Kanter v. City of Cleveland Heights, 113018 OHCOC, 2018-01092PQ

Docket Nº:2018-01092PQ
Opinion Judge:Patrick M. McGrath Judge
Party Name:GARRY KANTER Requester v. CITY OF CLEVELAND HEIGHTS Respondent
Case Date:November 30, 2018
Court:Court of Claims of Ohio
 
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2018-Ohio-5016

GARRY KANTER Requester

v.

CITY OF CLEVELAND HEIGHTS Respondent

No. 2018-01092PQ

Court of Claims of Ohio

November 30, 2018

Sent to S.C. Reporter 12/14/18

ENTRY ADOPTING RECOMMENDATION OF SPECIAL MASTER

Patrick M. McGrath Judge

{¶1} On May 6, 2018, requester Garry Kanter sent a letter to respondent City of Cleveland Heights making the following request: Please provide in electronic form all communications, messages, schedules, logs, and documents shared, between the City of Cleveland Heights - including, but not limited to, Police Chief Jeff Robertson - and employees of The Cleveland Jewish News, between March 20, 2013 and April 12, 2013, regarding Garry Kanter.

(Complaint at 2.) On May 15, 2018, the City responded that the request was "denied on the basis that it is vague, overly broad, and/or ambiguous because it fails to identify with reasonable and sufficient clarity the particular records being sought." (Id. at 2-3.) The City invited Kanter to revise his request, and offered to "discuss the manner in which the City ordinarily maintains and accesses its records such that you may craft a successful, revised request." (Id. at 3.) Over the next five weeks, the parties exchanged proposed modifications of the request. The City provided some explanation as to how it did and did not maintain records, and conducted an electronic search for a narrowed description of responsive email. (Id. at 6-48.)

{¶2} On July 18, 2018, Kanter filed a complaint under R.C. 2743.75 alleging denial of access to public records in violation of R.C. 149.43(B). Following unsuccessful mediation, the City filed a motion to dismiss (Response) on the grounds that the request...

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