Case: 1:19-cv-00475-MRB Doc #: 14-2 Filed: 07/02/19 Page: 1 of 5 PAGEID #: 105

EXHIBIT B

From: Brian C. Shrive <Brian@finneylawfirm.com>

Sent: Friday, March 15, 2019 10:19 AM
To: Zimmer, Christine <Christine.Zimmer@cincinnati-oh.gov>
Cc: Boggs Muething, Paula <Paula.BoggsMuething@cincinnati-oh.gov>; Woerner, Emily <Emily.Woerner@cincinnati-oh.gov>
Subject: RE: [External Email] public records request
 
Thank you.
 
And you are correct, that is a typo in #12 and #13. I meat December 2, 2018.
 
I’m guessing you guys are getting deluged.
 
Also, are you planning to provide responses to prior requests that were denied under the theory that private cell phone text messages about
public business are not records, or do requesters need to re-submit those request?
 
Thank you,
 
Brian C. Shrive, Esq.
FINNEY LAW FIRM, LLC
4270 Ivy Pointe Boulevard, Suite 225
Cincinnati, Ohio 45245
513.943.6656 (o)
513.482.9321 (c)
Brian@FinneyLawFirm com

   

 
 
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Thank you for your assistance.
 
 Case: 1:19-cv-00475-MRB Doc #: 14-2 Filed: 07/02/19 Page: 2 of 5 PAGEID #: 106

 
 
From: Zimmer, Christine <Christine.Zimmer@cincinnati-oh.gov>
Sent: Friday, March 15, 2019 10:12 AM
To: Brian C. Shrive <Brian@finneylawfirm.com>
Cc: Boggs Muething, Paula <Paula.BoggsMuething@cincinnati-oh.gov>; Woerner, Emily <Emily.Woerner@cincinnati-oh.gov>
Subject: RE: [External Email] public records request
 
Brian –
 
This is to acknowledge receipt of your public records request today iden ifying 13 separate sets of communications records wi h subparts between
various City officials, which is below.  Ohio law requires the City to respond to your request in a reasonable amount of time based on the circumstances of
your request and whe her legal review of the records is appropriate.  The City will review your request and contact you if we have any questions or need to
clarify your request.
 
While I think it’s a typo, I want to confirm that in Items # 12 and # 13, you are asking for records from November 20, 2018 and December 2, 2018,
not some date in 2019. 
 
Thanks.
 
            Christine
 
 

Christine M. Zimmer
Supervising Attorney
Law Department -- General Counsel Section
513/352-3321 (o) | 513/352-1515 (f)
christine.zimmer@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
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From: Brian C. Shrive <Brian@finneylawfirm.com>
Sent: Friday, March 15, 2019 9:37 AM
To: Zimmer, Christine <Christine.Zimmer@cincinnati-oh.gov>; Woerner, Emily <Emily.Woerner@cincinnati-oh.gov>; Boggs Muething, Paula
<Paula.BoggsMuething@cincinnati-oh.gov>
Cc: Christopher P. Finney <Chris@finneylawfirm.com>; Brandy E. Fitch <Brandy@finneylawfirm.com>; Emma Brodzki <emma@finneylawfirm.com>
Subject: [External Email] public records request
 
External Email Communication

All,
 
On behalf of a client, and pursuant to R.C. 149.43, I request the following records:
 
1. Records of communications between P.G. Sittenfeld and Harry Black between March 1, 2018 and April 9, 2018 that include any of
the following terms or subject matters:
a. John Cranley, JC, Cranley, or John;
b. Christopher Smitherman, Chris Smitherman, or Smitherman;
c. Race racial tensions, race riots, powder keg;
d. Fire, firing, termination, or resignation;
e. John Curp, JC, or Curp;
f. FBI;
g. Whistleblower;
h. Strip club, sex, or sexual harassment;
i. Drugs, alcohol, alcoholic, addict, addiction, or intervention;
j. Dan Hils, or Hils; and
k. Center for Closing the Healthcare Gap, Healthcare Gap, Dwight Tillery, Tillery.
 
2. Records of communications between Chris Seelbach and Harry Black between March 1, 2018 and April 9, 2018 that include any of
the following terms or subject matters:
a. John Cranley, JC, Cranley, or John;
b. Christopher Smitherman, Chris Smitherman, or Smitherman;
 Case: 1:19-cv-00475-MRB Doc #: 14-2 Filed: 07/02/19 Page: 3 of 5 PAGEID #: 107

c. Race, racial tensions, race riots, powder keg;

d. Fire, firing, termination, or resignation;
e. John Curp, JC, or Curp;
f. FBI;
g. Whistleblower;
h. Strip club, sex, or sexual harassment;
i. Drugs, alcohol, alcoholic, addict, addiction, or intervention;
j. Dan Hils, or Hils; and
k. Center for Closing the Healthcare Gap, Healthcare Gap, Dwight Tillery, Tillery.
 
3. Records of communications between Greg Landsman and Harry Black between March 1, 2018 and April 9, 2018 that include any of
the following terms or subject matters:
a. John Cranley, JC, Cranley, or John;
b. Christopher Smitherman, Chris Smitherman, or Smitherman;
c. Race, racial tensions, race riots, powder keg;
d. Fire, firing, termination, or resignation;
e. John Curp, JC, or Curp;
f. FBI;
g. Whistleblower;
h. Strip club, sex, or sexual harassment;
i. Drugs, alcohol, alcoholic, addict, addiction, or intervention;
j. Dan Hils, or Hils; and
k. Center for Closing the Healthcare Gap, Healthcare Gap, Dwight Tillery, Tillery.
 
