongfully withholding public records or is not complying with their legal obligations under open records laws, they may file a petition for a writ of mandamus in court. This petition asks the court to issue a writ of mandamus ordering the government entity or official to release the requested public records.

If the court finds in favor of the petitioner, it will issue a writ of mandamus instructing the government agency or official to release the requested public records. This legal remedy is used to ensure transparency and accountability in government and to protect the public’s right to access information about government actions and decisions.

It has been over 3 weeks since I requested specific financial documents from the City of Fostoria. These documents can easily be printed of or electronically emailed. Case and point, I reached out to the City of Findlay & The City of Tiffin requesting city council minutes & parks and rec. budget reports. I received Findlay’s documents in less than 2 hours, and Tiffin’s in 6 hours. It is very concerning to me that The City of Fostoria has not sent the documents requested. I do believe that the City is withholding/delaying the release of documents on purpose for an unspecified reason.

Therefore, I have filed an Original Action in Mandamus lawsuit against The City of Fostoria with the following requested remedies:

1. Court ordered release of the following originally requested documents:
BALANCE SHEETS: July 1st – Sep 31st 2023.
GENERAL LEDGER: Jul 1st – Sep 31st 2023.
BANK TRANSACTIONS: July 1st – Sep 31st.

2. Court ordered improvement of The City of Fostoria’s public records availability in a timely manner.

3. The prompt release of ALL financial documents upon future request of the Realtor.