Electronic Message Records

Hal,

I represent Oakwood City Schools, and am acknowledging receipt of your request pursuant to Ohio’s Public Records Act. Please direct any further communication regarding this request to me.

The request that you have made, because you include the term “school” in the search terms, targets every email to or from the email account ramey.kyle@oakwoodschools.org<mailto:ramey.kyle@oakwoodschools.org>. This makes your request overly broad, ambiguous and all-encompassing, asking that the District completely duplicate email files. 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 so that it is not overly broad, ambiguous, and all-encompassing.

​

Thank you.

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

Hal,

Eliminating the term “school” from your request resulted in a substantial reduction in the number of documents that were responsive, as one would suspect since the word “school” appeared in each email sent to or from ramey.kyle@oakwoodschools.org<mailto:ramey.kyle@oakwoodschools.org> for the time period in question.

There is one other search term that I would ask you to consider eliminating, and that is “Board.” This term appears 1,847 times in the responsive documents, and includes such items as: “Do you think it is a good idea for our Board Staff to have an opportunity for updated pictures for our ID Card?” and “Sandi has been emailing books in the office for me and then getting a total and then I let them know to send a check made out to the Board of Education.”

Thank you for your consideration of this request. We anticipate sending the responsive documents to you by the end of next week.

Janet

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

Hal,

The first review of the documents has been completed, and I am in the process of reviewing the redactions to responsive documents to make certain they are complete and appropriate. There were many more reactions of student information than originally contemplated. Once the second review is completed, then it will be reviewed by District staff. I estimate this process will take this week and at least part of next week to finalize.

Janet

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

Hal,
The response to this request is in final review, and it is anticipated that it will be sent to you on or before February 23, 2023.
Janet
Janet K. Cooper
Of Counsel
BRICKER & ECKLER LLP
312 N. Patterson Blvd., Suite 200
Dayton, OH 45402

Please use this email string and use only sauber.laura@oakwoodschools.org
to communicate about public records requests dealing with Oakwood City
Schools. I hope to have the records you've requested sent yet this week.

Best regards,
Laura Sauber

---------- Forwarded message ---------
From: Laura Sauber <laura.sauber@centerville.k12.oh.us>
Date: Wed, Mar 1, 2023 at 9:16 AM
Subject: Fwd: Ohio Open Records Law Request: Electronic Message Records
To: Laura Sauber <sauber.laura@oakwoodschools.org>

---------- Forwarded message ---------
From: requests@muckrock.com <
requests@muckrock.com>
Date: Wed, Mar 1, 2023 at 1:00 AM
Subject: RE: Ohio Open Records Law Request: Electronic Message Records
To: <JCooper@bricker.com>
Cc: Laura Sauber <laura.sauber@centerville.k12.oh.us>, Allyson Couch <
couch.allyson@oakwoodschools.org>

Oakwood City School District
Ohio Open Records Law Office
20 RUBICON ROAD
OAKWOOD, OH 45409

March 1, 2023

This is a follow up to a previous request:

To Whom It May Concern:

I'm following up on the following Ohio Open Records Law request, copied
below, and originally submitted on Nov. 3, 2021. You had previously
indicated that it would be completed on Feb. 23, 2023. I wanted to check on
the status of my request, and to see if there was a new estimated
completion date.

Thanks for your help, and let me know if further clarification is needed.

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 120942
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.

---

On Feb. 14, 2023:
Subject: RE: Ohio Open Records Law Request: Electronic Message Records
Hal,
The response to this request is in final review, and it is anticipated that
it will be sent to you on or before February 23, 2023.
Janet
Janet K. Cooper
Of Counsel
BRICKER & ECKLER LLP
312 N. Patterson Blvd., Suite 200
Dayton, OH 45402
---

On Jan. 23, 2023:
Subject: RE: Ohio Open Records Law Request: Electronic Message Records
Thank you for the update.
---

On Jan. 23, 2023:
Subject: RE: Ohio Open Records Law Request: Electronic Message Records
Hal,

The first review of the documents has been completed, and I am in the
process of reviewing the redactions to responsive documents to make certain
they are complete and appropriate. There were many more reactions of
student information than originally contemplated. Once the second review is
completed, then it will be reviewed by District staff. I estimate this
process will take this week and at least part of next week to finalize.

Janet

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

On Jan. 6, 2023:
Subject: RE: Ohio Open Records Law Request: Electronic Message Records
Thank you for the reply.

I agree, please eliminate the word "board".
---

On Jan. 6, 2023:
Subject: RE: Ohio Open Records Law Request: Electronic Message Records
Hal,

Eliminating the term “school” from your request resulted in a substantial
reduction in the number of documents that were responsive, as one would
suspect since the word “school” appeared in each email sent to or from
ramey.kyle@oakwoodschools.org<mailto:ramey.kyle@oakwoodschools.org> for the
time period in question.

There is one other search term that I would ask you to consider
eliminating, and that is “Board.” This term appears 1,847 times in the
responsive documents, and includes such items as: “Do you think it is a
good idea for our Board Staff to have an opportunity for updated pictures
for our ID Card?” and “Sandi has been emailing books in the office for me
and then getting a total and then I let them know to send a check made out
to the Board of Education.”

