Jeff Glasgow: Josh and Shannon....ALL your info is needed!
From John Curry, August 30, 2007
Subject: Josh and Shannon....ALL your info is needed!
Our fellow retiree friend and anti-divestiture proponent, Jeff Glasgow, has related this to me and I wish to share this with all of you. Jeff wants to know the truth, the whole truth, and nothing but the truth from two of Ohio's legislators who co-sponsored HB 151, Representatives Josh Mandel and Shannon Jones.
John
IN THE SUPREME COURT OF OHIO
STATE OF OHIO EX REL.
JEFFREY L. GLASGOW, . Original Action in Mandamus
Case No. 07-1411
vs.
Relator, 0'7-1411
REPRESENTATIVE JOSH MANDEL
77 S. High St., 12" Floor
Columbus, Ohio 432 1 5-61 1 1
REPRESENTATIVE SHANNON JONES
77 S. High St., I 1`h Floor
Columbus, Ohio 43215-6111
Respondents,
COMPLAINT FOR WRIT OF MANDAMUS
Aaron M. Glasgow (0075466) (COUNSEL OF RECORD)
145 E. Rich Street
Columbus, OH 43215
(614) 228-4546
Fax No. (614)228 -1472
Attorney for Relator
COUNSEL FOR RELATOR JEFFREY L. GLASGOW
The Honorable Marc Dann (0039425)
Attorney General of the State of Ohio
30 E. Broad St.
Columbus, Ohio 43215
COUNSEL FOR RESPONDENTS
Relator, Jeffrey L. Glasgow ("Relator"), for his Verified Complaint against Respondents, Ohio Representatives Josh Mandel and Shannon Jones, ("Respondents"), avers as follows:
1. This is an action for a writ of mandamus under the Ohio Public Records Act, Ohio
Revised Code Section 149.43, to compel Respondents to immediately provide access to the following public records as defined in Ohio Revised Code Section 149.43(A)(1):
A. All e-mails sent or received by Representatives Mandel and Jones in their capacities as State Representatives from the date of their service as such Representative, specifically including, but not limited to, any e-mails having as their subject matter Substitute House Bill 151 of the 127u' General Assembly or discussions that led to the introduction of Substitute House Bill 151 or any predecessor bill. This request includes any and all deleted e-mails and any emails stored on their office computers or on any other computer. This request also includes, but is not limited to, any and all e-mails on private e-mail systems.
B. All text messages sent or received by Representatives Mandel and Jones in their capacities as State Representative from the date of their service as such Representative, specifically including, but not limited to, any text messages having as their subject matter Substitute House Bill 151 of the 127th General Assembly or discussions that led to the introduction of Substitute House Bill 151 or any predecessor bill and any text messages sent or received by them during committee hearings on such Bill. This request includes any messages sent or
received at any time on either state owned or private cellular communication devices.
C. Representatives Mandel and Jones in their capacities as State Representative from the date of their service as such Representatives including, but not limited to, correspondence having as its subject matter House Bill 151 or discussions that led to or have any connection whatsoever with the introduction of Substitute House Bill 151 of the 127th General Assembly.
2. Jurisdiction is proper in the Court pursuant to Article IV, Section 2 of the Ohio Constitution and Rule X of the Rules of Practice of the Ohio Supreme Court.
3. Respondents, currently serving Representatives of the Ohio House of Representatives are "public officials" serving in a "public office" as that term is defined under R.C. 149.011(A) and (D), and have custody of the records which are the subject of this action.
COUNT I
4. On June, 2007, Relator submitted to Representative Mandel a public records request seeking the public records as set forth in Paragraph 1 of this Complaint. A true and accurate copy of the request from Relator to Representative Mandel is attached hereto as Exhibit A.
5. On June 7, 2007, Relator submitted to Representative Jones a public records request seeking the public records as set forth in Paragraph 1 of this Complaint. A true and accurate copy of the request from Relator to Representative Jones is attached hereto as Exhibit B.
