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What to do if your Public Records Request is not answeredSubmitted by Jeff Buster on Mon, 07/06/2009 - 13:32.
In Ohio the State Law which governerns PUBLIC RECORD REQUESTS is Section 149.43 of the Ohio Revised Codes. On May 20, 2009 I emailed the following request to the City of Cleveland. Public Records Request
May 20, 2009 By email
Mr. Robert J. Triozzi, Esq., Director
And
Kim L. Roberson, Public Records Administrator
City of Cleveland Law Department
601 Lakeside Ave., Room 106
Cleveland , Ohio 44114 This public records request concerns the Tremont West Development Corporation (TWDC), which is one of Cleveland ’s CDC’s and which is a taxpayer funded governmental sub-division of the City of Cleveland .
I request the list(s) of voting members (with their addresses) of the TWDC during the years 2006 to the present.
I have personally requested this membership list from the TWDC Board at a recent public hearing of the Board and the Board refused to provide the list claiming that the TWDC is a “private” non-profit and that the membership list record is not a public record. The TWDC does, however, selectively provide their membership list with member’s contact information to certain persons and entities without their member’s authorization, effectively waiving any claim of “privacy”.
As a practical matter, one reason the TWDC voting members list is an important public document is because if you wish to run for the Board, the list is necessary in order to be able to contact the voting members and solicit their vote in the manner a candidate chooses. The list is also important because only if it is public can its accuracy be vetted.
Just as anyone can go to the Cleveland Board of Elections on Euclid and get a CD of the registered voters (with their addresses) in each of Cleveland’s voting precincts, so should citizens be able to go to their CDC’s (or go to the City of Cleveland as I am now doing) and get a list of the CDC’s voting members.
I believe the Ohio Public Records Law ORC 149.43 et seq and pertinent Ohio public records case law supports this request. Should the Law Department claim that the membership list of the TWDC is exempt as a public record, then I would appreciate your responding as stated in The City of Cleveland Public Records Policy quoted below:
“All exemptions are to be construed in favor of disclosure as required by law and any denial of public records in response to a valid request must be accompanied by an explanation, including legal authority, as outlined in the ORC. If the request is in writing, the explanation must also be in writing.”
Please respond by email.
Sincerely,
Jeff Buster
Cc
Chris Garland, Executive Director TWDC
Councilman Joe Cimperman
On June 2, 2009 I received the following email from Ms. Roberson:
Public Records Request Response
Tuesday, June 2, 2009 11:27 AM
Cc:
"ward13 [at] clevelandcitycouncil [dot] org" <ward13 [at] clevelandcitycouncil [dot] org>, "Roberson, Kimberly" <KRoberson [at] city [dot] cleveland [dot] oh [dot] us>, "Orta, Maria" <MOrta [at] city [dot] cleveland [dot] oh [dot] us>
Mr. Jeff Buster This email is in response to your public records request for a copy of records regarding Tremont West Development Corporation (TWDC) providing the list of voting members with their addresses during the years 2006 to present.
In response, the City of Cleveland does not maintain nor have this record in our possession. Please contact the Tremont West Development Corporation (TWDC) directly for their list of voting members.
Sincerely,
Kim L. Roberson
Public Records Administrator
City of Cleveland
Department of Law
601 Lakeside Avenue, Room 106
Cleveland, Ohio 44114-1077
Tel: (216) 664-2772
Fax: (216) 420-8560
KRoberson [at] city [dot] cleveland [dot] oh [dot] us
________________________________________
On June 15, 2009 I wrote back to Ms. Roberson as follows: Kim L. Roberson June 15, 2009
Public Records Administrator
City of Cleveland
Department of Law
As I explained in my earlier public records request, I have already requested the membership list documents from TWDC. However the TWDC Board maintains that the records are “private” and they refuse to provide the records. Rather than institute legal action against the TWDC in an attempt to obtain the public records, I believe that because CDC’s are a governmental subdivision of the City of Cleveland, that I may request the records directly from the City and the City has the obligation to assemble the records for review and copying.
