COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 73910
STATE EX REL. STROTHERS       :         JOURNAL ENTRY
                              :
               PETITIONER     :               AND
                              :
          -vs-                :             OPINION
                              :
MAYOR MERLE S. GORDEN         :
                              :
               RESPONDENT     :
DATE OF ANNOUNCEMENT
OF DECISION:                       MAY 21, 1998
CHARACTER OF PROCEEDING:           WRIT OF MANDAMUS
JUDGMENT:                          WRIT DENIED
DATE OF JOURNALIZATION:
APPEARANCES:
FOR RELATOR:                       FOR RESPONDENT:
GERALD O. STROTHERS, JR., PRO SE   LISA M. RUDA, ESQ.
P.O. Box 35182                     KELLEY, MCCANN & LIVINGSTONE
Cleveland, Ohio 44135              35th Floor, BP America Bldg.
                                   200 Public Square
                                   Cleveland, Ohio 44114-2302
                                   MARGARET ANNE CANNON, ESQ.
                                   LAW DIRECTOR
                                   City of Beachwood
                                   2700 Richmond Road
                                   Beachwood, Ohio 44122
                               -2-
SPELLACY, P.J.:
     Gerald  O. Strothers,  Jr., relator,  is seeking  a writ  of
mandamus to compel respondent, Merle Gorden, the Mayor of the City
of Beachwood, to provide copies of public records to him  at cost
pursuant to R.C. 149.43.  Both parties moved for summary judgment
and, for the reasons set  forth by respondent and for those  that
follow, we grant summary judgment for respondent and deny summary
judgment for relator.
     Public offices are required to make copies of public records
available at cost.  R.C. 149.43(B).  Prior to the commencement of
this action, the City of Beachwood (hereinafter the  City ) charged
fifty cents per page for copies of public records.  Attached to and
in support of respondent's Motion for Summary Judgment is a copy of
the City's  revised policy  concerning copying  costs for  public
records signed by the Mayor and made effective on March 25, 1998.
The revised policy provides as follows:
     1)   For requests for up  to fifteen (15) 8 1/2" x  11"
          sized pages, copies will normally be made at  City
          Hall at a cost of 5 cents per page.  Copies will be
          available within a reasonable period of time,  but
          not necessarily the same business day.
     2)   Copies totaling more than fifteen (15) pages, color
          copies, or copies which are not 8 1/2" x 11"  will
          be made by an outside copying service.  The  party
          requesting such copies shall pay the actual  costs
          charged by the copying service.
     3)   The City has no facility for copying audio tapes of
          meetings.   Those tapes will  not be released  for
          copying outside City Hall.
     4)   Except as set forth above, the City will not allow
          City records  to  be removed  from City  Hall  for
          copying.
                               -3-
Respondent's Summary Judgment Motion Exhibit 1.  Dennis G. Kennedy,
the Finance  Director of  the City  averred in  his Affidavit  in
support of respondent's motion that  [t]he costs delineated in the
policy reflect the actual costs the City incurs in making copies of
public records.  The costs charged reflect paper, toner and equip-
ment related costs, such as machine maintenance and electricity.
Kennedy Affidavit, numbered paragraph 5.  Relator has not contested
respondent's evidence  and,  in  fact, has  conceded  the  issue.
Relator's Summary Judgment Motion Affidavit, numbered paragraph 3.
Since the requested relief has been performed, this action is moot.
A writ  of mandamus  cannot be issued  to compel  an act  already
performed.  State ex rel. Jerningham v. Cuyahoga County Court  of
Common Pleas (1996), 74 Ohio St.3d 278, 658 N.E.2d 723.
     Relator also moved for summary judgment contending that  the
City could not make public records available within a  reasonable
amount of  time under  the  new policy.   Relator,  however,  has
provided no evidence to support this assertion.  Moreover, attached
to his brief in opposition, respondent provided the Affidavit  of
Margaret Anne Cannon, the City's Law Director, in which she avers
that as of April 15, 1998, relator had made no request for copies
of any City records and that the documents requested are and have
been available for inspection since at least January 28, 1998.
     Accordingly, summary judgment is granted for respondent  and
summary judgment is denied for relator.  Costs to respondent.
PATTON, J.                   AND
TIMOTHY E. MCMONAGLE, J., CONCUR.
.