Electronic messages
| Submitted | Aug. 16, 2021 |
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Communications
From: Hal Flak
To Whom It May Concern:
Pursuant to the Ohio Open Records Law, I hereby request the following records:
All e-mail sent to or from the following accounts, deleted or not:
potts@wrightlibrary.org
hix@wrightlibrary.org
schmidt@wrightlibrary.org
chesar@wrightlibrary.org
hale@wrightlibrary.org
From the dates:
1 April 2021 through 1 July 2021 (inclusive).
Please provide the messages in a Microsoft outlook .PST file or if that is not possible a single PDF.
This request is not over-broad. The request is for specific accounts over a specific time frame and a specific records medium.
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,
Hal Flak
From: Hal Flak
Please provide an update on this request.
From: Wright Memorial Public Library
Mr. Flak:
Wright Memorial Public Library has reviewed your public records request. As currently submitted, your records request specifies 5 e-mail addresses and a time period covering April 1 to July 1, 2021; however, your request does not specify subject matter or terms, and is therefore, overly broad as defined under ORC 149.43(B)(2).
Please clarify your request and identify specific documents you are seeking. I look forward to receiving clarification from you. Thank you.
Mary Hopton, Fiscal Officer
Wright Memorial Public Library
1776 Far Hills Avenue
Oakwood, OH 45419
937.294.7171
From: Hal Flak
I disagree that "does not specify subject matter or terms" is a requirement. I interpret ORC 149.43(B)(2) to require 1) domain, such as e-mail 2) limitation, such as account(s) 3) time frame, such as 1 Jan 2021 to 31 Dec 2021. Subject or other limitation is not required.
If you deny my appeal, please specify so in a written reply with reason for denial, as well as a name, e-mail, phone number, and physical address for a point of contact to which receive further communication on appeal of the denial.
From: Wright Memorial Public Library
Mr. Flak:
I am responding to your recent public records request, which requested:
All e-mail sent to or from the following accounts, deleted or not:
potts@wrightlibrary.org
hix@wrightlibrary.org
schmidt@wrightlibrary.org
chesar@wrightlibrary.org
hale@wrightlibrary.org
From the dates:
1 April 2021 through 1 July 2021 (inclusive).
In response to your request, it is the Library’s position that it is vague, ambiguous, and overly broad. Pursuant to R.C. §149.43(B)(2), “If a requester makes an ambiguous or overly broad request * * * such that the public office or the person responsible for the requested public record cannot reasonably identify what public records are being requested, the public office or the person responsible for the requested public record may deny the request.” Ohio courts have consistently held that where a person requests access to all correspondence of a certain office, or all records containing any reference whatsoever to a particular person or topic, or requests correspondence and communications between unspecified people, over unspecified periods of time, and over general, non-specific matters, the request is improperly ambiguous and overbroad. (R.C. §149.43(B)(2)). See also State ex rel. Glasgow v. Jones, 119 Ohio St.3d 391, 2008-Ohio-4788, 894 N.E.2d 686; State ex rel. Dillery v. Icsman, 92 Ohio St.3d 312, 314, 750 N.E.2d 156; State ex rel. Daugherty v. Mohr, 10th Dist. Franklin No. 11AP-5, 2011-Ohio-6453; State ex rel. Zidonis v. Columbus State Community College, 133 Ohio St.3d 122, 2012-Ohio-4228, 976 N.E.2d 861; State ex rel. Zouderer v. Joseph, 62 Ohio App.3d 752, 577 N.E.2d 444 (10th Dist. 1989); Kanter v. City of Cleveland Hts., Ct. of Cl. No. 2018-01092PQ, 2018-Ohio-4592. Because your request for public records is overly broad and ambiguous, and since the Library cannot readily determine what you are specifically requesting, the Library must deny your request at this time.
Ohio Courts have specifically found that a request for all emails sent and received by certain public employees and/or officials is ambiguous and overly broad. State ex rel. Bristow v. Baxter, 6th Dist. Erie No. E-17-060, E-17-067, and E-17-070, 2018-Ohio-1973. Limiting the request even to short periods of time does not cure the ambiguity and overbreadth of such generic requests. Id. Notably, the request for emails in Bristow was limited to just two one-month periods. The Court concluded that this time limitation did not cure the ambiguity and overbreadth of the request. On the other hand, a request for all emails relating to a certain subject over a specified period is proper under R.C. 149.43. State ex rel. Glasgow v. Jones, 119 Ohio St.3d 391, 2008-Ohio-4788, 894 N.E.2d 686.
Because your public records request is vague, ambiguous, and overly broad, the Library is again denying your request at this time in accordance with R.C. §149.43(B)(2). However, you are welcome to revise and refine your request so that it is not vague, ambiguous and overly broad. As indicated in my previous correspondence, please clarify your request and specify the subject matter of the documents you are requesting. I look forward to receiving clarification from you. Thank you.
Mary Hopton, Fiscal Officer
From: Hal Flak
Thank you for the very well-reasoned reply, which I did learn from, especially Bristow.
I agree with your assessment that the request is over-broad as written, and thank you for the supporting cases.