6. Under R.C. 149.431(A) (1), "public record" means records kept by a "public office."
7. R.C. 149.011(G) defines "records" to include "any document, device, or item ... created or received by or coming under the jurisdiction of any public office ... which serves to document the organization, functions, policies, decisions, procedure, operations, or other activities of the office."
8. The subject e-mails, text messages and documents are public records for which no exception exists under the Public Records Act.
9. Upon submission of Relator's public records request, Respondents had a clear legal duty to produce the requested public records.
10. On June 18 2007, Respondents provided a limited number of documents as a purported response to the public records request. Such response was incomplete in that the only documents produced were a limited number of e-mails received by Respondents on their official e-mail addresses provided by the State and certain regular mail correspondence. Other public records requested (all sent e-mails, in both Respondents' state and personal e-mail accounts, sent or received text messages, written correspondence) were not provided
11. Relator is specifically aware of public records in the form of e-mails regarding public matters sent to and from Respondent Mandel's alternative non-governmental email account that were requested and not provided.
12. Respondents violated the Ohio Public Records Act by failing to produce the requested records, and Relator is therefore entitled to a writ of mandamus requiring Respondents to produce the requested public records.
WHEREFORE, Relator prays for the following:
A. Peremptory and permanent writs of mandamus compelling Respondents to produce the requested records immediately;
B. Costs and expenses, including statutory attorney fees incurred herein; and
STATE OF OHIO EX REL.
JEFFREY L. GLASGOW, . Original Action in Mandamus
Case No. 07-1411
vs.
Relator, 0'7-1411
REPRESENTATIVE JOSH MANDEL
77 S. High St., 12" Floor
Columbus, Ohio 432 1 5-61 1 1
REPRESENTATIVE SHANNON JONES
77 S. High St., I 1`h Floor
Columbus, Ohio 43215-6111
Respondents,
COMPLAINT FOR WRIT OF MANDAMUS
Aaron M. Glasgow (0075466) (COUNSEL OF RECORD)
145 E. Rich Street
Columbus, OH 43215
(614) 228-4546
Fax No. (614)228 -1472
Attorney for Relator
COUNSEL FOR RELATOR JEFFREY L. GLASGOW
The Honorable Marc Dann (0039425)
Attorney General of the State of Ohio
30 E. Broad St.
Columbus, Ohio 43215
COUNSEL FOR RESPONDENTS
Relator, Jeffrey L. Glasgow ("Relator"), for his Verified Complaint against Respondents, Ohio Representatives Josh Mandel and Shannon Jones, ("Respondents"), avers as follows:
1. This is an action for a writ of mandamus under the Ohio Public Records Act, Ohio
Revised Code Section 149.43, to compel Respondents to immediately provide access to the following public records as defined in Ohio Revised Code Section 149.43(A)(1):
A. All e-mails sent or received by Representatives Mandel and Jones in their capacities as State Representatives from the date of their service as such Representative, specifically including, but not limited to, any e-mails having as their subject matter Substitute House Bill 151 of the 127u' General Assembly or discussions that led to the introduction of Substitute House Bill 151 or any predecessor bill. This request includes any and all deleted e-mails and any emails stored on their office computers or on any other computer. This request also includes, but is not limited to, any and all e-mails on private e-mail systems.
B. All text messages sent or received by Representatives Mandel and Jones in their capacities as State Representative from the date of their service as such Representative, specifically including, but not limited to, any text messages having as their subject matter Substitute House Bill 151 of the 127th General Assembly or discussions that led to the introduction of Substitute House Bill 151 or any predecessor bill and any text messages sent or received by them during committee hearings on such Bill. This request includes any messages sent or
received at any time on either state owned or private cellular communication devices.
C. Representatives Mandel and Jones in their capacities as State Representative from the date of their service as such Representatives including, but not limited to, correspondence having as its subject matter House Bill 151 or discussions that led to or have any connection whatsoever with the introduction of Substitute House Bill 151 of the 127th General Assembly.
2. Jurisdiction is proper in the Court pursuant to Article IV, Section 2 of the Ohio Constitution and Rule X of the Rules of Practice of the Ohio Supreme Court.
