2021 United States Capitol attack and other 'protests' (Cincinnati Police Department)

Emma North-Best filed this request with the Cincinnati Police Department of Cincinnati, OH.

It is a clone of this request.

Tracking #

93988

Multi Request 2021 United States Capitol attack and other 'protests'
Status
Rejected

Communications

From: Emma North-Best

To Whom It May Concern:

Pursuant to the Ohio Open Records Law, I hereby request the following records:

Records regarding the potential for violence, unrest, criminal activities or other disturbances associated with protests or other activities on either January 5 or January 6, 2021 at local, regional or national events. This request includes but is not limited to inter-departmental communications, situational reports, bulletins and other documents.

I am a member of the news media and request classification as such. I have previously written about the government and its activities, with some reaching over 100,000 readers in outlets such as Gizmodo, MuckRock, Motherboard, Property of the People, Unicorn Riot, and The Outline, among others. As such, as I have a reasonable expectation of publication and my editorial and writing skills are well established. In addition, I discuss and comment on the files online and make them available through non-profits such as the library Internet Archive and the journalist non-profit MuckRock, disseminating them to a large audience. While my research is not limited to this, a great deal of it, including this, focuses on the activities and attitudes of the government itself. As such, it is not necessary for me to demonstrate the relevance of this particular subject in advance.

As my primary purpose is to inform about government activities by reporting on it and making the raw data available, I request that fees be waived.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

Emma North-Best

From: Cincinnati Police Department

Your request has been entered for processing. Requests are processed in the order they are received. We are currently working on a large backlog of requests, so our response time may be longer than usual. Thank you in advance for your patience.

Respectfully,

Cincinnati Police Department Records Section
P: 513-352-3559
[cid:image001.png@01D799C6.70BEDD50]

Request ID: 93988
Received Date: 08-25-2021
Name: Emma North-Best
Organization: Muck Rock News
Address: , OH
Phone:
Email: requests@muckrock.com<mailto:requests@muckrock.com>
Media? UNKNOWN
Type of Request: Other,
Other Explained: See description
CAD Incident Number:
Incident Date:
Incident Time:
Location:
Parties Involved:
Court Date:
Case Number:
Defendant:
Description: Records regarding the potential for violence, unrest, criminal activities or other disturbances associated with protests or other activities on either January 5 or January 6, 2021 at local, regional or national events. This request includes but is not limited to inter-departmental communications, situational reports, bulletins and other documents.
How will request be handled: Email

From: Cincinnati Police Department

This is to acknowledge receipt of your public records request dated August 25, 2021, seeking records related to potential for violence, unrest, criminal activities or other disturbances associated with protests or other activities on either January 5 or January 6, 2021, at local, regional or national events.
Ohio Law requires the City to respond to your request in a reasonable amount of time based on the circumstances of your request and whether legal review of the records is appropriate. The City will review your request and contact you if we have any questions or need to clarify your request.
Thank you.
Angie

Angela Bredestege
Public Records Paralegal - Law Department
801 Plum Street, Room 214
Cincinnati, OH 45202

From: Cincinnati Police Department

The Cincinnati Law Department is handling the portion of your public records request pertaining to email communications located on the City's servers and is assisting Cincinnati Police Department in responding to your request.

Your request seeking records regarding the potential for violence, unrest, criminal activities, or other disturbances associated with protests or other activities on either January 5 or 6 at local, regional or national events. is overbroad and is denied. The Public Records Act "does not contemplate that any individual has the right to a complete duplication of voluminous files kept by government agencies." State ex rel. Glasgow v. Jones, 119 Ohio St. 3d 391, ΒΆ 17 (2008). A proper public records request must fairly and specifically describe the records being sought, State ex rel. Carr v. London Corr. Inst., 144 Ohio St. 3d 211 (2015); State ex rel. Zidonis v. Columbus State Community College, 133 Ohio St. 3d 122 (2012), so the public office can identify responsive records based on the manner in which it ordinarily maintains and accesses those records. State ex rel. Morgan v. Strickland, 121 Ohio St. 3d 600 (2009). "It is the responsibility of the person who wishes to inspect and/or copy records to identify with reasonable clarity the records at issue." Gupta v. Cleveland, 2018-Ohio-3475, at 9-11. Your request is also overbroad because it does not identify any names or job titles of persons or email accounts, for the City to search for responsive emails, and the City does not have the ability to search the email records of its 6,400 + current employees plus unknown numbers of former employees for records responsive to your request. Id.

You request is also overly broad because it does not identify a timeframe for the communications. Gupta v. City of Cleveland, 2018-Ohio-3475, at 25.

If you would like to submit a new request that meets the criteria for a proper public records request under Ohio law, we are happy to assist you.

At this time, we are closing this matter.

Angie

Angela Bredestege
Public Records Paralegal - Law Department
801 Plum Street, Room 214
Cincinnati, OH 45202

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