2018 Ohio 4592
Ohio Ct. Cl.2018Background
- Requester Garry Kanter asked the City of Cleveland Heights (May 6, 2018) for “all communications, messages, schedules, logs, and documents shared” between the City (including Police Chief Jeff Robertson) and employees of The Cleveland Jewish News between March 20 and April 12, 2013, regarding Kanter.
- The City denied the request as vague, ambiguous, and overly broad and invited Kanter to clarify; the parties exchanged proposed revisions and the City explained how it maintains records.
- The City nonetheless ran narrowed electronic searches for emails between former Police Chief Robertson and The Cleveland Jewish News within the date range using the keyword "Kanter" and reported no responsive records.
- Kanter filed a complaint in the Court of Claims under R.C. 2743.75 alleging improper denial under the Public Records Act. The City moved to dismiss as the request was facially ambiguous and overly broad.
- The Special Master found that the overall request was ambiguous/overly broad and unenforceable, but acknowledged an arguably proper embedded request that the City actually searched; he recommended denial of Kanter’s claim and assessment of costs against him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PRR sufficiently identifies records | Kanter seeks all records "regarding" him in specified period between City and CJN | City argues request is vague, overly broad, requires unreasonable search across offices and modalities | Request is ambiguous/overly broad and unenforceable |
| Whether an embedded/narrowed request was processed | Kanter contends original PRR should be enforced as written | City contends it offered clarification and conducted searches for narrowed embedded request; no responsive records exist | City reasonably processed an embedded narrower request (emails between Robertson and CJN with keyword) and found none |
| Whether City violated Public Records Act by denying request | Kanter says denial was improper and seeks production | City says denial was proper per R.C. 149.43(B)(2) and it attempted to assist and search | No violation found; denial appropriate and searches adequate; requester’s disbelief insufficient absent clear and convincing evidence that records exist |
| Proper remedy and disposition | Kanter seeks compelled production of all original-request records | City seeks dismissal/costs | Recommended denial of production claim; assess court costs to requester |
Key Cases Cited
- State ex rel. Dann v. Taft, 109 Ohio St.3d 364 (describing Public Records Act policy favoring open government)
- State ex rel. Glasgow v. Jones, 119 Ohio St.3d 391 (narrow embedded language in an otherwise broad request can be enforceable)
- State ex rel. Zidonis v. Columbus State Cmty. Coll., 133 Ohio St.3d 122 (requester must identify records with reasonable clarity)
- State ex rel. Dillery v. Icsman, 92 Ohio St.3d 312 (broad requests for any reference to a person are insufficient)
- State ex rel. Gooden v. Kagel, 138 Ohio St.3d 343 (public office has no duty to produce records it does not possess)
- State ex rel. Morgan v. Strickland, 121 Ohio St.3d 600 (public office’s voluntary efforts to provide records while denying an overbroad request are considered favorably)