Public Records Complaint Filed Against Cincinnati City Councilmembers

FIRST DISTRICT COURT OF APPEALS
HAMILTON COUNTY, OHIO
STATE OF OHIO ex rel. : Case No.

MARK MILLER :
3630 Zumstein Avenue :
Cincinnati, Ohio 45208, :
: COMPLAINT FOR
Relator, : WRIT OF MANDAMUS
:
v. :
:
CINCINNATI CITY COUNCILMEMBER :
ALEXANDER PAUL GEORGE :
SITTENFELD :
801 Plum Street, Suite 354 :
Cincinnati, Ohio 45202 :
:
and :
:
WENDELL YOUNG :
:
and :
:
CHRISTOPHER SEELBACH :
:
and :
:
TAMAYA DENNARD :
:
and :
:
GREG LANDSMAN :
801 Plum Street, Suite 346B :
Respondents. :
Comes now the State of Ohio, by and through MARK MILLER (“Relator”), and, in support
of its claim for the issuance of a writ of mandamus and an award of statutory damages, attorney
fees and costs, alleges as follows:
1. This is an action for a writ of mandamus pursuant to the Public Records Act, R.C. §
149.43, to compel Respondents to produce copies of the following public records which are in
their possession, custody, or control:
(1) A copy of all communications between you and any other member of the Cincinnati City
Council pertaining to the official business of the City of Cincinnati between March 16,
2018 and March 19, 2018; specifically, but not limited to, text messages regarding or
relating to either of the Press Releases; and
(2) A copy of all communications between you and any other member of Cincinnati City
Council relating to or regarding John Cranley, or Harry Black.
2. This Court possess subject matter jurisdiction over this original action pursuant to
Article IV, Section 3 of the Ohio Constitution.
3. Relator MARK MILLER is a taxpayer and resident of the State of Ohio, residing in
Hamilton County, Ohio.
4. Respondents ALEXANDER PAUL GEORGE SITTENFELD, WENDELL, YOUNG,
CHRISTOPHER SEELBACH, TAMAYA DENNARD, and GREG LANDSMAN currently serve
as five of the nine members of the Cincinnati City Council and are “public officials” serving in a
“public office” as those terms are defined in R.C 149.011(A) and (D), and have custody of the
records which are the subject of this action.
Public Records Request
5. Per the agreement of the Respondents’ attorneys, on April 9, 2018, by certified mail
and email directed to the attorney for the Respondents, Relator’s attorneys submitted on his behalf
written requests to obtain copies of the public records delineated in Paragraph 1 above (the
“Request”). A true and accurate copy of the Request is attached hereto as Exhibit 1. A true and
2
accurate copy of the email message to which the Request was attached is attached hereto as Exhibit
2.
6. In an email exchange with Respondents attorney, Relator’s attorney clarified the date
range of Request No. 2 to be from March 1, 2018 to March 19, 2018.
7. The records sought pursuant to the Request were created or received by or come under
the jurisdiction of the Respondents.
8. The records sought pursuant to the Request serve to document the organization,
functions, policies, decisions, procedures, operations, or other activities of the Respondents.
9. The public records sought pursuant to the Request would expose to the general public
information regarding discussions between members of Cincinnati’s City Council regarding, inter
alia, proposals to fire, or otherwise terminate the City Manager, as well as other discussions of
public business.
10. According to the return-receipt provided by the United States Postal Service, the
Request letter was received by Respondents on April 12, 2018. A copy of the return-receipt is
attached hereto as Exhibit 3.
11. On April 18, 2018, Respondents’ counsel provided ten pages of text messages that were
part of a group text exchange between all five Respondents. A copy of the document production
is attached hereto as EXHIBIT 4.
12. Additionally, in response to a previous request, Respondents’ counsel provided thirty
five pages of emails; most of which were emails between all of the Respondents but some of which
were between only two or three of the Respondents. A copy of this production is attached hereto
as EXHIBIT 5.
3
13. Although EXHIBITS 4 and 5 are responsive to the request, the Respondents refuse to
provide additional responsive records.
14. On April 18, 2018, Relator’s counsel received an email from Terry Nestor, the Deputy
City Solicitor for the City of Cincinnati, indicating that the Respondents refused to provide
documents responsive to the Request, other than those between all five of the respondents. A copy
of this email is attached hereto as Exhibit 6.
15. As rationale for this refusal, Respondents’ counsel stated that “the Ohio Supreme Court
has not determined that text messages are subject to disclosure under the Ohio Public Records
Act,” and cited State ex rel. Glasgow v. Jones, 119 Ohio St. 3d 391 (2008).
16. However, that the Ohio Supreme Court has not definitively declared text messages to
be public records is not determinative of whether the requested records are subject to the public
records act. And in fact, in one passage of Glasgow, the Ohio Supreme Court indicates that text
messages are public records.
17. Further, the Request sought not only text messages, but also emails, and all other forms
of communication, while the response refers only to text messages.
18. Thus, Respondents have failed to produce all public records responsive to the Request.
19. In failing to produce all public records responsive to the Request, Respondents have
effectively denied, in significant part, the public records request of the Relator. As such,
Respondent has failed to comply with the legal duties imposed upon it by the Public Records Act.
20. In ultimately denying the public records requests of the Relator, although Respondents’
attorney included a purported rationale for refusing to produce the requested records, such
rationale is not valid. Further, such rationale only refers to one form of communication, ignoring
that Relator has requested copies of communications conducted via numerous mediums, not
4
merely text messages. As such, and as an alternative to their failure to produce all public records
responsive to the Request, the Respondents have failed to comply with a legal duty imposed upon
it by the Public Records Act.
21. Relator seeks the records to allow himself and the community at large to be fully
informed of the Respondents’ discussion of public business, attempts to undermine the Cincinnati
City Charter’s mandate that all proceedings of City Council be open to the public, and to what
extent the Respondents are using text messages, emails, and other forms of communication as a
means of avoiding public discussion of public business.
Writ of Mandamus is Appropriate
22. The records sought by Relator pursuant to the Request constitute “public records” as
defined in Section 149.43(A) of the Ohio Revised Code.
23. To date, Respondents have failed to comply with the legal duties imposed upon them
by the Public Records Act.
24. Respondents are the public office or persons responsible for the public records sought
by the Relator.
25. Relator has a clear legal right to copies of the requested records and Respondents have
a clear legal duty to promptly make the requested records available to Relator for inspection and
copying.
26. Relator has no adequate remedy in the ordinary course of law and the Public Records
Act specifically provides for the issuance of a writ of mandamus to compel a public office or the
person responsible for the requested public records to comply with the legal obligations imposed
by the Public Records Act.
5
27. There is no legally valid excuse for the continued refusal of Respondents to provide the
public records requested by Relator nor to comply with the other legal duties imposed upon
Respondent by the Public Records Act.
28. The issuance of a writ of mandamus will serve the public interest and provide a public
benefit by forcing recalcitrant public offices and public officials to comply with the unambiguous
mandate of precedent.
benefit by encouraging and promoting compliance in the future by public offices and public
officials with the terms of the Public Records Act, as well as court decisions thereon.
benefit by ensuring that the Respondents and other public officials operate openly so that such
operations will be subject to public scrutiny.
31. Specifically, the issuance of a writ of mandamus will serve the public interest and
provide a public benefit by exposing to public review the Respondents’ activities with respect to
discussions about the Cincinnati City Manager, and the Cincinnati Mayor.
WHEREFORE, Relator seeks a Peremptory Writ of Mandamus or, in the alternative, an
Alternative Writ of Mandamus commanding Respondents to immediately provide to Relator
copies of the requested records in accordance with the Public Records Act, together with an award
of statutory damages, attorneys’ fees and costs in accordance with the Public Records Act, as well
as all other relief to which Relator may be entitled in law or in equity.
Respectfully submitted,
/s/ Brian C. Shrive

