FIRST DISTRICT COURT OF APPEALS HAMILTON COUNTY, OHIO STATE OF OHIO ex rel, ‘Case No. C 1800251 MARK MILLER Relator, FIRST AMENDED COMPLAINT v. FOR WRIT OF MANDAMUS AFTAB PUREVAL. HAMILTON COUNTY CLERK OF couRTS Respondent. Comes now the State of Ohio, >y and though MARK MILLER ("Relator"), and, jn support ‘fits claim for the issuance ofa writ of mandamus and an award of statutory damages, attorney fees and costs, alleges a follows |. This ican action for « wet of mandamus pursuant tothe Public Records Act, RO & 149.43, to compel Respondent to produce copies ofthe following public records which i in its ‘possession, custody, or contol (1) A copy of all separation agreements with former employees of the Olive ofthe Clerk of Courts, executed between November 8, 2016 and present; including all draft versions of such agreements; (2) A copy of all communications between you (either personally, or {through any other person affiliated with the Office ofthe Clerk of Coutts) and any other person regarding the agreements referred to in Request No. 1, including, without limitation, the dating, preparation of, legality of, or negotiations of any of the records responsive to request No. 1. Communications includes, without limitation, notes; memos. letters; emails, faxes; voicemails; text messages; recordings of telephone calls; tweets; facebook posts; and all other forms of ‘communication; whether transmitted via official sources (e.g. your official Clerk ‘of Courts’ email address) or personal sources (eg. your persoal eunatl ahs). [Excluded from this request are any communications between your office and the Hamilton County Prosecutor's office;()__ Withrespeet to Request No.2 if any record is withheld due to aclaim of attomey client privilege, and does not involve communications with the Hamilton County Prosecutor’ office, please produce a copy ofthe authorization {or such afomey or attorneys to represent the Hamilton County Clerk of Courts; and (4) To the extent not included within your response to Request No. 2, a ‘copy of any advisory opinion or request for an advisory opinion related to the ‘agreements referred to in Request No.1 2. ‘This Court possess subject mater jurisdiction over tis original action pursuant to Article IY, Section 3 ofthe Ohio Constitution. 3. Relator MARK MILLER is a taxpayer and resident of the State of Ohio, residing in Hamilton County, Ohio. 4. Respondent AFTAB PUREVAL ("Respondent") curently serves as the Hamilton ‘County Cletk of Cours and is a “pubic oficiat”serving ina “pubic oie” as those terms are ‘efined in RC 149.011(A) and (D), a has custody ofthe records which ae the subject ofthis action, Pullle Records Request 5. On March 16, 2018, by cetied mail directed to the Respondent, Relator’ atlorneys submited on his behalf a writen request to obtain copies of the public records delineated in Paragraph 1 above, ws well ay vller records (the “Request). A ue and accurate copy of the Requests atached hereto as Exhibi A. 4, Therecordsscught pursuant wo the Request were created or rcelved by or come under the {ursdicton of Respondeat. 7. The ees sought pursuant the Request serve ro document he oxanization, funetions, polices, decisions, procedures, operations or oter activites of Respondent. 8, The public rconds sought pursuant to the Resucst would eapune to de general public information regarding the management of the financial resources and efforts 10 keep secret 2‘payments made to former employees ofthe Hamilton County Clerk of Cours, and the contents and use of severance agreements and payments toward that end 9. According tothe retum-rceipt provided by the United States Postal Service, the Request ‘eter was received by Respondent on March 19, 2018. copy of the setuurieeip is atached buxeto as Exhibit B 10. To date, Respondent has not acknowledge the Requestor otherwise responded to the Request. 11. To date, Respondent has filed to produce any records responsive tothe Request 12 Thus, Respondent as filed to produce al public records responsive tothe Request. 13.n failing to produce all public records responsive to the Request, Respondent has sffectively denied, in significant par, the public records request of the Relator. AS such, Respondent has fe to comply with the legal duties imposed upon it bythe Public Records Act. 14. In whimately denying the public recomds requests ofthe Relator, Kespondent has filed 1 provide Relator with an explanation, including egal authority, sting forth why tho request was ‘denied. As such, and as an alternative to ther failure to produce al public records responsive to the Request, the Respondent has failed to comply with legal duty imposed upon it by the Public Revaus Aut 15. ven though the public records request of the Relator was tendered in writing and Respondent has ultimately denied the public records requests ofthe Relator, Respondent has filed to provide in writing the explanation, including legal authority seting forth why the request was denied, As such, andas an alternative tothe failure to produce al public records responsive tothe Request, the Respondent has fled to comply witha legal duty imposed upon them by the Public Records Act,16, Relator seeks the records to allow himself and the community at large to be fully informed ‘of how the Respondent is managing the financial resources of the Hamilton County Clerk of Courts, the Respondents efforts to keep secret payments made to former employees of the Hamilton County Clerk of Courts, and the contents and use of severance agreements and payments soward that end, ‘Writ of Mandamus is Appropriate 17. The records sought by Relator pursuant to the Request constitute “public records” as 4efined in Section 149.43(A) of the Ohio Revised Cou. 18, To date, Respondent ls failed to comply with the legal duties mposed upon it by the Public Records Act. 19, Respondent isthe public office or persons responsible forthe public records sought hy the Relator 20, Relator has a clear legal right to copies ofthe requested records and Respondent has a clear legal duty to promprly make the requested records available to Relator fur inspection and copying. 