Ohio listed indians (Secretary of State)

Mr. Captain,

This email is to acknowledge receipt of your below request for public records, which was received by this office on August 10, 2020. Specifically, you have requested:

"any and all items with Eastern Shawnee tribe."

We are reviewing your request and will respond to you within reasonable time as required by the Ohio Public Records Act.

Sincerely,

[logo for the Office of Frank LaRose Ohio Secretary of State]
Nick Eippert | Assistant Chief Legal Counsel
Office of the Ohio Secretary of State
O: 614.995.2170
OhioSoS.gov<https://OhioSoS.gov/>
This message is intended for use only by the individual or entity to whom or which it is addressed and may contain information that is privileged, confidential and/or otherwise exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone. Thank you.

Mr. Captain,

This email is to respond to your below request for public records, which was received by this office on August 10, 2020.

Please see the attached response letter.

Sincerely,

[logo for the Office of Frank LaRose Ohio Secretary of State]
Nick Eippert | Assistant Chief Legal Counsel
Office of the Ohio Secretary of State
O: 614.995.2170
OhioSoS.gov<https://OhioSoS.gov/>
This message is intended for use only by the individual or entity to whom or which it is addressed and may contain information that is privileged, confidential and/or otherwise exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone. Thank you.

Mr. Captain,

Thank you for clarifying your request. Although you have amended the request to “Shawnee Indian and last name Captain and records for the last name Captain” and “Shawnee tribe and Orphans,” your request is overly broad for the purposes of the Ohio Public Records Act.

The Ohio Public Records Act requires that a requester identify the records he or she is seeking with “reasonable clarity” so that the public office can identify responsive records based on the manner in which it ordinarily maintains and accesses the public records it keeps. See State ex rel. Glasgow v. Jones, 119 Ohio St.3d 391, 2008-Ohio-4788; State ex rel. Morgan v. New Lexington, 112 Ohio St. 3d 33, 2006-Ohio-6365, 857 N.E.2d 1208. As was stated in the previous response, you have not identified a record maintained by our office, rather information that you desire to be contained within any record of our office. “A public office is not obligated to seek out and retrieve those records, which would contain the information of interest to the requestor.” See State ex rel. Fant v. Tober, 1993 Ohio App. Lexis 2591; State ex rel. Kesterson v. Kent State Univ., 156 Ohio St. 3d 22, 2018-Ohio-5110; State ex rel. Dillery v. Icsman, 92 Ohio St.3d 312, 314, 2001 Ohio 193.

For your reference, to aid you in identifying records kept by this office, you may view the current retention schedules for the Ohio Secretary of State, which are maintained by the Ohio Department of Administrative Services (DAS); these records may be accessed at the following location: https://apps.das.ohio.gov/RIMS/GeneralSchedule/Search.

If you choose to clarify your request, please let me know. Additionally, you may consider contacting the Ohio History Connection, who may have records responsive to your request.

Sincerely,

[logo for the Office of Frank LaRose Ohio Secretary of State]
Nick Eippert | Assistant Chief Legal Counsel
Office of the Ohio Secretary of State
O: 614.995.2170
OhioSoS.gov<https://OhioSoS.gov/>
This message is intended for use only by the individual or entity to whom or which it is addressed and may contain information that is privileged, confidential and/or otherwise exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone. Thank you.

Mr. Captain,

Thank you for following up regarding your request for public records. Again, as was stated in my previous response, you are asking for information rather than specific records maintained by our office.

The Ohio Public Records Act provides for access to records, but it does not obligate a public office to search for records containing selected information. “A public office is not obligated to seek out and retrieve those records, which would contain the information of interest to the requestor.” See State ex rel. Fant v. Tober, 1993 Ohio App. Lexis 2591; State ex rel. Kesterson v. Kent State Univ., 156 Ohio St. 3d 22, 2018-Ohio-5110; State ex rel. Dillery v. Icsman, 92 Ohio St.3d 312, 314, 2001 Ohio 193. Furthermore, a public office is under no duty to create new records by searching for and compiling information that may be of interest to the requester. State ex rel. White v. Goldsberry, 85 Ohio St.3d 153, 707 N.E.2d 496 (1999). “The dilemma for the public office may not be whether the public office can identify any responsive records to the request, but whether the terms of the request permit it to reasonably identify all responsive records.” See Kanter v. City of Cleveland Heights, 2018-Ohio-4592.

If you wish to revise your request and provide greater specificity (i.e., specific category of records) our office will be better able to assist you in identifying the records you seek. For your reference, to aid you in identifying records kept by this office, you may view the current retention schedules for the Ohio Secretary of State, which are maintained by the Ohio Department of Administrative Services (DAS); these records may be accessed at the following location: https://apps.das.ohio.gov/RIMS/GeneralSchedule/Search.

You may also consider contacting the Ohio History Connection, which may maintain records responsive to your request.

Sincerely,

[logo for the Office of Frank LaRose Ohio Secretary of State]
Nick Eippert | Assistant Chief Legal Counsel
Office of the Ohio Secretary of State
O: 614.995.2170
OhioSoS.gov<https://OhioSoS.gov/>
This message is intended for use only by the individual or entity to whom or which it is addressed and may contain information that is privileged, confidential and/or otherwise exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone. Thank you.

Mr. Captain,

Thank you for following up on your request. As I stated in the previous response to your request, we are unable to reasonably identify records without your further clarification. Should you choose to clarify your request, we will be better able to assist you.

Sincerely,

[logo for the Office of Frank LaRose Ohio Secretary of State]
Nick Eippert | Assistant Chief Legal Counsel
Office of the Ohio Secretary of State
O: 614.995.2170
OhioSoS.gov<https://OhioSoS.gov/>
This message is intended for use only by the individual or entity to whom or which it is addressed and may contain information that is privileged, confidential and/or otherwise exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify me immediately by telephone. Thank you.