3. Respondents, currently serving Representatives of the Ohio House of Representatives are "public officials" serving in a "public office" as that term is defined under R.C. 149.011(A) and (D), and have custody of the records which are the subject of this action.
COUNT I
4. On June, 2007, Relator submitted to Representative Mandel a public records request seeking the public records as set forth in Paragraph 1 of this Complaint. A true and accurate copy of the request from Relator to Representative Mandel is attached hereto as Exhibit A.
5. On June 7, 2007, Relator submitted to Representative Jones a public records request seeking the public records as set forth in Paragraph 1 of this Complaint. A true and accurate copy of the request from Relator to Representative Jones is attached hereto as Exhibit B.
6. Under R.C. 149.431(A) (1), "public record" means records kept by a "public office."
7. R.C. 149.011(G) defines "records" to include "any document, device, or item ... created or received by or coming under the jurisdiction of any public office ... which serves to document the organization, functions, policies, decisions, procedure, operations, or other activities of the office."
8. The subject e-mails, text messages and documents are public records for which no exception exists under the Public Records Act.
9. Upon submission of Relator's public records request, Respondents had a clear legal duty to produce the requested public records.
10. On June 18 2007, Respondents provided a limited number of documents as a purported response to the public records request. Such response was incomplete in that the only documents produced were a limited number of e-mails received by Respondents on their official e-mail addresses provided by the State and certain regular mail correspondence. Other public records requested (all sent e-mails, in both Respondents' state and personal e-mail accounts, sent or received text messages, written correspondence) were not provided
11. Relator is specifically aware of public records in the form of e-mails regarding public matters sent to and from Respondent Mandel's alternative non-governmental email account that were requested and not provided.
12. Respondents violated the Ohio Public Records Act by failing to produce the requested records, and Relator is therefore entitled to a writ of mandamus requiring Respondents to produce the requested public records.
WHEREFORE, Relator prays for the following:
A. Peremptory and permanent writs of mandamus compelling Respondents to produce the requested records immediately;
B. Costs and expenses, including statutory attorney fees incurred herein; and
C. Such other and further relief as this Court deems appropriate.
Respect
Aaron M. Glasgow (0075466)
145 E. Rich Street
Columbus, OH 43215
aglasgow@plankbrahm.com
(614) 228-4546
Fax No. (614)228 -1472
Attorney for Relator
VERIFICATION
I, Jeffrey L. Glasgow, the Relator herein, declare that I have read the Verified Complaint, have personal knowledge of the contents therein, and that the same are true and correct to the best of my knowledge.
STATE OF OHIO
COUNTY OF FRANKLIN SS
Swom to and subscribed before me this 1st day of August, 2007
AARON M. GLASGOW Notary Public
Attorney at Law
Notary Public State of Ohio
idy Commission Has No Explratlon
Sectlon 147.03 R.C.
Praecipe: To the Clerk:
Please make service by certified mail of the Complaint for Writ of Mandamus and on the Respondents and their Counsel at the addresses jigi^d in the Caption of this Complaint
EXHIBIT A
Jeffrey L. Glasgow Attorney at Law
145 East Rich St., 3d Floor Columhus, Ohio 43215-5240
Tel. (614)325-3493
jglasgow@columbus.rr.com
June 1, 2007
Rep. Josh Mandel
77 S. High St
12th Floor
Columbus, OH
43215-6111
Re: Ohio Revised Code Section 149.43 public records request
Dear Representative Mandel:
This letter constitutes a request, pursuant to the provisions of Ohio Revised Code Section 149.43 for the following public records:
1. All e-mails sent or received by you in your capacity as a State Representative from the date of your service as such Representative, specifically including, but not limited to, any e-mails having as their subject matter Substitute House Bill 151 of the 127s' General Assembly or discussions that led to the introduction of Substitute House Bill 151 or any predecessor bill. This request includes any and all deleted e-mails and any e-mails stored on your office computer or on any other computer.
