RNC Assessment/Updates

Melissa Hill filed this request with the Ohio State Highway Patrol of Ohio.
Tracking # PRR- 16-002049
Est. Completion None
Status
No Responsive Documents

Communications

From: Melissa Hill

To Whom It May Concern:

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

I would like copies of any and all "RNC Assessment/Update" issued by the Ohio State Highway Patrol Intelligence Unit during the 2016 Republican National Convention in Cleveland, Ohio.

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 would request your response within ten (10) business days.

Sincerely,

Melissa Hill

From: wwwohp@dps.ohio.gov

Melissa,

See the attached PDF. Thanks.

Bradley Shaw
OSHP PAU
Public Information Specialist
614-752-2792

From: prcasey@dps.ohio.gov

Ms. Hill - please find attached the Ohio Department of Public Safety's response to your November 21, 2016 public records request.

P.R. Casey IV
Associate Legal Counsel
Ohio Department of Public Safety
1970 West Broad Street, Suite 531
Columbus, Ohio 43223
prcasey@dps.ohio.gov<mailto:prcasey@dps.ohio.gov>
main: (614) 466-7014
direct: (614) 728-9423

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From: Melissa Hill

To clarify, this would include any and all documents that may be considered RNC Updates and/or RNC Update Assessments regarding the 2016 RNC in Cleveland, Ohio if the term "RNC/Assessment Update" is not producing any results.

Thank you,
Melissa Hill

From: prcasey@dps.ohio.gov

Ms. Hill,

On December 8, 2016, I responded that the Ohio Department of Public Safety had no responsive records responsive to your Nov 21 request for "any and all "RNC Assessment/Update" issued by the Ohio State Highway Patrol Intelligence Unit during the 2016 Republican National Convention in Cleveland, Ohio." On December 8, 2016, you attempted to clarify by stating your request "would include any and all documents that may be considered RNC Updates and/or RNC Update Assessments regarding the 2016 RNC in Cleveland, Ohio."

Please be aware, DPS has no records entitled "RNC Assessment" or "RNC Update."

Furthermore, Ohio law does not require me to search all of DPS's records for documents containing information that could be interpreted as an assessment or update generally. Ohio law provides that a requester has a duty to identify the records sought with sufficient clarity. State ex rel. Dillery v. Icsman (2001), 92 Ohio St.3d 312, 314. In your request, you have asked for any and all records pertaining to a particular subject matter. Please note that your request fails to satisfy the requirements of Ohio public records law that a request must be specific and particularly describe what is being sought from the public office. State ex rel. Zauderer v. Joseph (1989), 62 Ohio App.3d 752, at 756. A governmental office has no duty to "seek out and retrieve those records which would contain the information of interest to the requester." State ex rel. Fant v. Tober 1993 WL 173743 (Ohio App. 8 Dist.). That is, a public office is under no obligation to search for records containing selected information. State ex rel. Thomas v. Ohio State University (1994), 71 Ohio St. 3d 245. Therefore, to the extent that you have requested that this office initiate searches for various types of records containing specific information, rather than identifying the specific records you seek, your request is inappropriate under applicable legal standards.

Finally, please note, even if you were able to narrow your records request so that it was not overly broad, it is possible the RNC related records would be withheld based upon the Security Records exception to the Ohio Public Records Law, R.C. 149.433(A)(1) & (2)(a).

P.R. Casey IV
Associate Legal Counsel
Ohio Department of Public Safety
1970 West Broad Street, Suite 531
Columbus, Ohio 43223
prcasey@dps.ohio.gov<mailto:prcasey@dps.ohio.gov>
main: (614) 466-7014
direct: (614) 728-9423

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