Brian C. Shrive (0088980)
Christopher P. Finney (0038998)
FINNEY LAW FIRM, LLC
6
4270 Ivy Pointe Blvd., Suite 225
Cincinnati, OH 45245
brian@finneylawfirm.com
chris@finneylawfirm.com
(513) 943-6656
(513) 943-6669 (fax)
Attorneys for Relator MARK MILLER
PRAECIPE TO CLERK
Please serve the named Defendant/Respondent, by certified mail, return receipt requested,
at the above listed addresses. If service of process by certified mail is returned by the postal
authorities with an endorsement of “refused” or “unclaimed” and if the certificate of mailing cane
be deemed complete not less than five (5) days before any scheduled hearing, the undersigned
waives notice of the failure of service by the clerk and requests ordinary mail service in accordance
with Civil Rule 4.6(C) or (D) and Civil Rule 4.6(E).
/s/ Brian C. Shrive

Brian C. Shrive (0088980)
7
EXHIBIT 1
Brian C. Shrive, Esq.

E-Mail Address: brian@finneylawfirm.com
(513) 943-6656 Direct Dial
(513) 943-6669 Direct Fax
April 9, 2018
VIA CERTIFIED MAIL

GREG LANDSMAN
c/o Christine Zimmer, Esq.
801 Plum Street, Suite 214
Cincinnati, Ohio 45202
Christine.zimmer@cincinnat-oh.gov
Re: Public records request
Dear Councilmember:
I am writing with respect to two recent presses release issued by you and other councilmembers; the first on
March 16, 2018 (the “First Press Release”); and the second on March 18, 2018 (the “Second Press Release”) (the First
Press Release and Second Press Release are reffered to herein collectively as the “Press Releases”). Copies of the
Press Releases are included herewith for your convenience.
Pursuant to the Ohio Public Records Act and on behalf of a client, I am requesting copies of the following
public records:
1. A copy of all communications between you and any other member of the Cincinnati City Council
pertaining to the official business of the City of Cincinnati between March 16, 2018 and March 19,
2018; specifically, but not limited to, text messages regarding or relating to either of the Press Releases;
and
2. A copy of all communications between you and any other member of Cincinnati City Council relating
to or regarding John Cranley, or Harry Black.
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. official City email accounts) or personal sources (e.g. personal email accounts, or personal text
messaging systems), and all attachments or enclosures thereto.
Greg Landsman
Page 2 of 2
I would request that responsive records be produced in an electronic medium to the extent possible. Specifically
with respect to any word processor documents (e.g. word), I request that you provide copies of such records in their
native word processor format (e.g. .doc), and in a common read only format (e.g. .pdf). Furthermore, I would request
that the files be emailed to me at the following email address brian@finneylawfirm.com; if some of the records cannot
be produced in an electronic medium, I would request that copies be provided. I am willing to pay the reasonable costs
of copying such records up to $30.00; if you anticipate the costs will exceed this amount, please advise me so that I
might inspect the records initially and identify the specific records for which I desire copies
If you have any questions or need clarification, please feel free to contact me.
Very truly yours,
FINNEY LAW FIRM
By: _________________________________
Enclosures
(513) 943-6656 Direct Dial
(513) 943-6669 Direct Fax
April 9, 2018
VIA CERTIFIED MAIL