Thank you for your consideration of this request. We anticipate sending the
responsive documents to you by the end of next week.

Janet

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

On Nov. 3, 2021:
Subject: Ohio Open Records Law Request: Electronic Message Records
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 account, deleted or not:

ramey.kyle@oakwoodschools.org

From the dates:

17 August 2021 to 3 November or the date you acknowledge this request,
whichever is later.

Please preserve records as of the date of this request.

With the following case insensitive search terms present in any field:

libelous
OR slanderous
OR misinformation
OR fear
OR distrust
OR cancelled
OR CRT
OR EDI
OR Rufo
OR Defending
OR transgender
OR gay
OR straight
OR racist
OR anti racist
OR SEL
OR social emotional learning
OR School
OR Board
OR election

This request is not over-broad. It is for a specific search terms, domain,
account, and time frame.

Please redact all student identifiers as required by law, including parent
names when that would identify discussion of students.

Please provide results in text format pdf, not graphical text pdf

If links or hidden fields are present, please provide in a format that
allows viewing the hidden information.

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

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 120942
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is
being sent through MuckRock by the above in order to better track, share,
and manage public records requests. Also note that improperly addressed
(i.e., with the requester's name rather than "MuckRock News" and the
department number) requests might be returned as undeliverable.

Hal,

Documents responsive to your request have been located and reviewed. With
your agreement, we eliminated the search terms “board” and “school” from
the request. Redactions were made from some of the documents for the
following reasons:

1. Some of the responsive documents included personally identifiable
student information, protected from disclosure pursuant to the Family
Education Rights and Privacy Act of 1974 (FERPA), Title 20 U.S.C. 122g, and
ORC 3318.321.

2. Some of the information in responsive documents does not serve to
document the functions or operations of the District as a public office OR
149.011(G); *State ex rel. Dispatch Printing Co. v. Johnson,* 106 Ohio
St.3d 160 (2005).

3. Some documents are privileged communications between attorney and
client. ORC 149.4(A)(1)(v); ORC 2317.02; *State ex rel. Thomas v. Ohio
State Univ.,* 71 Ohio St.3d 245 (1994).

The documents are attached to this email. If you have any questions, please
let me know.

Best regards,
Laura Sauber
OCS Response 1 (2).pdf
<https://drive.google.com/file/d/12NWh6I8iodksFf1uO3mPzubat6pmHD8U/view?usp=drive_web>
OCS Response 2 (2).pdf
<https://drive.google.com/file/d/1GP4OZrYQ08vJkt0GibmkemI3ztOMKjJi/view?usp=drive_web>
OCS Response 3 (2).pdf
<https://drive.google.com/file/d/1KJTSfTi_AHHrfzzdLOSIGxKMPd42U-kz/view?usp=drive_web>
--
Laura Sauber, Treasurer
Oakwood Schools
20 Rubicon Road
Oakwood, OH 45409
Phone: 937-297-5332

Hal,

I'm working with technology to try to get these attachments to you. Thank
you for your patience. I'm trying again with this email. Please let me know
if you're able to open the documents.

Thanks,
Laura

---------- Forwarded message ---------
From: Laura Sauber <sauber.laura@oakwoodschools.org>
Date: Sat, Mar 4, 2023 at 10:14 AM
Subject: RE: Ohio Open Records Law Request: Electronic Message Records
To: <requests@muckrock.com>
Cc: Allyson Couch <couch.allyson@oakwoodschools.org>, Laura Sauber <
sauber.laura@oakwoodschools.org>

Hal,

Documents responsive to your request have been located and reviewed. With
your agreement, we eliminated the search terms “board” and “school” from
the request. Redactions were made from some of the documents for the
following reasons:

1. Some of the responsive documents included personally identifiable
student information, protected from disclosure pursuant to the Family
Education Rights and Privacy Act of 1974 (FERPA), Title 20 U.S.C. 122g, and
ORC 3318.321.

2. Some of the information in responsive documents does not serve to
document the functions or operations of the District as a public office OR
149.011(G); *State ex rel. Dispatch Printing Co. v. Johnson,* 106 Ohio
St.3d 160 (2005).

3. Some documents are privileged communications between attorney and
client. ORC 149.4(A)(1)(v); ORC 2317.02; *State ex rel. Thomas v. Ohio
State Univ.,* 71 Ohio St.3d 245 (1994).

The documents are attached to this email. If you have any questions, please
let me know.

Best regards,
Laura Sauber
OCS Response 1 (2).pdf
<https://drive.google.com/file/d/12NWh6I8iodksFf1uO3mPzubat6pmHD8U/view?usp=drive_web>
OCS Response 2 (2).pdf
<https://drive.google.com/file/d/1GP4OZrYQ08vJkt0GibmkemI3ztOMKjJi/view?usp=drive_web>
OCS Response 3 (2).pdf
<https://drive.google.com/file/d/1KJTSfTi_AHHrfzzdLOSIGxKMPd42U-kz/view?usp=drive_web>
--
Laura Sauber, Treasurer
Oakwood Schools
20 Rubicon Road
Oakwood, OH 45409
Phone: 937-297-5332