Law enforcement informal and formal settlement data and reports (Toledo Police Department)

Beryl Lipton filed this request with the Toledo Police Department of Toledo, OH .
Multi Request Law enforcement informal and formal settlement data and reports
Status
Rejected

Communications

From: Beryl Lipton

To Whom It May Concern:

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

Materials related to and sufficient to show all instances of alleged or actual inappropriate or illegal behavior or actions resulting in compensation or expenditures involving this agency. These include, but are not limited to, all records related to instances in which a weapon was used or discharged.

Responsive materials include records of all settlements (formal and informal) and payments to which this agency was or is a party for the period from January 1, 2010 through the date this request is processed. Responsive materials include those for matters and legal claims resolved prior to the initiation of any litigation.

In particular, materials responsive to this request include all reports, lists, databases, spreadsheets, and other documentation detailing incidents of legal claims or other allegations requiring compensation for claimants, attorneys, or any other party.

If spreadsheets or similar documents are available in response to this request, please provide all segregable data, including but not limited to:

The nature of the claim or legal matter
The claimant and other parties involved
The relevant case and tracking numbers for court and internal systems
The date the lawsuit was served or litigation commenced
The final disposition or current status of the case, including whether a case is still pending
The amount spent to date as a result of the legal engagement
The amount paid to any parties related to the legal claim, including any city payout and any non-monetary compensation

This request is being made by a journalist as part of a journalistic investigation. It is being submitted to your agency because a member of your community requested it be included in our effort. There is no commercial interest in this request, and its submission and the release of materials is in the public interest.

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.

If you have any questions about this request, please contact the email address associated with this request or leave a message at 617-299-1832

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, as the statute requires.

Sincerely,

Beryl Lipton

From: Toledo Police Department

I am fulfilling requests dated July 15th, if that can give you an estimate on when your request will be reached.

As you may know, this office was closed from April 6- July 1. So from July 2, I have been fulfilling requests from March till present.

We appreciate your patience during this uncertain times.

Sincerely,

Mercy Lopez
Custodian of Records
(W) 419-245-3148 option# 7 (F) 419-936-3659

Toledo Police Department
525 N. Erie Street
Toledo, Ohio 43604

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From: Toledo Police Department

This is going to be an inquiry for the Law Dept. I do not hold these records.

Sincerely,

Mercy Lopez
Custodian of Records
(W) 419-245-3148 option# 7 (F) 419-936-3659

Toledo Police Department
525 N. Erie Street
Toledo, Ohio 43604

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From: Toledo Police Department

Dear Ms. Lipton:

Your public records request of the Toledo Police Department for "Law enforcement informal and formal settlement data and reports" was forwarded to this office for review.

The request is denied on the basis that it is ambiguous and overly broad. The Ohio public records act does not contemplate there is a right to complete duplication of voluminous files of a governmental agency and, further, a request to search for information 'regarding,' or 'relating' to, a topic is generally improper. I refer you to, State ex rel. Glasgow v. Jones, 119 Ohio St.3d 391, 2008-Ohio-4788, 894 N.E.2d 68; also, State ex rel. Essi v. City of Lakewood, 2018-Ohio-5027, 126 N.E.3d 254.

The Ohio Supreme Court has also held a request for all litigation files and all grievance files for a period over six years, )and for all emails between two employees during joint employment) as overly broad. See, State ex rel. Zidonis v. Columbus State Community College, 133 Ohio St.3d 122, 2012-Ohio-4228, 976 N.E.2d 861. Requests for "entire categories of records, such as 'complaints,' 'reports of safety violations,' 'communications,' and 'emails'" with no time specification or for multiple years" are also considered to be overly broad. Gupta v. City of Cleveland, Ct. of Cl. No. 2017-00840PQ, 2018-Ohio-3475.

Lastly, the police department does not maintain records in the manner you have requested and there is no duty under Ohio Revised Code 149.43 to create new records by searching and compiling information. I refer you to, State ex rel. White v. Goldsberry, 85 Ohio St.3d 153, 154, 1999-Ohio-447, 707 N.E.2d 496.

Should you wish to discuss this further to narrow or clarify your request, please do not hesitate to email or call my office at 419-245-1020.

Very truly yours,

Karlene Henderson,

Senior Attorney, City of Toledo

Law Department

419-245-1020

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