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267 Appendix 3 Unlawful Destruction of Records The authors have added headings in bold font for ease of reference. R . C . 1 4 9 . 3 5 1 (A) Duty to preserve records except where allowed by records-retention schedules and laws. All records are the property of the public office concerned and shall not be removed, destroyed, mutilated, transferred, or otherwise damaged or disposed of, in whole or in part, except as provided by law or under the rules adopted by the records commissions provided for under sections 149.38 to 149.42 of the Revised Code or under the records programs established by the boards of trustees of statesupported institutions of higher education under section 149.33 of the Revised Code. Such records shall be delivered by outgoing officials and employees to their successors and shall not be otherwise removed, transferred, or destroyed unlawfully. (B) Civil suit for unlawful destruction of records. Any person who is aggrieved by the removal, destruction, mutilation, or transfer of, or by other damage to or disposition of a record in violation of division (A) of this section, or by threat of such removal, destruction, mutilation, transfer, or other damage to or disposition of such a record, may commence either or both of the following in the court of common pleas of the county in which division (A) of this section allegedly was violated or is threatened to be violated: (1) Injunction. A civil action for injunctive relief to compel compliance with division (A) of this section, and to obtain an award of the reasonable attorney’s fees incurred by the person in the civil action; (2) Forfeiture. A civil action to recover a forfeiture in the amount of one thousand dollars for each violation, and to obtain an award of the reasonable attorney’s fees incurred by the person in the civil action. Bills That Enacted and Amended R.C. 149.351. 1992 S 351, eff. 7-1-92; 1987 S 275; 1985 H 238; 131 v H 631 ...

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