ALEXANDER PAUL GEORGE SITTENFELD
Dear Councilmember:
public records:
and
Alexander Paul George Sittenfeld
Page 2 of 2
Very truly yours,
FINNEY LAW FIRM
By: _________________________________
Enclosures
(513) 943-6656 Direct Dial
(513) 943-6669 Direct Fax
April 9, 2018
VIA CERTIFIED MAIL

CHRISTOPHER SEELBACH
Dear Councilmember:
public records:
and
Christopher Seelbach
Page 2 of 2
Very truly yours,
FINNEY LAW FIRM
By: _________________________________
Enclosures
(513) 943-6656 Direct Dial
(513) 943-6669 Direct Fax
April 9, 2018
VIA CERTIFIED MAIL

TAMAYA DENNARD
Dear Councilmember:
public records:
and
Tamaya Dennard
Page 2 of 2
Very truly yours,
FINNEY LAW FIRM
By: _________________________________
Enclosures
(513) 943-6656 Direct Dial
(513) 943-6669 Direct Fax
April 9, 2018
VIA CERTIFIED MAIL

WENDELL YOUNG
Dear Councilmember:
public records:
and
Wendell Young
Page 2 of 2
Very truly yours,
FINNEY LAW FIRM
By: _________________________________
Enclosures
Dear Mayor ~ City Manager Black, Members ofthe Public, and Members of the Media:
We have watched this unfortunate saga unfold in recent days, and feel strongly that it is now on us - the Council
Majority - to bring order and a fair process to this situation.
To be clear, anyonelwho wishes to bring forward concerns or report misconduct must feel safe and comfortable
doing so. We actively want your voice to be heard.
We also believe strongly in due process. No one's name or reputation should be tarnished without there being
clear evidence (beyond just "he said, she said") as well as a fair opportunity for that individual to respond.
We share the serious concern of organizations like the Urban League, Community Action Agency, NAACP, the
Black Agenda, NAN, the Black United Front and others that present behavior is rolling back the clock on race
relations in Cincinnati; we will not abet the intentional denigration of another black leader in our community.
We also do not support forcing the taxpayers to payout of their own pockets for what is currently a broken
relationship. We believe there are much better immediate next steps.
First, this situation clearly must be de-politicized and taken out of the hands of those most directly in the fog of
war: Therefore, we are calling for the appointment of an outside Special Counsel (appointed by a majority of
City Council), to collect and investigate the concerns raised by the Mayor, any and all counter-~ from the
City Manager, and testimony from city employees or any other directly involved stakeholders. This Special
Counsel will then write a report to be submitted to City Council for our review.
At the same time, we are calling for a ceasefire between the Mayor and City Manager, during which they both
agree to say nothing more on the subject and to focus on the City's work. During this ceasefire, Council will
bring in a pro bono mediator to privately help the Mayor and Manager navigate their relationship and return to
getting things done for the citizens of Cincinnati. Lastly, during this ceasefire, we call for no personnel changes.
Council will control this process as it unfolds, and ifthe need and desire for what the Mayor has called a "public
trial" remains, then Council will control the time, date, and location of such a special meeting. Because of the
significant interest from concerned members of the community, such a specially-called meeting would occur in
the evening, be held out in the community, and be posted with at least two weeks notice to the public.
We look forward to cool heads prevailing, these issues being properly addressed, and everyone getting back to
work for the city we love.
Sincerely,
Tama~a Dennard
P.G. !iitt~l)telQ.
Greg Landsman
Wendell Young
Chris Seelbach
Statement from the majority of Cincinnati City Council in light of
yesterday's news:
IIO ur position has not changed. We do not suppprt an increased buyout
or believe that's responsible to the taxpayers.
We reiterate our call for a ceasefire, and we remain committed to the
thoughtful, fair, transparent next steps we have previously laid out. Let's
collect the needed facts quickly and calmly.
We believe in a collaborative process, and look forward to working
through this with all stakeholders.1I
- Tamaya Dennard
-P.G. Sittenfeld
-Greg Landsman
-Wendell Young
-Chris Seelbach
EXHIBIT 2
Brian C. Shrive
From: Brian C. Shrive

Sent: Monday, April 09, 2018 4:38 PM
To: Zimmer, Christine
Cc: Christopher P. Finney; Nestor, Terry
Subject: Public records requests to Councilmembers Seelbach, Sittenfeld, Dennard, Young, and
Landsman
Attachments: 2018.04.09.WENDELL.pdf; 2018.04.09.LANDSMAN.pdf; 2018.04.09.PG.pdf;
2018.04.09.TAMAYA.pdf; 2018.04.09.SEELBACH.pdf; press releases.pdf
Christine and Terry,
As we discussed, attached are the revised requests to councilmembers Sittenfeld, Seelbach, Young, Dennard,
and Landsman.
They will go out in certified mail tomorrow.
Thank you,

4270 Ivy Pointe Boulevard, Suite 225
Office: 513.943.6656
Mobile: 513.482.9321
Fax: 513.943.6669
Brian@finneylawfirm.com
www.finneylawfirm.com
Please connect with us on Facebook, Twitter, and LinkedIn. Also, please visit our title company web site at
www.ivypointetitle.com.
*******************PRIVATE AND CONFIDENTIAL********************

