Masked LEOs (Cincinnati Police Department)

I have verified assignment of your request and we are actively working toward fulfilling it.

Thank you for your patience.

Respectfully,

Cincinnati Police Department Records Section
P: 513-352-3559
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Officer Darryl Jones | Public Information Office
310 Ezzard Charles Drive | Cincinnati, Ohio 45214.2805

Muck Rock News:

I am responding to your public records request of 9/28/21 referenced at the bottom of this email. The Cincinnati Police Department is working on the bulk of your request; I am an attorney in the City's Law Department assigned to search the City's system for emails and similar communications with regard to No. 4 of your request.

Please identify the names of persons or email addresses to enable a search of the City's email server. When we search for records, we are able to choose which City employees' and departments' mailboxes to search. The City has over 6,000 employees such that the request as written is overbroad and seeks a complete duplication of records. The Law Department is not aware what "unions" (or union representatives) or "employee representatives" may be involved with the requested communications. If you can, please at least identify the union involved - I would assume it's the Fraternal Order of Police, but please correct me if I am wrong. If we know the union involved, we might be able to track down the persons involved as a courtesy to you.

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 City 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). The Ohio Public Records Act requires that records sought be specifically identified: "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, citing State ex rel. Zidonis v. Columbus State Community College, 133 Ohio St.3d 122, 2012-Ohio-4228, 976 N.E.2d 861, ¶ 21. Requests "crafted...in the broadest language to include any kind of record and to include any topic related to the" subject matter of interest are "more akin to discovery requests than requests for known, identifiable records like the minutes of a council meeting," and are improper. State ex rel. Essi v. City of Lakewood, 2018-Ohio-5027, ¶¶ 28, 33-34 (8th App. Dist. 2018); Buduson v. City of Cleveland, No. 2018-00300PQ, 2019 Ohio Misc. LEXIS 20 (Ct. of Cl. Feb. 12, 2019).

In addition, please identify a reasonable timeframe for communications you seek. Without a timeframe, your request seeks a complete duplication of the City's emails for an unknown time period, and is therefore overly broad. State ex rel. Glasgow v. Jones, 119 Ohio St. 3d 391 (2008); State ex rel. Daugherty v. Mohr, 2011-Ohio-6453 (10th Dist. 2011); Gupta v. City of Cleveland, Ct. of Cl. No. 2017-00840PQ, 2018-Ohio-3475, ¶ 25 (holding requests for entire categories of records such as communications and emails with no time specification or for multiple years overly broad); State ex rel. Zidonis v. Columbus State Community College, 133 Ohio St.3d 122 (regarding request for files for a period over six years is overly broad); State ex rel. Dehler v. Spatny, 127 Ohio St.3d 312 (request for records over seven years improper).

Finally, please clarify what you mean by "mask mandate" or "mask requirement" in the context of an email search. While the City is not required to search for records by looking for a specific name or term, it might help to locate communications you seek. E.g., State ex rel. Dillery v. Icsman, 92 Ohio St. 3d 312 (2001); State ex rel. White v. Goldsberry, 85 Ohio St.3d 153 (1999) (the agency is not required to search records looking for a specific name or term). Otherwise, the request asks the City to interpret the content of emails in the context of your request rather than to simply retrieve specific records, i.e., it would require the City to read through potentially thousands of emails to discern whether they pertain to a mask mandate or requirement. State ex rel. Morgan v. New Lexington, 112 Ohio St. 3d 33 (2006) (agency not required to do research in attempt to identify records containing the information requested); Kanter v. City of Cleveland Heights, 2018-Ohio-4592, P. 8-11 (a public office is not obliged to seek out and retrieve those records which would contain the information of interest to the requester). As referenced above, the request is more akin to an improper discovery-style request. Decrane v. City of Cleveland, 2018-Ohio-3651, Court of Claims Case No. 2018-00358PQ, ¶ 6, citing State ex rel. Thomas v. Ohio State University, 71 Ohio St. 3d 245, 1994-Ohio-261 (a public records request asking for records "regarding or relating to" a topic is improper as a public records request). In searching the City's system for potentially responsive communications, we will likely be searching using terms such as "mask mandate" and "mask requirement." The word "mask" by itself is too broad, but if there other search terms that may be useful please feel free to suggest them to me.

I'm happy to work with you to focus your request so that you get whatever documents you need. Once you do so, the City will search for responsive communications. Please contact me if you have any questions.

Kevin Frank

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Kevin K. Frank
Senior Assistant City Solicitor
General Counsel Section
Law Department
801 Plum Street, Room 214
Cincinnati, OH 45202
513/352-3308 (o) | 513/352-1515 (f)
Kevin.Frank@cincinnati-oh.gov<mailto:Kevin.Frank@cincinnati-oh.gov>

NOTICE: This electronic mail transmission is for the use of the named individual or entity to which it is directed and may contain information that is privileged or confidential. It is not to be transmitted to or received by anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It is not to be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, delete it from your system without copying or forwarding it, and notify the sender of the error by replying via email or by calling the City of Cincinnati Law Department at (513) 352-3334, so that our address record can be corrected.

Request ID: 97021
Received Date: 09-28-2021
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: Pursuant to the Ohio Open Records Law, I hereby request the following records:
1. Policies, including implementation, termination and expiration notices, mentioning or discussing mask mandates or requirements for employees.
2. Reports regarding alleged violations of or non-compliance with mask mandates or requirements.
3. Records documenting any disciplinary actions taken regarding Item #2.
4. Emails, letters, memos and other written or memorialized discussions with unions or employee representatives regarding actual or proposed mask mandates or requirements (such as those requested in Item #1).
How will request be handled: Email

Good afternoon,

Regarding your request listed below; an email was generated and sent to you on 10/8/2021 seeking more focused criteria that would allow us to fulfill the remainder of your request. At this time, items #1-3 have been satisfied; however, we will consider your request closed as of 11/8/2021 unless item #4 is amended.

Please reference the attached email for further.

Respectfully,

Cincinnati Police Department Records Section
P: 513-352-3559
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Request ID: 97021
Received Date: 09-28-2021
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: Pursuant to the Ohio Open Records Law, I hereby request the following records: 1. Policies, including implementation, termination and expiration notices, mentioning or discussing mask mandates or requirements for employees. 2. Reports regarding alleged violations of or non-compliance with mask mandates or requirements. 3. Records documenting any disciplinary actions taken regarding Item #2. 4. Emails, letters, memos and other written or memorialized discussions with unions or employee representatives regarding actual or proposed mask mandates or requirements (such as those requested in Item #1).
How will request be handled: Email