21, Relator has no adequate remedy in the orlinary course of law and the Public Records Act specifically provides forthe issuance of a writ of mandamus to compe! a public office orthe person responsile forthe requested public record to comply with the legal obligations imposed by the Public Records Act. 22. There is no legally valid excuse for the continued refusal of Respondent to provide the Public records requested by Relator nor to comply with the ether legal duties imposed upon Respondent by the Public Records Act23. The issuance ofa wrt of mandamus will seve the pubic ifrest and provide a public tenefit by forcing recalcitrant public offices and public oficial to comply withthe unambiguous. mandate of precedent 24. The issuance of a writ of mandamus will serve the public interest and provide a public ‘benefit by encouraging and promoting compliance in the future by public offices and public ‘officals with the tems of the Public Records Act, s wel as court decisions thereon, 25. The issuance ofa wit of mandamus wil serve the publi intrest and provide a public benefit by ensuring that Respondent operates openly so that such operations will be subject to ‘public smi 26. Specifically, the issuance ofa writ of mandamus will serve the publi interest and provide 4 public benefit by exposing to public review Responlett’s aves wih respect to severance Payments and agreements, and the Respondent's efforts to keep such payments and agreements secret WHEREFORE, Relator seoks a Peremplory Writ of Mandamus of, in the alteative, an Altemative Writ of Mandamus commanding Respondents to inmediatly provide to Relator copies ofthe requested recordin accordance with the Public Records Ac together with an award of statory damages attorneys fos and costs in accordance withthe Public Rewows ACL as well as al other relief to which Relator may be entitled ir law or in equity. Respectfilly su Christopher P. Finney (0038998) FINNEY LAW FIRM, LLC 4270 Ivy Pointe Blvd. Suite 225 Cincinnati, OH 45245brian @ finneylawiem com -chris@ finneylawfirmcom (513) 943-6656 1613) 943-6669 (fax) ‘Auorneys for Relator MARK MILLER (TIFICATE OF SERVICE. Loentify that a tre and accurate copy ofthe foregoing will be served, via electronic mail ‘on the 30° day of Apel, 2018, upon the following: James W. Harper ‘Chief Asssistant Prosecuting Atomey 220 E Ninth Street ‘Cincimati, Ohio 45202 James Harper@hepeos.org Counsel for Respondent ae ‘Brian C Shrive (O0889%)FINNFY LAW FIRM. Brin C Svive En Ele dvr brovapanyonirmcom 19 9185555 Diet al (813) 83.8609 Det Fat March 16, 2018 Via CERTIFIED MAL ‘Aftab Pureval Hamilton County Clerk of Cours 1000 Main Street Cincinnai, Ohio 45202 Tracking Number: 9314 8699 0430 0044 5150 52 Re: Public records request Dear Aftab: Pu.suait (ote Ohio Public Records Act and on behalf of a client, | am requesting copies ofthe following public records 1. A copy ofall separation agreements with former employees of the Office of the CCerk of Cours, executed between November 8, 2016 and present; including al draft vesions of such agreements; 2. A copy of all communications between you (either personally, or through any other person aliliated with the Office ofthe Clerk of Courts) and any other person regarding the agreements refered to in Request No. 1, including, without limitation, the drafting, preparation of, legality of, or negotiations of any of the records responsive 10 request No.’ 1. Communications includes, without limitation, notes; memos; letters; emails, faxes; voicemails; text messages; recordings of telephone calls; tweets; facebook posts; and all other forms of ‘communication; whether transmitted via official soures (eg. your official Clerk ‘of Cours” email address) or personal sources (eg your personal email address). [Excluded ffom this request ae any communications between your office and the Hamiltos County Prosecutor's office; 3. With respect to Request No. 2, if any records withheld due toa claim of attomey client privilege, and does not involve communications withthe Hamilton County Prosecutor's office, please produce a copy of the authorization for such attomey ‘or tfomeys to represent the Hamilton County Clerk of Courts; andAth Preval Hamitan County Clerk of Courts ‘Mareh 16,2018 age ef 4. To the extent not included within your response t» Request No.2, a copy of any advisory opinion or request for an advisory opinion related to the agreements refered to in Request No. 1 I request that responsive records be produced in a electronic medium to the extent possible. Additionally, please produce responses in a manner that allows me to determine which records relate to each specific request (€g. if you produce records in pdf format, please include the request number to which the documents correspond inthefile name (fr example the file name “Request-.pdf" could be used for records responsive to request number I above). Furthermore, ‘request thatthe files be emailed to me atthe following email address brian @inneylawfim,com: if'some of the records eannot be produced in an electonic meolium, I would request that Copies be provided. ! am willing to pay the reasonable costs of copying such records up to $30.00; if you anticipate the costs will exceed this amount, pease edvise me so that I might inspect the records, initially and identify the specific records for which I deste copies Ifyou have any questions or need clarification, please eel free to contact me. Very truly yours, ‘FINNEY LAW FIRM, LLC GS Brian ©. Shrive, Esq. BCSibetUNITED STATES POSTAL SERVICE. Date: March 30, 2018 bbrian shrive: ‘The following is in response to your March 30, 2018 request for delivery information on your Certified Meil™/RRE item number 9914868804300044515052. The delivery record ‘shows that this item was delivered on March 19, 2018 at 8:18 am in CINCINNATI, OH 45203. The scanned image of the recipient information is provided below. Signature of Recipient ‘ oe ae j | Tonsil Aeties. Addess of Recipient : al Gates Thank you for selecting the Postal Service for your mailing needs. Hf you require additional assistance, please contact your local Post Office or postal representative. Sincere, United States Postal Service