E-mails containing search terms

Hal Flak filed this request with the Oakwood City School District of Oakwood, OH.

It is a clone of this request.

Est. Completion None
Status
Awaiting Response

Communications

From: Hal Flak

To Whom It May Concern:

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

All e-mails under the control of the Oakwood City School District that may be found using the following search terms, case insensitive:

E-mails containing:

critical + race + theory OR
white + privilege OR
CRT OR
race OR
white + supremacy OR
Anti + racist OR
racist OR
trans OR
Gender OR
LBGT

For the dates:

1 January 2020 to 1 March 2021

Please provide in a text format where text is searchable, including pdf that is text searchable and links are active.

Include email account where message is found for each message, sender and recipient.

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: Oakwood City School District

Receipt of this public records request is acknowledged. The search is being run as requested to determine how many documents it generates. Once that information is known, I will let you know what you can expect in terms of estimated response time and/or whether the request is objectionable for reasons such as its overbreadth and ambiguity.

Janet Cooper
Of Counsel
BRICKER & ECKLER LLP
312 N. Patterson Blvd., Suite 200
Dayton, OH 45402
jcooper@bricker.com

From: Oakwood City School District

Hal,

I represent Oakwood City Schools, and am acknowledging receipt of your request pursuant to Ohio’s Public Records Act.

The District’s search based on the terms you provided for the 14-month period you identified generated 65,955 documents. This request is overly broad. State ex rel. Dillery v. Icsman, 92 Ohio St.3d 312, 2001-Ohio-193, 750 N.E. 2d 156; Kanter v. City of Cleveland Hts., Ct. of Cl. No. 2018-01092PQ, 2018-Ohio-4592.

You are asking the District to completely duplicate email files, and the Public Records Act does not contemplate that a person is entitled to a “complete duplication” of a public office’s “voluminous files.” State ex rel. Glasgow v. Jones, 19 Ohio St. 3d 91, 2008-Ohio-4788, 894 N.E.2d 686, at ¶17; see also, e.g., State ex rel. Bristow v. Baxter, 6th Dist. Erie No. E-17-060, 2018-Ohio-1973.

I am requesting that you revise your request, perhaps by reducing the number of search terms, and reducing the time period involved, so that it is not overly broad.

In the meantime, please direct any further communication regarding this request to me.

​Thank you.

Janet Cooper
Of Counsel
BRICKER & ECKLER LLP
312 N. Patterson Blvd., Suite 200
Dayton, OH 45402
jcooper@bricker.com

From: Hal Flak

Thank you for the reply.

If you remove race, racist, and gender does that reduce the number of documents to a manageable number?

If not, can you tell me which single search term produced the most results and if that is a manageable number?

From: Hal Flak

Hello,

Can you provide a non-binding update for this request?

Thank you.

From: Hal Flak

Dear Ms. Sauber:

Could you please provide an update on this long-outstanding request regarding electronic messages?

You will get similar e-mails regarding other overdue requests.

Sincerely,

Hal

From: Oakwood City School District

Hal,

After the terms “race,” “racist,” and “gender” were removed from the set of 65,955 documents that were retrieved for this request, 10,102 documents remained. The first review of these documents is ongoing.

The term “race” generated 41,810 hits, the term “racist” generated 7,193 hits, and the term “gender” generated 19,488 hits.
Please confirm that you are in agreement with eliminating these terms from the generated documents.

We have discovered during the initial review of the 10,102 documents that the term “trans” appears in some documents as an abbreviated form of “transaction,” and “transportation.” In other documents it appears as “trans fat” in nutrition information. Could you agree to limit responsive documents to those in which the term “trans” refers to gender?

Thank you,

Janet

Janet K. Cooper
Of Counsel
BRICKER & ECKLER LLP
312 N. Patterson Blvd., Suite 200
Dayton, OH 45402

From: Hal Flak

Thank you for the message.

I am in agreement with all of your suggestions to include removing the search terms specified and limiting trans to refer to gender.

Thank you for your assistance!

From: Oakwood City School District

One other thing, Hal. The acronym “CRT” apparently has numerous meanings. For example, it appears on numerous material safety data sheets for chemicals used in cleaning and disinfecting. It is also used when referring to E-waste, and it is shorthand for big, boxy monitors. Is it fair to assume that you are only interested in the “critical race theory” meaning of CRT? Can we eliminate the other documents as being non-responsive?

Thank you,

Janet

Janet K. Cooper
Of Counsel
BRICKER & ECKLER LLP
312 N. Patterson Blvd., Suite 200
Dayton, OH 45402

From: Hal Flak

Hi,

Yes. Your recommendations on limiting CRT to critical race theory is a good suggestion and I agree.

Thank you!

Files

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