Please replace the initial request with the following:
To Whom It May Concern:
Pursuant to the Ohio Open Records Law, I hereby request the following records:
Emails sent *BETWEEN* any of the following accounts residing in any of the wrightlibrary.org accounts listed below, deleted or not:
ramey.kyle@oakwoodschools.org
Klopsch@oakwood.oh.us
ladfulford@gmail.com
potts@wrightlibrary.org
hix@wrightlibrary.org
schmidt@wrightlibrary.org
chesar@wrightlibrary.org
hale@wrightlibrary.org
From the dates:
1 April 2021 through 24 August 2021 (inclusive).
The search terms would iterate all of the addresses for each wright library owned account listed above for the TO, CC, or BCC addresses of the other accounts. For example, search the account "potts@wrightlibrary.org" for the following terms in the TO, CC, or BCC fields ramey.kyle@oakwoodschools.org OR Klopsch@oakwood.oh.us OR ladfulford@gmail.com OR hix@wrightlibrary.org OR schmidt@wrightlibrary.org OR chesar@wrightlibrary.org OR hale@wrightlibrary.org, and then repeat the process for "hix@wrightlibrary.org" and so forth. If needed I can write the search terms for each account, but the logic repeats.
Please let me know if you have any question or concern.
Please provide the messages in a Microsoft outlook .PST file or if that is not possible a single or several PDFs.
From: Wright Memorial Public Library
Mr. Flak:
Thank you for revising your request. As I am sure you are aware, the Library is currently undergoing construction since January, 2021. Within your request, we estimate thousands e-mails will be included for this project. We would like you to confirm whether or not you wish to have the construction project e-mails and attachments as part of your public records request. Please note including these e-mails will add significant time for retrieval, reviewing, and redaction of any, to complete this request. I look forward to your response. Thank you.
Mary Hopton, Fiscal Officer
From: Hal Flak
Hello,
I am not interested in construction e-mails. How to you propose excluding them?
Thank you!
From: Wright Memorial Public Library
Mr. Flak:
I am investigating how to exclude these e-mails as well as duplicate e-mails from your previous OIC e-mail request. I will let you know once I have a better idea what is possible.
Mary Hopton/Fiscal Officer
From: Hal Flak
Hi,
Please put this request on hold while I reconsider if it is needed. I will get back to you soon.
From: Hal Flak
Hello,
The original request appears to be very cumbersome to complete.
Please revise the request to the following:
ALL messages sent to or received from the domain within any account under the control of Wright Memorial Public Library (deleted or not):
@oakwoodschools.org
From 1 January 2021 to 7 September 2021.
Please provide in a .pst file or if that is not feasible, a PDF file that includes any link text, attachments, and sender / recipient information.
This search should not include many construction related messages and is narrow in scope.
Thank you for your assistance!
From: Wright Memorial Public Library
Mr. Flak:
We have reviewed your request and will begin gathering the records for this request. An update on time to completion will be given once the records have been reviewed. Thank you.
Mary Hopton, Fiscal Officer
From: Wright Memorial Public Library
Mr. Flak:
After gathering the records for messages sent to or recieved from @oakwoodcityschools.org, it appears there is a volumious amount of duplication from your first request regarding the OIC or Oakwood Inclusion Coalition. Without specifying subject matter or terms, your request is overly broad as defined under ORC 149.43(B)(2) and case law previously provided to you.
Please clarify your request and identify specific subject matter or terms you are seeking. I look forward to receiving clarification from you. Thank you.
Mary Hopton, Fiscal Officer
From: Hal Flak
Thank you for the reply.
I do not want to duplicate records or effort.
Please exclude the address hale@wrightlibrary.org from your search, which should get rid of all duplicate messages and also some non duplicates.
From: Wright Memorial Public Library
Mr. Flak:
Thank you for the clarification. I will rerun the request and exclude hale@wrightlibrary.org from the @oakwoodcityschools.org search. I will let you know a tentative time frame for completion by Friday, September 17th. Thank you.
Mary Hopton, Fiscal Officer
From: Wright Memorial Public Library
Mr. Flak:
After the removal of hale@wrightlibrary.org from the search criteria, the e-mails records and attachments total over 1,000 items. During my initial review, I noted over 300 records regarding student volunteering and student to student tutoring. If you are not interested in those subject matters, please let me know as it would greatly reduce the time to review and redact any library, patron, personal identifiable, or student information. I look forward to your response.
Mary Hopton, Fiscal Officer
From: Hal Flak
Thank you for the message.
Yes, please exclude the messages regarding regarding student volunteering and student to student tutoring.
Thank you!
From: Wright Memorial Public Library
Mr. Flak:
Thank you for clarifying you do not want the student volunteering and student to student tutoring. The review and redaction process is approximately 20% complete. I will update the progress weekly until the project is complete.
Mary Hopton, Fiscal Officer.
From: Wright Memorial Public Library
Mr. Flak:
The review and redaction of the requested records is 75% complete. The records you have requested should be completed by Friday, October 8, 2021.
Mary Hopton, Fiscal Officer
From: Hal Flak
Thank you for the update! I appreciate your assistance and communication.
From: Wright Memorial Public Library
Mr. Flak:
The reveiw, redaction, and compilation of the records has been completed. On any document where there is a redaction, I have noted Redaction A or Redaction B in red in the upper right hand corner. Redaction A is for items under ORC Section 149.432(B) for Library Records and Patron Information, and Redaction B is for items under ORC Section 149.011(G) for non-public records.
Mary Hopton, Fiscal Officer
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