Ohio Freedom of Information Act. Request: Ohio Freedom of Information Act. Request: Pepsi and Coke (Miami University)
It is a clone of this request.
| Multi Request | Ohio Freedom of Information Act. Request: Ohio Freedom of Information Act. Request: Pepsi and Coke |
| Submitted | Jan. 21, 2023 |
| Est. Completion | None |
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Communications
From: Kayla Henson
To Whom It May Concern:
Pursuant to the { Ohio Freedom of Information Act. }, I hereby request the following records:
- A copy of any and all contracts (including associated amendments and exhibits) awarded to Pepsi, Coca-Cola, or any subdivision thereof, for the provision of beverages or other goods in any facilities under the purview of this organization, including all activities and buildings associated with athletics, sports, dining services, or otherwise. If this agency does not have a contract with either of the named companies, please provide the equivalent agreement with the currently employed company.
- If the contract(s) was cancelled, any and all materials related to its cancellation.
- If the contract was cancelled, the statement from the university about cancellation.
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 { 5 days }.
Sincerely,
{ Kayla Henson }
From: Miami University
Ms. Henson,
This message is in response to your public records request for a copy of
any and all contracts (including associated amendments and exhibits)
awarded to Pepsi, Coca-Cola, or any subdivision thereof, for the provision
of beverages or other goods in any facilities under the purview of this
organization, including all activities and buildings associated with
athletics, sports, dining services, or otherwise. This request is overly
broad because you have not specified if you are looking for current
contracts or provided a date range for prior contracts. Ohio’s Public
Records Act requires that you identify the records you seek with
“reasonable clarity” and describe those records “specifically and
particularly” (See *State ex rel. Glasgow v. Jones*, 119 Ohio St. 3d 391
(2008) and *State ex rel. Dillery v. Icsman*, 92 Ohio State. 3d 312 (2001).
A public office is under no duty to seek out and retrieve records that
contain specific information that is of interest to a requestor. See *State
ex rel. Fant v. Tober *(1993), 68 Ohio St. 3d 117 and *State ex rel. Thomas
v. Ohio State University *(1994), 71 Ohio St. 3d 245. It is not
appropriate to ask a public office to search for records containing
selected information. For example, a request to a public office for any
and all records containing any reference to a particular person or subject
is inappropriate. See *State ex rel. Dillery v. Icsman, *(2001) 92 Ohio
St. 3d 312. A request for duplication of all records having to do with a
particular topic or all records of a particular type is overly broad
(see *State
ex rel. Zidonis v. Columbus State Community College*, 133 Ohio St. 3d 122
(2012)). A public office is not compelled to produce records when the
underlying request is ambiguous or overly broad.
Miami University makes a copy of our current contract with Pepsi, and the
addendum, publicly available online. You may download it from
https://miamioh.edu/athletics/public-records-contracts/ (middle of the
page). If you are looking for additional records, please contact us and
provide us with the information we would need in order to locate the record
(specifically the dates).
Best regards,
Aimee Smart
[image:
http://miamioh.edu/_files/images/ucm/resources/logo/email-FSLOD_186K.jpg]
*Aimee SmartParalegal/Office of General Counsel*205B Roudebush Hall
Oxford, OH 45056
513-529-6734 Office
513-529-3911 Fax
This message may contain information that is legally confidential,
privileged, and/or attorney work product. If you are NOT the intended
recipient, you are hereby notified that any dissemination, distribution or
copying of this communication is strictly prohibited. If you are NOT the
intended recipient, please notify me by collect telephone call and delete
all copies of the message in your control. Nothing contained in this
message, attachments or its sending shall be construed as an Electronic
Signature under state or federal laws. If this message contains a caption
that states it is "privileged" and/or "confidential" the intended recipient
may not forward this message to any other party whatsoever without the
prior consent of the Office of General Counsel.
