March 8, 2011, jgarvas says “The good news is if we know we've sent a letter to an agency and they have an incident we do a public records request to prove they received the letter and any discussion that took place internally...”
What wishful thinking.
An unsolicited letter is not a “record” under Ohio’s Public Records Law. In other words, OFCC's “To Whom It May Concern”letter (
http://www.ohioccw.org/files/oc-letter_merged.pdf) is nothing more than a solicitation. Not worth the paper it's written on.
An item received by a public office is not a record simply because the public office could use the item to carry out its duties and responsibilities.
See, State ex rel. Beacon Journal Publ’g Co. v. Whitmore, 83 Ohio St.3d 61, 1998-Ohio-180 (judge read unsolicited letters but did not rely on them in sentencing defendant, therefore, letters did not serve to document any activity of the public office).
The Ohio Supreme Court expressly rejected the notion that an item is a “record” simply because the public office could use the item to carry out its duties and responsibilities.
See, State ex rel. Beacon Journal Publ’g Co. v. Whitmore, 83 Ohio St.3d 61, 1998-Ohio-180.
The public office must actually use the Item; otherwise it is not a record.
See, 2007 Ohio Op. Att’y Gen. No. 034 (an item of physical evidence in the possession of the Prosecuting Attorney that was not introduced as evidence was found not to be a “record”); State ex rel. WBNS-TV, Inc. v. Dues, 101 Ohio St.3d 406, 2004-Ohio-1497, ¶27 (judge used redacted information to decide whether to approve settlement); State ex rel. Beacon Journal Publ’g Co. v. Whitmore, 83 Ohio St.3d 61, 1998-Ohio-180 (judge read unsolicited letters but did not rely on them in sentencing a criminal defendant, therefore, letters did not serve to document any activity of the public office and were not “records”); State ex rel. Sensel v. Leone, 85 Ohio St.3d 152, 1999-Ohio-446 (letters alleging inappropriate behavior of coach not “records” and can be discarded) (citing to Whitmore, supra); State ex rel. Carr v. Caltrider, Franklin C.P. No. 00CVH07-6001 (May 16, 2001); State ex rel. Wilson-Simmons v. Lake County Sheriff’s Dept., 82 Ohio St.3d 37 (1998) (allegedly racist e-mail messages circulated between public employees were not “records”).
A lie told often enough becomes the truth — Lenin.
If you repeat a lie often enough, it becomes the truth — Goebbels