This electronic message transmission and any files transmitted with it, are communications from the Finney
Law Firm. This message contains information protected by the attorney/client privilege and is confidential or
otherwise the exclusive property of the intended recipient or Finney Law Firm. This information is solely for
the use of the individual or entity that is the intended recipient. If you are not the designated recipient, or the
person responsible for delivering the communication to its intended recipient, please be aware that any
dissemination, distribution or copying of this communication is strictly prohibited. If you have received this
electronic transmission in error, please notify by telephone 513.943.6656, collect or by electronic mail
Brian@finneylawfirm.com and promptly destroy the original transmission.
1
2
EXHIBIT 3
Date Produced: 04/16/2018
WALZ GROUP:
The following is the delivery information for Certified Mail™/RRE item number 9314 8699
0430 0045 2554 45. Our records indicate that this item was delivered on 04/12/2018 at
10:26 a.m. in CINCINNATI, OH 45202. The scanned image of the recipient information is
provided below.
Signature of Recipient :
Address of Recipient :
Thank you for selecting the Postal Service for your mailing needs. If you require
additional assistance, please contact your local post office or Postal Service
representative.
Sincerely,
United States Postal Service
Information in this section provided by Walz Group, LLC.

Original Recipient Information:
CHRISTINE ZIMMER, ESQ.
801 PLUM ST RM 214
CINCINNATI,OH 45202-5705
EXHIBIT 4
EXHIBIT 5
Brian C. Shrive
From: Nestor, Terry <Terry.Nestor@cincinnati-oh.gov>

Sent: Wednesday, April 18, 2018 9:38 AM
To: Christopher P. Finney; Woerner, Emily; Brian C. Shrive; Zimmer, Christine
Cc: Boggs Muething, Paula; Hardin, Roshani
Subject: RE: [External Email] Re: Miller v. Sittenfeld, et al. group imessage document
Chris—
The City provided a document containing text messages sent among five City Councilmembers on
March 16. These text messages were produced in the course of the litigation you filed, and document a
meeting among a quorum of the Council. The document itself is therefore available as a record of the minutes
of that meeting as defined by Ohio law.
Regarding other text messages you have requested in your public records requests, such text
messages are not kept by the City and therefore are not records pursuant to Ohio Revised Code § 149.011 or
public records under § 149.43. The Ohio Supreme Court has not determined that text messages are subject to
disclosure under the Ohio Public Records Act. State ex rel. Glasgow v. Jones, 119 Ohio St. 3d 391
(2008). The texts constitute personal notes of the individual and generally do not document the activities of the
office.
The word document the City has provided to you in a pdf scan is as it was provided to the City. The
City does not possess or control the City Councilmembers’ phones or texts, and therefore does not keep the
date and time identifiers you have requested.
Terry Nestor
Deputy City Solicitor
Law Department
513/352-3327 (o) | 513/352-1515 (f)
terry.nestor@cincinnati-oh.gov
NOTICE: This electronic mail transmission is for the use of the named individual or entity to which it is directed and may contain information
that is privileged or confidential. It is not to be transmitted to or received by anyone other than the named addressee (or a person
authorized to deliver it to the named addressee). It is not to be copied or forwarded to any unauthorized persons. If you have received
this electronic mail transmission in error, delete it from your system without copying or forwarding it, and notify the sender of the error by
replying via email or by calling the City of Cincinnati Law Department at (513) 352-3334, so that our address record can be corrected.
From: Christopher P. Finney [mailto:Chris@finneylawfirm.com]

Sent: Wednesday, April 18, 2018 8:12 AM
To: Nestor, Terry <Terry.Nestor@cincinnati-oh.gov>; Woerner, Emily <Emily.Woerner@cincinnati-oh.gov>; Brian C.
1
Shrive <Brian@finneylawfirm.com>; Zimmer, Christine <Christine.Zimmer@cincinnati-oh.gov>
Cc: Boggs Muething, Paula <Paula.BoggsMuething@cincinnati-oh.gov>
Subject: [External Email] Re: Miller v. Sittenfeld, et al. group imessage document
External Email Communication
Terry:
This appears to be the group messages among the five, but we asked for all messages between them on this
topic. Are those missing? Is the City refusing to provide those?
Also, the date and time identifiers seem to be missing from these text messages. We need those as well.
Please advise promptly as to the City’s position on both issues promptly.
--
Christopher P. Finney, Esq.
4270 Ivy Pointe Boulevard, Suite 225
513.943.6655 (o)
513.720.2996 (c)
Chris@FinneyLawFirm.com
www.finneylawfirm.com
Please connect with us on Facebook, LinkedIn and Twitter. Also, please visit our title company
web site at www.ivypointetitle.com.
From: Terry Nestor <Terry.Nestor@cincinnati-oh.gov>

Date: Wednesday, April 18, 2018 at 8:00 AM
To: "Woerner, Emily" <Emily.Woerner@cincinnati-oh.gov>, Brian Shrive <Brian@finneylawfirm.com>,
2
EXHIBIT 6
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March 16, 2018

Dear Mayor Cranley, City Manager Black, Members
of the Public, and Members of the Media:

We have watched this unfortunate saga unfold in
recent days, and feel strongly that it is now on us -
the Council Majority - to bring order and a fair
process to this situation.

To be clear, anyone who wishes to bring forward
concerns or report misconduct must feel safe and
comfortable doing so. We actively want your voice
to be heard.

We also believe strongly in due process. No one’s
name or reputation should be tarnished without
there being clear evidence (beyond just “he said,
she said”) as well as a fair opportunity for that
individual to respond.

We share the serious concern of organizations like
the Urban League, Community Action Agency,
NAACP and others that present behavior is rolling
back the clock on race relations in Cincinnati; we
will not abet the intentional denigration of another
black leader in our community.

We also do not support forcing the taxpayers to pay
out of their own pockets for what is currently a
broken relationship. We believe there are much
better immediate next steps.

