COTA Free Fares Report

Benjamin Keith filed this request with the Central Ohio Transit Authority of Columbus, OH.
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Communications

From: Benjamin Keith

To Whom It May Concern:

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

Any report or document, prepared by Whiteboard, Ice Miller or another third party for COTA, received by COTA's Office of the President in 2019, 2020, 2021, or 2022, which studies the possibility of COTA eliminating bus fare or otherwise making buses free for riders. In the event that a final report has not yet been received, but a final draft has been received, I am also interested in the final draft.

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,

Benjamin Keith

From: Muckrock Staff

Hi,

Please see the following request for records. Thank you for your help with this request.

Sincerely,
MuckRock

From: Central Ohio Transit Authority

Please see the above attachment regarding this request.

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Nicole M. Weathers

Paralegal/ Public Records Officer

Central Ohio Transit Authority
P: 614-308-4410 COTA.com<http://www.cota.com/>
Follow COTA: LinkedIn<https://www.linkedin.com/company/central-ohio-transit-authority/> | Facebook<https://www.facebook.com/cotabus/> | Twitter<https://twitter.com/COTABus> | Instagram<https://www.instagram.com/cotabus/>

MOVING EVERY LIFE FORWARD

From: Benjamin Keith

Hi Nicole,

I thought that that query was both specific and narrowly-tailored. The request does not duplicate a major category of records, and does not seek "all records containing particular words" or "every report filed with the public office for a particular time period". My request asked for only specific reports during a specific time span, and only for records that were pertaining to a specific topic.

Since you disagreed as to the narrowness of that request, allow me to modify the request to be even more specific and provide additional information to help you ascertain which records are responsive:

A copy of any PDF, Word Document, InDesign Document, and/or email, received by COTA's Office of the President, which was originally sent by the Ice Miller law firm or its affiliate Whiteboard, received in the years 2020 or 2021, containing or about a particular report, hereinafter referred to as "the report". The report is the final report in a study which was commissioned by COTA, which explored various ways to fund the portion of COTA's budget which is currently sourced from passenger fares, in the event that COTA decided to make passenger fares free. The report was commissioned about three years ago (2018-2020) and completed about a year later (2020-2021). The study and report were paid for in part using COTA funds. The report may be referred to as "the Ice Miller report" in casual usage. I am interested in the final report document, in whatever format it was provided in.

Please let me know whether you require additional detail to identify this report.

From: Central Ohio Transit Authority

Please see the above attachment regarding your November 9, 2022 public records request.

Thank You

[cid:image001.png@01D9032F.78835740]

Nicole M. Weathers

Paralegal/ Public Records Officer

Central Ohio Transit Authority
P: 614-308-4410 COTA.com<http://www.cota.com/>
Follow COTA: LinkedIn<https://www.linkedin.com/company/central-ohio-transit-authority/> | Facebook<https://www.facebook.com/cotabus/> | Twitter<https://twitter.com/COTABus> | Instagram<https://www.instagram.com/cotabus/>

MOVING EVERY LIFE FORWARD

From: Benjamin Keith

Hi Nicole,

I disagree with your characterization of my request as "ambiguous and overly broad" as follows:

1. "all records containing particular words" - This request is for a specific report with an identified subject matter, not "all records" containing particular words.
2. "duplication for all records having to do with a particular topic" - This request is for a specific report pertaining to a particular topic, not all records pertaining to that topic.
3. "all records of a particular type" - This request is for a specific report in whatever format it may be in, not all records of a particular type or format.
4. "all emails sent or received by a particular email address with no subject matter or time limitation" - This request is for a specific report. In the event that that report may have been transmitted by email, the email is identified with subject matter and time limitations.
5. "all documents which document any and all instances of a particular topic" - This request is for a specific report, with certain identifying characteristics noted in the request. This is not a request for all documents which discuss this report's topic.
6. "discovery-style requests that seek all records relating to or reflecting certain types of information" - This request is limited by date range, the name of the report's author, the report's subject matter, and the type of document containing the report. This is a request for a specific report. It is not a discovery-style request.