2. All text messages sent or received by you in your capacity as a State Representative from the date of your service as such Representative, specifically including, but not limited to, any text messages having as their subject matter Substitute House Bill 151 of the 127a' General Assembly or discussions that led to the introduction of Substitute House Bill 151 or any predecessor bill and any text messages sent or received by you during committee hearings on such Bill.
3. All written correspondence sent or received by you in your capacity as a State Representative from the date qf your service as such Representative having as their subject matter House Bill 151 or discussions that led to the introduction of Substitute House Bill 151 of the 127th General Assembly.
If you withhold any of the public records requested, please identify the records that you are withholding and set forth the reasons for your withholding them.
Respect
Aaron M. Glasgow (0075466)
145 E. Rich Street
Columbus, OH 43215
aglasgow@plankbrahm.com
(614) 228-4546
Fax No. (614)228 -1472
Attorney for Relator
VERIFICATION
I, Jeffrey L. Glasgow, the Relator herein, declare that I have read the Verified Complaint, have personal knowledge of the contents therein, and that the same are true and correct to the best of my knowledge.
STATE OF OHIO
COUNTY OF FRANKLIN SS
Swom to and subscribed before me this 1st day of August, 2007
AARON M. GLASGOW Notary Public
Attorney at Law
Notary Public State of Ohio
idy Commission Has No Explratlon
Sectlon 147.03 R.C.
Praecipe: To the Clerk:
Please make service by certified mail of the Complaint for Writ of Mandamus and on the Respondents and their Counsel at the addresses jigi^d in the Caption of this Complaint
EXHIBIT A
Jeffrey L. Glasgow Attorney at Law
145 East Rich St., 3d Floor Columhus, Ohio 43215-5240
Tel. (614)325-3493
jglasgow@columbus.rr.com
June 1, 2007
Rep. Josh Mandel
77 S. High St
12th Floor
Columbus, OH
43215-6111
Re: Ohio Revised Code Section 149.43 public records request
Dear Representative Mandel:
This letter constitutes a request, pursuant to the provisions of Ohio Revised Code Section 149.43 for the following public records:
1. All e-mails sent or received by you in your capacity as a State Representative from the date of your service as such Representative, specifically including, but not limited to, any e-mails having as their subject matter Substitute House Bill 151 of the 127s' General Assembly or discussions that led to the introduction of Substitute House Bill 151 or any predecessor bill. This request includes any and all deleted e-mails and any e-mails stored on your office computer or on any other computer.
2. All text messages sent or received by you in your capacity as a State Representative from the date of your service as such Representative, specifically including, but not limited to, any text messages having as their subject matter Substitute House Bill 151 of the 127a' General Assembly or discussions that led to the introduction of Substitute House Bill 151 or any predecessor bill and any text messages sent or received by you during committee hearings on such Bill.
3. All written correspondence sent or received by you in your capacity as a State Representative from the date qf your service as such Representative having as their subject matter House Bill 151 or discussions that led to the introduction of Substitute House Bill 151 of the 127th General Assembly.
If you withhold any of the public records requested, please identify the records that you are withholding and set forth the reasons for your withholding them.
Please have these records available by Monday, June 11, 2007. Pursuant to Ohio Revised Code Section 149.43(B) (2), please duplicate these records on a CD. I will pick them up in person in your office on Monday morning unless advised otherwise.
Sincerely,
Jeffrey L. Glasgow
Sent by e-mail and regular mail
EXHIBIT B
Jeffrey L. Glasgow Attorney at Law
145 East Rich St., 3rd Floor Columbus, Ohio 43215-5240
Te1. (614)325-3493
jglasgow@columbus.rr.com
June 7, 2007
Rep. Shannon Jones
77 S. High St
11th Floor
Columbus, OH
43215-6111
Re: Ohio Revised Code Section 149.43 public records request
Dear Representative Jones:
This letter constitutes a request, pursuant to the provisions of Ohio Revised Code
Section 149.43 for the following public records:
4. All e-mails sent or received by you in your capacity as a State Representative from the date of your service as such Representative, specifically including, but not limited to, any e-mails having as their subject matter Substitute House Bill 151 of the 127th General Assembly or discussions that led to the introduction of Substitute House Bill 151 or any predecessor bill. This request includes any and all deleted e-mails and any e-mails stored on your office computer or on any other computer. This request also includes, but is not limited to, any and all e-mails on private e-mail systems.