First, this situation clearly must be de-politicized
and taken out of the hands of those most directly in
the fog of war: Therefore, we are calling for the
appointment of an outside Special Counsel
(appointed by a majority of City Council), to collect
and investigate the concerns raised by the Mayor,
any and all counter-factuals from the City Manager,
and testimony from city employees or any other
directly involved stakeholders. This Special
Counsel will then write a report to be submitted to
City Council for our review.

At the same time, we are calling for a ceasefire
between the Mayor and City Manager, during which
they both agree to say nothing more on the subject
and to focus on the City’s work. During this
ceasefire, Council will bring in a pro bono mediator
to privately help the Mayor and Manager navigate
their relationship and return to getting things done
for the citizens of Cincinnati. Lastly, during this
ceasefire, we call for no personnel changes.

Council will control this process as it unfolds, and if
the need and desire for what the Mayor has called

a “public trial” remains, then Council will control the
time, date, and location of such a special meeting.
Because of the significant interest from concerned
members of the community, such a specially-called
meeting would occur in the evening, be held out in
the community, and be posted with at least two
weeks notice to the public.

We look forward to cool heads prevailing, these
issues being properly addressed, and everyone
getting back to work for the city we love.

Sincerely,

Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

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Dear Mayor Cranley & Members of the Public & Members of the Media:

In our form of local government, the governing body is the City Council. We have watched this saga unfold in
recent days, and feel strongly that it is up to us - the Council Majority - to bring order and a fair process to this
situation.

To be clear, anyone who wishes to bring forward concerns or report misconduct must feel safe and
comfortable doing so. We actively want your voice to be heard.

We also believe strongly in due process, and we will not tolerate or abet a “public lynching”. No one’s name or
reputation should be tarnished without there being clear evidence (beyond just “he said, she said”) as well as a
fair opportunity for that individual to respond.

City Council), to collect and investigate the concerns raised by the Mayor, any and all counter-factuals from the
City Manager, and testimony from city employees or any other directly involved stakeholders involved. This
Special Counsel will then write a report to be submitted to City Council for our review.

At the same, time we are calling for a ceasefire between the Mayor and City Manager, during which they both
agree to say nothing more on the subject and to focus on the city’s work. During this ceasefire, Council will
bring in a pro bono mediator to help the Mayor and Manager navigate their relationship and stay focused on
their work. Lastly, during this cease fire, we call for no personnel changes.

If at the end of this process, the Mayor wishes to move forward with what he has called a “public trial”, rather
than letting this matter consume the business of a regular Council meeting, City Council will call a special
meeting for the Mayor and anyone else to have a forum to speak publicly. City Council will determine the time,
date, and location of this special meeting - and because of the significant interest from concerned members of
the community, it will be an evening community meeting, held out in the community, and with at least two
weeks notice to the public.

We look forward to cool heads prevailing, and everyone getting back to work.

Sincerely,

Tamaya Dennard

P.G. Sittenfeld
Greg Landsman
Chris Seelbach
Wendell Young

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Mann?

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ĐĂůůĂƚϭ͗ϯϬƉŵƚŽĚĂǇ͘/ĨĞǀĞƌǇŽŶĞƌĞĂĐŚĞƐĂĐŽŵĨŽƌƚůĞǀĞůǁŝƚŚŝƚ͕ƚŚĞŶ/ďĞůŝĞǀĞϭͿǁĞƐŚŽƵůĚƌĞůĞĂƐĞŝƚƚŚŝƐĂĨƚĞƌŶŽŽŶ
;ƌĂƚŚĞƌƚŚĂŶĂůůŽǁĨŽƌĂǀĂĐƵƵŵƚŽĐŽŶƚŝŶƵĞͿĂŶĚϮͿŝƚƐŚŽƵůĚďĞĞŵĂŝůĞĚŽƵƚƚŽƚŚĞŵĞĚŝĂĨƌŽŵŽŶĞŽĨŽƵƌĂŝĚĞƐͲĂŶǇŽŶĞ
ǁĂŶƚƚŽǀŽůƵŶƚĞĞƌĨŽƌƚŚĂƚ͍

Dear Mayor Cranley, Members of the Public, and Members of the Media:

We have watched this unfortunate saga unfold in recent days, and feel strongly that it is now on us - the
Council Majority - to bring order and a fair process to this situation.


We also believe strongly in due process. No one’s name or reputation should be tarnished without there being
clear evidence (beyond just “he said, she said”) as well as a fair opportunity for that individual to respond.


agree to say nothing more on the subject and to focus on the City’s work. During this ceasefire, Council will
bring in a pro bono mediator to help the Mayor and Manager navigate their relationship and return to getting
things done for the citizens of Cincinnati. Lastly, during this ceasefire, we call for no personnel changes.


Sincerely,

Tamaya Dennard
P.G. Sittenfeld

Greg Landsman
Wendell Young
Chris Seelbach

6WUREHO-HQQLIHU

ŚƌŝƐ^ĞĞůďĂĐŚ
!
"#$ % %&'("&)&**&%
* +!," -. +
0 1 - 2#- *
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-

, 4 3# - 56&7 3- //7 - 5-4 3#6

8- 9!0"

4
" -.

3!-

8- !!," -.
March 16, 2018

Dear Mayor Cranley, City Manager Black, Members of the Public, and Members
of the Media:

We have watched this unfortunate saga unfold in recent days, and feel strongly
that it is now on us - the Council Majority - to bring order and a fair process to this
situation.

To be clear, anyone who wishes to bring forward concerns or report misconduct
must feel safe and comfortable doing so. We actively want your voice to be
heard.