Below, I have rephrased my request in order to make it clearer which records I am requesting. I have also included additional information about the requested record, which further narrows the scope of the request.

I request a copy of a report in COTA's possession. The report has all of the following characteristics:

1. Prepared by Ice Miller or its affiliate Whiteboard
2. Originally sent by the Ice Miller law firm or its affiliate Whiteboard
3. Received by COTA in December 2022 or in January 2021
4. Titled "Fare-Free Transit Analysis" or with similar words
5. With a subject matter of free public transportation or fare-free transit
6. Commissioned by COTA, and paid for in some part using COTA funds

The following details are provided to help you in your search, but the requested document may not meet all or any of these characteristics:

1. The report may have been attached to an email from Michael.Coleman@icemiller.com or from an @icemiller.com email address
2. The email or report may be dated December 4, 2020, or later
3. The email or report may mention Robert Miller, a past COTA Board member
4. The report may have been included in an email sent to Joanna Pinkerton, to PinkertonJM@cota.com, to another COTA employee in the COTA Office of the President at that time, to Terry Foegler, and/or to Sophia Mohr

In the event that multiple versions of the report are discovered, I request the final version of the report. In the event that the report is available in multiple formats, I request the digital version of the PDF, Word Document, or other original document(s) sent to COTA. In the event that the report is split across multiple files or documents (such as a cover letter, a slide deck, and appendices), I request those documents which are necessary to compile the complete report. In the event that the report was submitted by electronic mail to COTA, I also request a copy of the email that was used to send the files comprising the report, in addition to the report files themselves.

If this information is still insufficient to identify the responsive records, then pursuant to ORC 149.43(B)(2) I request a copy of COTA's document retention schedule, and information on the manner in which records are retained by COTA and its Office of the President and accessed in the ordinary course of the office's duties.

Thanks,

Benjamin Keith

From: Central Ohio Transit Authority

Good afternoon,

The records responsive to your request are attached.
Regards,

Nicole Weathers
Paralegal/ Public Records Officer

From: Benjamin Keith

Hi Nicole,

Thank you for these records, but I don't think the document you sent over is all responsive records.

Several pages contain superscript annotations of the sort normally used to indicate a reference, but these references are not explained in the provided document. I expect that the complete set of responsive documents includes an appendix or attachment containing the references for these annotations. Please check again to make sure that you have located all responsive documents.

The report's cover letter opens with the preface, "Via Electronic Mail". I requested "a copy of the email that was used to send the files comprising the report, in addition to the report files themselves." Since you have successfully located the report, which was sent by email, you must have identified and located the email that contained the report. Please send a copy of that email.

Thanks again,
Ben Keith

From: Central Ohio Transit Authority

All the records responsive to your request have been forwarded.
Regards

Nicole M. Weathers
Paralegal/ Public Records Officer

From: Benjamin Keith

Hi Nicole,

Some records responsive to this request have not been forwarded.

COTA's records retention schedule for email is 7 years, across the entire agency. I refer you to the document "RC2-INFORMATION-TECHNOLOGY-1.2.pdf" which was returned in another public records request, and which I have attached to this email. On page 2, the records retention schedule says that COTA retains "Electronic Mail (Authority wide)" for 7 years in a digital format.

I requested "a copy of the email that was used to send the files comprising the report, in addition to the report files themselves." This email would have been sent in December 2020. December 2020 is 2 years and 1 month ago. Two years is less than 7 years. The responsive email should be retained under COTA's document retention policy.

Since you have successfully located the report, which was sent by email, you must have identified and located the email that contained the report. Send me a copy of that email.

Thanks,
Ben Keith

From: Benjamin Keith

Hi COTA Public Records Team,

Is there an estimate for when the envelope email and all attachments will be provided, or for when you will have an update on this request? It has been more than three weeks since the last response from COTA on this request.

Thanks,
Ben Keith

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