5. All text messages sent or received by you in your capacity as a State Representative from the date of your service as such Representative, specifically including, but not limited to, any text messages having as their subject matter Substitute House Bill 151 of the 127th General Assembly or discussions that led to the introduction of Substitute House Bill 151 or any predecessor bill and any text messages sent or received by you during committee hearings on such Bill. This request includes any messages sent or received at any time on either state owned or private cellular communication devices.
6. All written correspondence sent or received by you in your capacity as a State Representative from the date of your service as such Representative including, but not limited to, correspondence having as its subject matter House Bill 151 or discussions that led to or have any connection whatsoever with the introduction of Substitute House Bill 151 of the 127th General Assembly.
If you withhold any of the records requested for any reason, please identify the records that you are withholding and set forth the reasons for your withholding them.
This request includes, but is not limited to, records that come into existence between the date of this request and the June 14, 2007.
Please have these records available by Thursday, June 14, 2007. Pursuant to Ohio Revised Code Section 149.43(B) (2), please duplicate these records on a CD. If it is more convenient to photocopy the public records requested in Paragraph 3 of this request, please do so. I will pick these pubic records up in person in your office on Thursday morning, June 14, 2007 unless advised otherwise.
Sincerely,
Jeffrey L. Glasgow
Sent by e-mail and regular mail
Sincerely,
Jeffrey L. Glasgow
Sent by e-mail and regular mail
EXHIBIT B
Jeffrey L. Glasgow Attorney at Law
145 East Rich St., 3rd Floor Columbus, Ohio 43215-5240
Te1. (614)325-3493
jglasgow@columbus.rr.com
June 7, 2007
Rep. Shannon Jones
77 S. High St
11th Floor
Columbus, OH
43215-6111
Re: Ohio Revised Code Section 149.43 public records request
Dear Representative Jones:
This letter constitutes a request, pursuant to the provisions of Ohio Revised Code
Section 149.43 for the following public records:
4. All e-mails sent or received by you in your capacity as a State Representative from the date of your service as such Representative, specifically including, but not limited to, any e-mails having as their subject matter Substitute House Bill 151 of the 127th General Assembly or discussions that led to the introduction of Substitute House Bill 151 or any predecessor bill. This request includes any and all deleted e-mails and any e-mails stored on your office computer or on any other computer. This request also includes, but is not limited to, any and all e-mails on private e-mail systems.
5. All text messages sent or received by you in your capacity as a State Representative from the date of your service as such Representative, specifically including, but not limited to, any text messages having as their subject matter Substitute House Bill 151 of the 127th General Assembly or discussions that led to the introduction of Substitute House Bill 151 or any predecessor bill and any text messages sent or received by you during committee hearings on such Bill. This request includes any messages sent or received at any time on either state owned or private cellular communication devices.
6. All written correspondence sent or received by you in your capacity as a State Representative from the date of your service as such Representative including, but not limited to, correspondence having as its subject matter House Bill 151 or discussions that led to or have any connection whatsoever with the introduction of Substitute House Bill 151 of the 127th General Assembly.
If you withhold any of the records requested for any reason, please identify the records that you are withholding and set forth the reasons for your withholding them.
This request includes, but is not limited to, records that come into existence between the date of this request and the June 14, 2007.
Please have these records available by Thursday, June 14, 2007. Pursuant to Ohio Revised Code Section 149.43(B) (2), please duplicate these records on a CD. If it is more convenient to photocopy the public records requested in Paragraph 3 of this request, please do so. I will pick these pubic records up in person in your office on Thursday morning, June 14, 2007 unless advised otherwise.
Sincerely,
Jeffrey L. Glasgow
Sent by e-mail and regular mail
posted by Kathie Bracy at 3:52 PM
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