We also believe strongly in due process. No one’s name or reputation should be
tarnished without there being clear evidence (beyond just “he said, she said”) as
well as a fair opportunity for that individual to respond.

We share the serious concern of organizations like the Urban League,
Community Action Agency, NAACP and others that present behavior is rolling
back the clock on race relations in Cincinnati; we will not abet the intentional
denigration of another black leader in our community.

We also do not support forcing the taxpayers to pay out of their own pockets for
what is currently a broken relationship. We believe there are much better
immediate next steps.

First, this situation clearly must be de-politicized and taken out of the hands of
those most directly in the fog of war: Therefore, we are calling for the
appointment of an outside Special Counsel (appointed by a majority of City
Council), to collect and investigate the concerns raised by the Mayor, any and all
counter-factuals from the City Manager, and testimony from city employees or
any other directly involved stakeholders. This Special Counsel will then write a
report to be submitted to City Council for our review.

At the same time, we are calling for a ceasefire between the Mayor and City
Manager, during which they both agree to say nothing more on the subject and to
focus on the City’s work. During this ceasefire, Council will bring in a pro bono
mediator to privately help the Mayor and Manager navigate their relationship and
return to getting things done for the citizens of Cincinnati. Lastly, during this

Council will control this process as it unfolds, and if the need and desire for what
the Mayor has called a “public trial” remains, then Council will control the time,
date, and location of such a special meeting. Because of the significant interest
from concerned members of the community, such a specially-called meeting
would occur in the evening, be held out in the community, and be posted with at
least two weeks notice to the public.

We look forward to cool heads prevailing, these issues being properly addressed,
and everyone getting back to work for the city we love.

Sincerely,

Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

ŚƌŝƐ^ĞĞůďĂĐŚ
!
"#$ % %&'("&)&**&%
* +!," -. +
0 1 - 2#- *
3 -- , )-
-

4
" -.

3!-

5- !!," -.
March 16, 2018

Dear Mayor Cranley, City Manager Black, Members of the Public, and Members of the Media:

We have watched this unfortunate saga unfold in recent days, and feel strongly that it is now on
us - the Council Majority - to bring order and a fair process to this situation.

To be clear, anyone who wishes to bring forward concerns or report misconduct must feel safe
and comfortable doing so. We actively want your voice to be heard.

We also believe strongly in due process. No one’s name or reputation should be tarnished
without there being clear evidence (beyond just “he said, she said”) as well as a fair opportunity
for that individual to respond.

We share the serious concern of organizations like the Urban League, Community Action
Agency, NAACP and others that present behavior is rolling back the clock on race relations in
Cincinnati; we will not abet the intentional denigration of another black leader in our
community.

We also do not support forcing the taxpayers to pay out of their own pockets for what is
currently a broken relationship. We believe there are much better immediate next steps.

First, this situation clearly must be de-politicized and taken out of the hands of those most
directly in the fog of war: Therefore, we are calling for the appointment of an outside Special
Counsel (appointed by a majority of City Council), to collect and investigate the concerns raised
by the Mayor, any and all counter-factuals from the City Manager, and testimony from city
employees or any other directly involved stakeholders. This Special Counsel will then write a

At the same time, we are calling for a ceasefire between the Mayor and City Manager, during
which they both agree to say nothing more on the subject and to focus on the City’s work.
During this ceasefire, Council will bring in a pro bono mediator to privately help the Mayor and
Manager navigate their relationship and return to getting things done for the citizens of
Cincinnati. Lastly, during this ceasefire, we call for no personnel changes.

Council will control this process as it unfolds, and if the need and desire for what the Mayor has
called a “public trial” remains, then Council will control the time, date, and location of such a
special meeting. Because of the significant interest from concerned members of the community,
such a specially-called meeting would occur in the evening, be held out in the community, and
be posted with at least two weeks notice to the public.

We look forward to cool heads prevailing, these issues being properly addressed, and everyone

Sincerely,

Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

6WUREHO-HQQLIHU

!
"#$% &'()"'*'++'&
+ , -# +
. 0 *

1/" $/
March 16, 2018





We share the serious concern of organizations like the Urban League, Community Action Agency, NAACP and
others that present behavior is rolling back the clock on race relations in Cincinnati; we will not abet the
intentional denigration of another black leader in our community.

We also do not support forcing the taxpayers to pay out of their own pockets for what is currently a broken



Council will control this process as it unfolds, and if the need and desire for what the Mayor has called a “public
trial” remains, then Council will control the time, date, and location of such a special meeting. Because of the


Sincerely,

Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

!"
#$%& '
( ) *$ -,# %, (
+
. '

March 16, 2018
We share the serious concern of organizations like the Urban League, Community Action Agency, NAACP,
Black Agenda, National Action Network, Black United Front, and others that present behavior is rolling back
the clock on race relations in Cincinnati; we will not abet the intentional denigration of another black leader in
our community.

Sincerely,
Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

!"#
$%&' (
) )
* )+
March 16, 2018





our community.






Sincerely,

Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

&ƌŽŵ͗
ĂƚĞ͗ !"#!!$%&'(
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March 16, 2018

Dear Mayor Cranley, City Manager Black, Members of the Public,
and Members of the Media:

We have watched this unfortunate saga unfold in recent days, and
feel strongly that it is now on us - the Council Majority - to bring
order and a fair process to this situation.

To be clear, anyone who wishes to bring forward concerns or
report misconduct must feel safe and comfortable doing so. We
actively want your voice to be heard.

We also believe strongly in due process. No one’s name or
reputation should be tarnished without there being clear evidence
(beyond just “he said, she said”) as well as a fair opportunity for
that individual to respond.