However, in response to my earlier public records request re: TWDC, you stated
“the City of Cleveland does not maintain nor have this record in our possession”
I now request (as a public records request) that the City of Cleveland provide all emails, phone logs, documents, and any other communications/records which were generated by any one representing or employed by TWDC, the City of Cleveland (including any City Counselor(s) or other City of Cleveland employees, and the Law Department) or which mention Jeff Buster, or mention/concern TWDC or other CDC membership lists or records between the time of my earlier request and now.
In particular I am requesting any documents or correspondence which might shed light on how the City of Cleveland determines if a record is “maintained” by the City or is in the “possession” of the City.
I am also requesting any documents which discuss any understanding between the City and TWDC as to how my earlier public records request for TWDC membership lists/records be responded to or “handled”.
I am requesting any historic document which defines who/what entity has to “maintain” a document for it to be considered “in the possession” of the City? Is there any document which defines/ or helped you determine, whether or not a document is “in the possession of the City vs not in the possession of the City?
What determines if a document is “in the possession” of the City of Cleveland?
For example, does the document have to be housed in a certain building or kept by a certain department or division or agency, to cause the document to be then determined to be in the City of Cleveland’s possession?
Or, is a document considered to be in the City of Cleveland’s possession if the City can request the physical document from a City of Cleveland governmental sub-division such as a CDC?
Or on each record request – such as mine – is “possession” determined ad hoc?
If the City claims privileged as to any document, email, etc, covered by this request, please provide the name of the sender, name of recipient, date, type of communication (email, letter) and the general substance of the communication.
Thank you,
Jeff Buster
____________________________________________________________________________
As of July 6, 2009 I have not had any further response from the City (I just sent an email reminder to Ms. Roberson) , so I am investigating what the next step is as specified by the Ohio Public Records statute. ______________________________________________ It appears from Section (C) 1 paragraph 2 of the statute that a written copy of your public records must be hand delivered or sent via certified mail in order to establish a delivery date certain for the purposes of eventually obtaining a mandamus (a court order) with the potential of recovering statutory damages ($100 per day with a limit of $1,000). I will wait a few more days and then drop off a printed/signed copy of the June 15th request at Cleveland City Hall. If anyone has had experience bringing a public records request to court in Ohio, please extend your advice and suggestions.
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I'm on month seven...
I made request for TWDC documents last December. My request was for seven years going back. I was informed they had 2007-08 (one fiscal year july-june) prepared for review. I scheduled a review and went down to city hall. Half of the documents were illegible, apparently "the printer must have run out of ink". I reviewed them all and asked for those documents in a readable form as well as several email attachments not included, referenced documents that were not included, copies of select documents and the next fiscal year.
I was told it should take a few weeks. I never heard back. I've called Ms. Roberson numerous times and my calls have not been returned.
Seems like TWDC thinks their business is no one's business.... hell, I could use a thousand bucks...
You could go about
You could go about redefining, the relationship, Jeff has already. When you say that the CDC is s sub-division of government you are out on a limb. If everything that received government funding was a sub-division then its all just matter of degrees of separation.
The CDC’s are not fully funded, they operate an independent budget. They apply for grants, or are they now getting regular amounts? If so then they need to address that, it was never there charter to do be a branch of government.
The responsiveness of the CDC to the community is proportionate to the public funding they receive. Not fully funded…not fully accountable?
The CDC model is not perfect, but really should be operating on federal grants that are allocated by the city. Per project and that empowering them to operate on enough of a margin. But they were tainted, they began to placate and patronize, they pursue money in conflicting areas. In an extreme analogy you could say they fund the Neo Nazi and then also fund the Orthodox Jew. The typical whore I think, has no morals and does not care who the John is, hey its all green. Then they blanket it all with, the quintessentially PC motto can’t we all just get along.
She is only the friend of the homeless when there is funds for them, she is always friends with anyone with money to spend.
Do you really expect her to give up the contact list? Is the crack whore on welfare a government sub-division.
Class action
Add my name to the list of folks denied information on the Denison NRP housing trust application. What's the next step?
so you're taking on TWDC?
good luck with that . . .
Public Records Request
As a person that went with Debra to City hall well over four months ago, we went through over 800 pages of documents and report between the City of Cleveland and Tremont West. I will choose not to comment on a document or report because we do not have them. We did take some notes that were salary related.
