Officer Information (City of Cincinnati (OH))

Sam filed this request with the City of Cincinnati (OH) of Cincinnati, OH.
Multi Request Officer Information
Submitted July 27, 2021
Status
Rejected

Communications

From: Sam

Subject: Ohio Open Records Law Request: Officer Information (City of Cincinnati (OH))

Email

To Whom It May Concern:

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

We are requesting data on sworn officers from 2010-to the present including the following fields:

- officer first name
- officer last name
- officer middle name
- officer assignment
- officer age
- officer year of birth
- officer race
- officer sex
- officer rank
- officer badge number
- officer employee id
- years on force
- hired date
- retired or fired date

Please provide data in spreadsheet format if possible.

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,

Sam

From: City of Cincinnati (OH)

Subject: RE: [External Email] RE: Ohio Open Records Law Request: Officer Information (City of Cincinnati (OH))

Email

Sam,

This email acknowledges receipt of your public records request dated July 27, 2021, requesting "data on sworn officers from 2010-to the present including" various fields:

- officer first name
- officer last name
- officer middle name
- officer assignment
- officer age
- officer year of birth
- officer race
- officer sex
- officer rank
- officer badge number
- officer employee id
- years on force
- hired date
- retired or fired date

The City denies your request as an improper request for information rather than a request for specific records. Your request sufficiently identifies the information you seek but it does not seek specific records. Requests for information are not proper requests for records. State ex rel. Griffin v. Sehlmeyer, 2021-Ohio-1419<https://advance.lexis.com/search/?pdmfid=1000516&crid=81b6ba7d-3c99-4d3d-8fff-7214d0abd1fa&pdsearchterms=2021+Ohio+LEXIS+799&pdtypeofsearch=searchboxclick&pdsearchtype=SearchBox&pdstartin=&pdpsf=&pdqttype=and&pdquerytemplateid=urn%3Aquerytemplate%3Afb52fe1af6e420631259ecbd1dbd5249~%5EOH&pdsf=&pdsourcetype=all&ecomp=vzs5kkk&earg=pdsf&prid=e4884756-3af8-4ad3-89fe-c01d71f05fae>, at *5-6 (2021).

The City separately denies your request because it improperly asks the City to create a record that does not exist. 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). The City does not maintain the information you seek in a record format or database in which it can be accessed and provided in response to your request. The City is not required to create such a record or to compile the information you seek into a record. State ex rel. Kerner v. State Teachers Retirement Bd., 82 Ohio St.3d 273 (Ohio 1998) State ex rel. White v. Goldsberry, 85 Ohio St.3d 153, 154 (1999).
Based on the nature of your request, it is not apparent that the City would be able to provide much of the information you seek if you narrowed your request. The City does not, for example, maintain or track officers by historical or sequential assignment, rank, or "years on the force." Please let me know if you have any questions regarding this request. In the absence of any response within the next two weeks, I will consider this matter closed.

Best Regards,
Maxwell S. Smith
Assistant City Solicitor
Law Department -- General Counsel Section
513/352-1515 (f)
maxwell.smith@cincinnati-oh.gov<mailto:maxwell.smith@cincinnati-oh.gov>
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