We share the serious concern of organizations like the Urban
League, Community Action Agency, NAACP and others that
present behavior is rolling back the clock on race relations in

Cincinnati; we will not abet the intentional denigration of another
black leader in our community.

We also do not support forcing the taxpayers to pay out of their
own pockets for what is currently a broken relationship. We
believe there are much better immediate next steps.

First, this situation clearly must be de-politicized and taken out of
the hands of those most directly in the fog of war: Therefore, we
are calling for the appointment of an outside Special Counsel
(appointed by a majority of City Council), to collect and investigate
the concerns raised by the Mayor, any and all counter-factuals
from the City Manager, and testimony from city employees or any
other directly involved stakeholders. This Special Counsel will
then write a report to be submitted to City Council for our review.

At the same time, we are calling for a ceasefire between the
Mayor and City Manager, during which they both agree to say
nothing more on the subject and to focus on the City’s work.
During this ceasefire, Council will bring in a pro bono mediator to
privately help the Mayor and Manager navigate their relationship
and return to getting things done for the citizens of Cincinnati.
Lastly, during this ceasefire, we call for no personnel changes.

Council will control this process as it unfolds, and if the need and
desire for what the Mayor has called a “public trial” remains, then
Council will control the time, date, and location of such a special
meeting. Because of the significant interest from concerned
members of the community, such a specially-called meeting would
occur in the evening, be held out in the community, and be posted
with at least two weeks notice to the public.

We look forward to cool heads prevailing, these issues being
properly addressed, and everyone getting back to work for the city
we love.

Sincerely,

Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

&ƌŽŵ͗

ĂƚĞ͗ !"#$""%"&'()
dŽ͗* +
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March 16, 2018

of the Media:

situation.

heard.








Sincerely,

Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

&&&&&&&&&&+ ,

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March 16, 2018





our community.







Sincerely,

Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

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March 16, 2018





our community.






Sincerely,

Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

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Sincerely,

Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

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+
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Sincerely,

Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

&&

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&ƌŽŵ͗tĞŶĚĞůůzŽƵŶŐ΀ŵĂŝůƚŽ͗ ΁
^ĞŶƚ͗DŽŶĚĂǇ͕ƉƌŝůϬϮ͕ϮϬϭϴϰ͗ϯϱWD
dŽ͗ĂǀŝƐ͕ƌǇƐƚĂůфƌǇƐƚĂů͘ĂǀŝƐΛĐŝŶĐŝŶŶĂƚŝͲŽŚ͘ŐŽǀх
^ƵďũĞĐƚ͗΀ǆƚĞƌŶĂůŵĂŝů΁&ǁĚ͗&ŝŶĂů&ŝŶĂů>ĞƚƚĞƌ
^ĞŶƚĨƌŽŵŵǇŝWŚŽŶĞ

ĞŐŝŶĨŽƌǁĂƌĚĞĚŵĞƐƐĂŐĞ͗
&ƌŽŵ͗ΗW͘'͘^ŝƚƚĞŶĨĞůĚΗф х
ĂƚĞ͗DĂƌĐŚϭϲ͕ϮϬϭϴĂƚϮ͗ϰϭ͗ϮϬWDd
dŽ͗tĞŶĚĞůůzŽƵŶŐф х͕ŚƌŝƐ^ĞĞůďĂĐŚф х͕dĂŵĂǇĂĞŶŶĂƌĚ
ф х͕'ƌĞŐ>ĂŶĚƐŵĂŶ
^ƵďũĞĐƚ͗&ŝŶĂů&ŝŶĂů>ĞƚƚĞƌ
March 16, 2018
We share the serious concern of organizations like the Urban League, Community Action
Agency, NAACP, Black Agenda, National Action Network, Black United Front, and others that
present behavior is rolling back the clock on race relations in Cincinnati; we will not abet the
intentional denigration of another black leader in our community.
We also do not support forcing the taxpayers to pay out of their own pockets for what is
currently a broken relationship. We believe there are much better immediate next steps.

employees or any other directly involved stakeholders. This Special Counsel will then write a
During this ceasefire, Council will bring in a pro bono mediator to privately help the Mayor and
Manager navigate their relationship and return to getting things done for the citizens of
Cincinnati. Lastly, during this ceasefire, we call for no personnel changes.
Council will control this process as it unfolds, and if the need and desire for what the Mayor has
called a “public trial” remains, then Council will control the time, date, and location of such a
special meeting. Because of the significant interest from concerned members of the community,
such a specially-called meeting would occur in the evening, be held out in the community, and
be posted with at least two weeks notice to the public.
Sincerely,
Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

^ĞŶƚ͗DŽŶĚĂǇ͕ƉƌŝůϬϮ͕ϮϬϭϴϰ͗ϯϰWD
^ƵďũĞĐƚ͗΀ǆƚĞƌŶĂůŵĂŝů΁&ǁĚ͗Zs/^>ddZ

&ƌŽŵ͗ŚƌŝƐ^ĞĞůďĂĐŚф х
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March 16, 2018

of the Media:

situation.

heard.