What is of importance
A) The City of Cleveland gave us documentation to review that was illegable.
B) The City Law Department was going to gather the next budgetary year for us to review within a two week period and call Debra to setup a appointment. At the same time they were doing to give us the 700+ pages of documents we requested copies of as a public record.
C) The City will not return Debra's phone calls.
D) This is plainly a City of Cleveland issue relating to the documents not TWDC.
E) TWDC signs contracts for projects with the City of Cleveland. These are all public record.
Most of the reports read were standard reporting. I am fresh out of any funding to lay out to help Debra file a suit against the City of Cleveland. Jeff do you know any attorney's that will file suit against the City of Cleveland, and if they will help her Pro Bono?
The City of Cleveland is unresponsive relating tho this request.
TWDC is changing, and we all have a hand in making it happen, I am not going smack them around on this, but the City of Cleveland must follow the law on the public records. I am sure when they seen me down their the shreadders went into overtime.
I am also going to request the new councilman for Ward 14 request all these documents, everyone of them that has been knocking on my door for support stated they want to look into the funding TWDC gets and use me as a information source on the performance of TWDC in the Ward 14 community.
One more reason to say vote for anyone but Joe Santiago.
Henry P. Senyak
yo yo
ANyone but Joe!
you talkin' ta me?
or Jeff?
I'm not "taking on" anyone - just requesting information that should be open to the public.
were we filing some kind of law suit, that might be "taking on", but I wouldn't phrase a FOIA request as such.
What about you, Jeff? you lookin' for the trouble???
BJ et al, failure to provide = public records aggression
PUBLIC RECORDS IN ELECTRONIC AGE
When I was betrayed by an employee of my former company, Realinks, and leaders of a local not-for-profit that attempted to destroy REALNEO, I learned of the depths of the deception leading to the betrayal when the employee turned in his PDA and his "appointments" were recorded in text messages he had not deleted, showing he was actually working all along with unREAL people here in NEO (still here) who ultimately betrayed our community, and do so every day. So while the employee appeared to be doing normal business for REALNEO, he was using new technologies to do the REALNEO community harm.
Ultimiately, he didn't know what he was doing in attacking REALNEO, or in using Information Technology, as he got caught and implicated his firends.
Cleveland Cty Council has paid $100,000s for an email system that deletes its email messages.... I wonder about their PDAs? Request their text messages, emails, web postings, social network comments... public records are now everywhere but file cabinets... a public official may now keep their schedule in Outlook or Google Aps... the Cleveland Clerk of Courts keeps everything in his head... no getting public records out of there... smart piublic official?!?!
As technology evolves, crooks get better at stealing from the public and hiding their trails using new technology, just as drug dealers constantly upddate their uses of technology. Those who don't understand information technology well may get caught with their data exposed, like my former employee who got caught in his own WWWeb of lies.
Disrupt IT
I wonder if you had very
I wonder if you had very talented people with a fixed income, would they a do better job?
Not if you think the 300K townhouse can be next to public housing.
People that are fully subsidized are a good representation of levels of breakdown in society. The homeless shelter is not the same as affordable and open to everyone. It actually seeks out the most dysfunctional. The schizophrenic and drug addicts, the most disruptive.
The worst get the most and then ideally all integrated into society? UGH
Stratifications across larger areas, then all connected to one budgeting model, then the higher market that produces more profit funds the lower end that produce less…the lowest should breakeven and nothing but those that are truly dysfunctional funded in excess of actual costs.
The CDC today is attempting to do that in a limited area, that’s insane. It is unstable in every way.
That’s why they have to discount it with abatements and discounted interest rates, other wise and even then it is hard to sell.
It is interesting because mixed income is best and so in a diverse economy, but not attainable in too small of an area. The CDC are to small in area, they cannot be or attain diversity they generate conflict. Case in point? We are all product of our environment.
Stratification and defined margins within, in layers that transition that over lap but are not directly in conflict. That is about people that manage the activity and direction with less conflict. The trouble with getting real investment is related to the troubles with real value and attempts to redefine the predominant.
We are not a classless society, we are a multi class society. Integration is imperative, but must be done in stratification and layers. The CDC are attempting to do that in a confined area and that is inherently conflicting and all this is a product of that.
all this is NOT a product of that
Oengus - its called inclusionary zoning and its kind of a humanitarian thing to do (HUMAN being the operative core of that word).
