Police Report(s)
It is a clone of this request.
| Submitted | Jan. 30, 2022 |
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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 documents that are not exempt from release regarding the below referenced investigation including police report(s), complaints, related 911 or non-emergency police call transcripts, arrest reports and warrants, and releasable investigation documents, if any.
Reference: "The Oakwood Public Safety Department is currently investigating a criminal mischief complaint regarding unknown subject(s) defacing property within the Shroyer Road public right-of-way with stickers."
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
Greetings,
Would you kindly please acknowledge this open records request?
Thank you.
From: City Of Oakwood
This message will confirm receipt of your request for certain information relating to a possible property defacement investigation. I note that your request appears to be dated January 30, 2022, but the first time it was received here was on February 11, 2022.
Your request does not specify the date(s) of the alleged property defacement. It also does not identify the location(s) other than "within the Shroyer Road public right-of-way," which is approximately a mile in length. The records custodian will need the date(s) and/or address or cross-street information in order to identify all potentially responsive records. Any other assistance you could provide would be helpful. Also, please be advised that if an investigation is or was underway, certain records may be considered non-releasable pursuant to the "Confidential Law Enforcement Investigatory Record" exception or other applicable exception/exemption to the Ohio Public Records Act.
From: Hal Flak
Thank you for the reply.
On 9 December 2021 the City of Oakwood posted on the city web site a notice still available at the following url:
https://oakwoodohio.gov/community-assistance-needed/
The post contains the following text:
"The Oakwood Public Safety Department is currently investigating a criminal mischief complaint regarding unknown subject(s) defacing property within the Shroyer Road public right-of-way with stickers.
If you live in this area and have a Ring type camera facing Shroyer Road, please check your camera footage. If you see anything suspicious, please immediately contact the Oakwood Public Safety Department at (937) 298-2122. Your help may provide information that will lead to the identity and prosecution of the responsible subject(s)."
I do not know the specific part of Shroyer etc., however the City and public safety department precisely know to what incident(s) this request refers as per the press release.
Are you willing to use the known information that underpins the press release to identify the responsive records? I would appreciate this assistance, which would be much easier than numerous intermediate records requests required to discover these details independently.
If you will not use the reference to the press release to identify records, please let me know and I will leave this request open while pursuing details to refine this request through other record requests.
Thank you for your assistance.
From: City Of Oakwood
Thank you for referring me to the press release. There were multiple locations along Shroyer Road where stickers were found. I was unsure as to whether you were seeking records as to a particular location or all along that corridor. The Safety Department will identify whatever responsive records exist as to the incident as a whole and I will provide them to you.
From: City Of Oakwood
I am uploading two (2) incident reports in a single PDF file which are all of the public records that are responsive to this request. Please note that these are still open matters. As such, additional investigative materials, if any, would be considered confidential law enforcement investigatory records ("CLEIR") that are exempt from disclosure under the Ohio Public Records Act. (See R.C. 149.43(A)(1)(h).)
Please advise if I have overlooked anything in your request or if I can be of further assistance.
From: Hal Flak
Hello,
The referenced e-mail police report was not included in the documents. If this document is not exempt from release, please provide it.
Thank you.
From: City Of Oakwood
I'm not sure what you are seeing, but on my end it shows that the document was properly uploaded to the MuckRock portal on February 22, 2022. I am re-attaching it with this response to try again. Please advise if you have any difficulty accessing the file in case we need to find a different method to get it to you. (Please note: the uploaded document is a single PDF file that contains two (2) police incident reports.)
From: Hal Flak
Hello,
Sorry for the typo in the previous message.
The corrected message is:
"The email referenced which instigated the provided police reports was not included in the documents. If this document is not exempt from release, please provide it."
From: Hal Flak
Hello,
Sorry for the typo in the previous message.
The corrected message is:
"The email referenced which instigated the provided police reports was not included in the documents. If this document is not exempt from release, please provide it."
From: City Of Oakwood
Pursuant to the city's RC-2 records retention schedule, email messages are only retained until no longer of administrative value unless, based on their content, they fall into a record category that has a longer retention period (which is not the case here). It is my understanding that the email you are referencing was no longer needed and has not been retained. Please note that even if the email were in the city's possession, it would have been retained due to its continuing value to an ongoing investigation; it would therefore be withheld from disclosure pursuant to the Confidential Law Enforcement Investigatory Record (CLEIR) exception under the Ohio Public Records Act.
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