Sincerely,

Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

^ĞŶƚ͗DŽŶĚĂǇ͕ƉƌŝůϬϮ͕ϮϬϭϴϰ͗ϯϮWD
^ƵďũĞĐƚ͗΀ǆƚĞƌŶĂůŵĂŝů΁&ǁĚ͗ƌĂĨƚůĞƚƚĞƌĨŽƌŽƵŶĐŝůDĂũŽƌŝƚǇƚŽƌĞůĞĂƐĞ

&ƌŽŵ͗ΗW͘'͘^ŝƚƚĞŶĨĞůĚΗ
ĂƚĞ͗DĂƌĐŚϭϲ͕ϮϬϭϴĂƚϭϭ͗ϱϯ͗ϬϴDd
dŽ͗tĞŶĚĞůůzŽƵŶŐ ŚƌŝƐ^ĞĞůďĂĐŚ ͕dĂŵĂǇĂĞŶŶĂƌĚ
'ƌĞŐ>ĂŶĚƐŵĂŶ
^ƵďũĞĐƚ͗ƌĂĨƚůĞƚƚĞƌĨŽƌŽƵŶĐŝůDĂũŽƌŝƚǇƚŽƌĞůĞĂƐĞ
ůůͲͲĞůŽǁŝƐĂŶĂŐŐƌĞŐĂƚŝŽŶŽĨƉĞŽƉůĞΖƐƚŚŽƵŐŚƚƐĂŶĚƐƵŐŐĞƐƚŝŽŶƐ͕ƉƵƚŝŶƚŽƚŚĞĨŽƌŵĂƚŽĨĂůĞƚƚĞƌ͘tĞ
ĐĂŶĚŝƐĐƵƐƐŽŶƚŚĞĐĂůůĂƚϭ͗ϯϬƉŵƚŽĚĂǇ͘/ĨĞǀĞƌǇŽŶĞƌĞĂĐŚĞƐĂĐŽŵĨŽƌƚůĞǀĞůǁŝƚŚŝƚ͕ƚŚĞŶ/ďĞůŝĞǀĞϭͿǁĞ
ƐŚŽƵůĚƌĞůĞĂƐĞŝƚƚŚŝƐĂĨƚĞƌŶŽŽŶ;ƌĂƚŚĞƌƚŚĂŶĂůůŽǁĨŽƌĂǀĂĐƵƵŵƚŽĐŽŶƚŝŶƵĞͿĂŶĚϮͿŝƚƐŚŽƵůĚďĞĞŵĂŝůĞĚ
ŽƵƚƚŽƚŚĞŵĞĚŝĂĨƌŽŵŽŶĞŽĨŽƵƌĂŝĚĞƐͲĂŶǇŽŶĞǁĂŶƚƚŽǀŽůƵŶƚĞĞƌĨŽƌƚŚĂƚ͍






employees or any other directly involved stakeholders involved. This Special Counsel will then
write a report to be submitted to City Council for our review.

During this ceasefire, Council will bring in a pro bono mediator to help the Mayor and Manager
navigate their relationship and return to getting things done for the citizens of Cincinnati. Lastly,
during this ceasefire, we call for no personnel changes.


Sincerely,

Tamaya Dennard
P.G. Sittenfeld
Greg Landsman
Wendell Young
Chris Seelbach

Public Records Complaint Filed Against Cincinnati City Councilmembers

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Public Records Complaint Filed Against Cincinnati City Councilmembers

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FIRST DISTRICT COURT OF APPEALS

HAMILTON COUNTY, OHIO

STATE OF OHIO ex rel. : Case No.

fees and costs, alleges as follows:

their possession, custody, or control:

Article IV, Section 3 of the Ohio Constitution.

Hamilton County, Ohio.

4. Respondents ALEXANDER PAUL GEORGE SITTENFELD, WENDELL, YOUNG,

CHRISTOPHER SEELBACH, TAMAYA DENNARD, and GREG LANDSMAN currently serve

records which are the subject of this action.

Public Records Request

range of Request No. 2 to be from March 1, 2018 to March 19, 2018.

the jurisdiction of the Respondents.

functions, policies, decisions, procedures, operations, or other activities of the Respondents.

attached hereto as Exhibit 3.

is attached hereto as EXHIBIT 4.

12. Additionally, in response to a previous request, Respondents’ counsel provided thirty

provide additional responsive records.

of this email is attached hereto as Exhibit 6.

messages are public records.

of communication, while the response refers only to text messages.

it by the Public Records Act.

means of avoiding public discussion of public business.

Writ of Mandamus is Appropriate

defined in Section 149.43(A) of the Ohio Revised Code.

by the Public Records Act.

by the Public Records Act.

Respondent by the Public Records Act.

operations will be subject to public scrutiny.

WHEREFORE, Relator seeks a Peremptory Writ of Mandamus or, in the alternative, an

Alternative Writ of Mandamus commanding Respondents to immediately provide to Relator

as all other relief to which Relator may be entitled in law or in equity.

/s/ Brian C. Shrive

Attorneys for Relator MARK MILLER

/s/ Brian C. Shrive

Brian C. Shrive, Esq.

VIA CERTIFIED MAIL

Re: Public records request

Very truly yours,

FINNEY LAW FIRM

VIA CERTIFIED MAIL

Re: Public records request

Very truly yours,

FINNEY LAW FIRM

VIA CERTIFIED MAIL

Re: Public records request

Very truly yours,

FINNEY LAW FIRM

VIA CERTIFIED MAIL

Re: Public records request

Very truly yours,

FINNEY LAW FIRM

VIA CERTIFIED MAIL

Re: Public records request

Very truly yours,

FINNEY LAW FIRM

From: Brian C. Shrive

Christine and Terry,

They will go out in certified mail tomorrow.

Brian C. Shrive, Esq.

*******************PRIVATE AND CONFIDENTIAL********************

Date Produced: 04/16/2018

Information in this section provided by Walz Group, LLC.

From: Nestor, Terry <Terry.Nestor@cincinnati-oh.gov>

*PRIVATE AND CONFIDENTIAL**

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