I know that, I do not agree
I know that, I do not agree with the method they use, it is not intelligent design it is design after the fact based on getting access to the funding. It is inherently faulted and because it is being touted as being of a higher level of compassion and wisdom.
If something is entirely inclusive then it is open to everyone, but if it has restrictive criteria it is not.
I have been around longer than Maxine Goodman College.
Income is the only valid restrictor, these people are guilty of artificially inflating and simultaneously deflating. They inflate values to make money, then discount to subsidizes to make money. The rotation is very high on both ends, the low income housing rotates very fast and the high income wants to, but they are in scenarios that are much like that of buying car, it depreciated the day they bought it.
Jealous and resentful is not the same as envious and challenged, what is the motivation? One says how come they get all that an I do not, the other sees it and works to attain it.
They work within a polarized model, nothing about it will ever be sustainable. That keeps them working as it keeps the funding flowing.
Study the impact of subsidization, it is so faulted. The market has to be self sustaining, it should hover above the break even and not highly profitable at the cost of integrity to fund what is totally temporary and economically restraining.
The market does NOT have to be self sustaining
I guess we just FUNDAmentally disagree.
I look to the vast discrepancy in income in this country and I KNOW capitalism does not work.
TIMES, THEY ARE A CHANGING
I'm not sure if it's a snow job or if somebody is getting the message, but I will say that of late, there has been a tidbit of improvement. There is a lot to be done and it's going to take a lot of work and, whether it be request for public documents, fair and equal treatment for the long-time residents, no double standards between code enforcement of prima dona business owners and low income home owners or making sure that federal monies are fairly expended throughout the neighborhood, it has been and will continue to be a collaborated effort as well as residents taking a stand.
Jeff, I think it's great that you are undertaking to see how far you can get with this request. I can personally tell you, it can be a long and frustrating battle.
Shoot, as co-chair of the Central Tremont Block Club, I made a request for copies of receipts for grant monies spent and was promised those receipts by the treasurer of TWDC that I would have those receipts in two weeks, but that was a ruse because a couple of days later, they gathered a clan and sent over the ex-co-chair to oust me as co-chair. I must say, I was sternly warned that if I wanted to stay in the game with TWDC, I had better never question their finances. Well, I didn't like that game anyway.
My own TWDC experience
I was run off the TWDC board, when I also asked about finances in the nineties...nothing changes, it's one of the worse CDCs. Frankly, they're all fairly useless for the money shelled out. A few decent folks work at some of the CDCs--recent grads mostly, who quickly learn that BS is what it's all about and the smart ones get the hell away from non-profit work as soon as they can...
spoon fed garbage
you're right, laura, and the "recent grads" go there because they are spoon fed garbage in grad school about the bESt and the briGHtest of the CDCs - and everyone of the best and brightest are the most corrupt.
they're also taught the CDCs still hold relation to the original, grass-roots, people oriented CDCs. What a crock, nothing could be further from the truth. At least here in Cleveland, most CDCs are foundation/corporate ($$$) driven developer whores that could give a rat's ass about the welfare of their neighborhood's residents - unless the resident is perceived as a shaker mover or a tool.
I'd rather be dirt poor, than a tool.
they need to at least shed their pathetic do-gooder mask and just have the balls to be what they are - greedy bastards.
wow - all that for saying good luck
>>Class action
Add my name to the list of folks denied information on the Denison NRP housing trust application. What's the next step?<<
lmcshane posted the above to which i responded - so you're going to take on TWDC - good luck.
my error i guess in that lmcshane references Denison NRP and i interjected TWDC. my error as TWDC was referenced prior in the thread.
then volumes were written in response - by other posters - referencing the response to lmcshane.
i thought it sounded like a fairly big task and was simply wishing lmcshane - and i guess anyone by association (implied) good luck in that endeavor.
again - responding to lmcshane's post:
>> I was run off the TWDC board, when I also asked about finances in the nineties...nothing changes, it's one of the worse CDCs. Frankly, they're all fairly useless for the money shelled out. A few decent folks work at some of the CDCs--recent grads mostly, who quickly learn that BS is what it's all about and the smart ones get the hell away from non-profit work as soon as they can...<<
sorry to hear of that experience, I can understand, based upon that, why you feel compelled to "add you name to the list" if a "class action" is filed.
your words -
mine are to wish luck in that endeavor. a generic sending of positive energy.
Positive Public Record energy
Hello BJ,
We can get pretty worked up here on Realneo, but don't take anything too seriously.
It's clear you are wishing the records effort good luck.
When I responded yesterday I just hoped to explain that when public records are not made available, the abusive kicking shoe is on the public foot, not on the citizen's.
Your positive energy is appreciated.
best,
jeffb
oh gosh -
my vitriole is directed at CDCs, not you, bj! did I say something mean???
Web amplification
The web and social aspects of the web tend to amplify the emotional content of everything said...this is rational discourse, not hysteria or conspiracy theory...all good information to get out there...and legitimate questions to ask.
Perhaps, my condemnation of CDCs, specifically TWDC, is harsh to some, but from experience I have not seen measureables quantified or achieved. TWDC works for developers, when it should be working for residents. In fairness, TWDC does do a better job of community organizing and coordinating communication with block clubs, so I can't condemn them for that effort, becuase it is one of the original social missions of CDCs. In my current neighborhood, the CDC puts out a newspaper (which I suppose can be argued, fulfills the informed public mission) and it has a lot of internal meetings--no block club coordination or community organizing. The one recent community organizer on the staff at OBDC (mercifully let go), spent her time ridiculing residents. Recently, OBDC acquired HUD properties. When I was at TWDC, property management was a larger part of the CDC mission in collaboration with Cleveland Housing Network--lease to own programs etc. To my knowledge, this type of outreach and community assistance does not exist at any of the current 50+ CDCs...if so, please prove me wrong.
Our local media does not touch these quasi-governmental institutions and there is no oversight. The confusion over whether they represent the City of Cleveland 's Dept of Community Development and/or residents is intentional and when answers are forthcoming this blurry identity/mission is used to full advantage.
At the very least, if my rants seem irrational to some...please prove me wrong. Recently, OBDC has improved somewhat in at least marketing the neighborhood. I applaud this improvement in their service to the community, but they have a long way to go to prove that they are worth our investment of tax dollars...especially, as the many of these CDC staff folks live in outlying suburbs...and see their hefty salaries as "charity work."
thank you for the thoughtful response
do not find your posts or postings lmcshane as anything but informative. not getting any sense of "conspiracy theory" from the content you publish.
so far as:
>> . . . these CDC staff folks live in outlying suburbs . . and see their hefty salaries as "charity work."<<
i do not think most live in outlying suburbs BUT yes i have witnessed that depending on audience, CDC staff and boards are quite capable of condescending to those they'd rather not address.
but that is simply a Human Issue - not a CDC issue. a handy way to marginalize someone is to marginalize their voice and concerns, condescention/talking down to is a traditionally class-based way to achieve that.
yes the web does not allow for voice inflection, facial expression, "gestures" - but i assure that what i write is simply my personal observations, no judgment intended or implied to anyone OR any organization.
and yes i am attempting to figure out the social context of this site, but am likely to just watch, as there seems to be much subtext of which i am unaware, based on some of the responses that seem to far outstretch anything that i see in the plain text i have read at RealNeo.
thanks though interesting/insightful stuff. truly.
Public Records Request update
nice, thorough and extensive
thank you, Jeff.
i have to take my time and go through this when I am not playing ABSeas or folding anOther load of laundry!
good info
Jeff, thanks for sharing this.
Debbie
How did Tremont West
How did Tremont West development corp. become an organization controlled by the City of Cleveland?
If that is the case, then our councilman would be the Captain of the ship so to speak? So basically, we have a community organization that has been infiltrated by powers out of our control who are pulling the strings and (not in our favor) we are at their mercy. This means we are a community under seige of the leadership of TWDC - there's something wrong with that picture. This is a free country, how did we end up a community under the dictatorship of our own organization that was created to help aid the less fortunate? They want your old beat up old house - and you don't give it up, they gonna send over the gestapo to take it. What it boils down to - no more no less.