4. Records of communications between PG Sittenfeld and Dwight Tillery between March 1, 2018 and May 1, 2018 that include any of
the following terms or subject matters:
a. Center for Closing the Healthcare Gap, or Healthcare Gap;
b. Budget;
c. John Cranley, JC, Cranley, or John;
d. Christopher Smitherman, Chris Smitherman, or Smitherman;
e. Harry Black, Harry, Black, or HB;
f. Race, racial tensions, race riots, powder keg;
g. African-American community, black community, or community; and
h. John Curp, JC, or Curp.
 
5. Records of communications between Chris Seelbach and Dwight Tillery between March 1, 2018 and May 1, 2018 that include any
of the following terms or subject matters:
a. Center for Closing the Healthcare Gap, or Healthcare Gap;
b. Budget;
c. John Cranley, JC, Cranley, or John;
d. Christopher Smitherman, Chris Smitherman, or Smitherman;
e. Harry Black, Harry, Black, or HB;
f. Race, racial tensions, race riots, powder keg;
g. African-American community, black community, or community; and
h. John Curp, JC, or Curp.
 
6. Records of communications between PG Sittenfeld and Derek Bauman between March 1,2018 and July 5, 2018 that include any of
the following terms or subject matters:
a. Sunshine Law;
b. Lawsuit, or litigation, or case;
c. Mark Miller, or Miller;
d. Brian Shrive, or Shrive;
e. Chris Finney, Christopher Finney, or Finney;
f. Coalition Opposed to Additional Spending and Taxes, or COAST;
g. Christopher Smitherman, Chris Smitherman, or Smitherman;
h. John Curp, or Curp;
i. Paul DeMarco, PD, or DeMarco; and
j. John Cranley, JC, or Cranley;
k. Harry Black, HB, or Black;
l. Gang of Five; and
m. Intervene, motion to intervene, or intervention;
 
7. Records of communications between Chris Seelbach and Derek Bauman between March 1,2018 and July 5, 2018 that include any of
the following terms or subject matters:
a. Sunshine Law;
b. Lawsuit, or litigation, or case;
Mark Miller, or Miller;
 Case: 1:19-cv-00475-MRB Doc #: 14-2 Filed: 07/02/19 Page: 4 of 5 PAGEID #: 108

c.
d. Brian Shrive, or Shrive;
e. Chris Finney, Christopher Finney, or Finney;
f. Coalition Opposed to Additional Spending and Taxes, or COAST;
g. Christopher Smitherman, Chris Smitherman, or Smitherman;
h. John Curp, or Curp;
i. Paul DeMarco, PD, or DeMarco; and
j. John Cranley, JC, or Cranley;
k. Harry Black, HB, or Black;
l. Gang of Five; and
m. Intervene, motion to intervene, or intervention;
 
8. Records of communications between PG Sittenfeld and David Mann between January 1, 2019 and March 14, 2019 that include any
of the following terms or subject matters:
a. Smitherman;
b. Funeral;
c. Gang of Five; and
d. Apology or apologize;
 
9. Records of communications between Greg Landsman and David Mann between January 1, 2019 and March 14, 2019 that include
any of the following terms or subject matters:
a. Smitherman;
b. Funeral;
c. Gang of Five; and
d. Apology or apologize;
 
10. Records of communications between Chris Seelbach and David Mann between January 1, 2019 and March 14, 2019 that include any
of the following terms or subject matters:
a. Smitherman;
b. Funeral;
c. Gang of Five; and
d. Apology or apologize;
 
11. Records of communications between PG Sittenfeld and Chris Seelbach between October 24, 2018 and January 31, 2019 that include
any of the following terms or subject matters:
a. Gang of Five;
b. Brian Shrive or Shrive;
c. Chris Finney or Finney;
d. Mark Miller or Miller;
e. Coalition Opposed to Additional Spending and Taxes or COAST;
f. Hunted, hunting, or hunt;
g. Race or racial tension;
h. Exploit;
i. Investigate or investigation;
j. Tamaya Dennard or Dennard;
k. Paul DeMarco, Paul, PD, or DeMarco;
l. Greg Landsman, Greg, or Landsman;
m. Christopher Smitherman, CS, or Smitherman; and
n. Funeral
 
 
12. Records of communications between PG Sittenfeld and Patrick Duhaney between November 20, 2018 and December 2, 2019 that
include any of the following terms or subject matters:
a. Coalition Opposed to Additional Spending and Taxes or COAST;
b. Twitter, tweet, or tweets;
c. Hunted;
d. Investigate or investigation;
e. Brian Shrive or Shrive;
f. Chris Finney or Finney;
g. Mark Miller or Miller;
 
13. Records of communications between Chris Seelbach and Patrick Duhaney between November 20, 2018 and December 2, 2019 that
include any of the following terms or subject matters:
a. Coalition Opposed to Additional Spending and Taxes or COAST;
b. Twitter, tweet, or tweets;
c. Hunted;
d. Investigate or investigation;
 Case: 1:19-cv-00475-MRB Doc #: 14-2 Filed: 07/02/19 Page: 5 of 5 PAGEID #: 109

e. Brian Shrive or Shrive;

f. Chris Finney or Finney;
g. Mark Miller or Miller;
 
 
“Communications” includes emails, text messages, voicemails, notes, letters, memos, facebook messenger communications, facebook
posts, twitter direct messages, twitter “tweets”, and every other form of communication in any form or format, and all attachments thereto;
and whether sent, received, or kept, using personal or official resources.
 
I request that you provide the records in an electronic format, preferably .pdf. I am prepared to pay up to $30 for this production, if the
anticipated cost will exceed $30, please advise so that I can inspect the records to determine, which if any I wish to have copies of.
 
Please advise whether you intend to continue arguing the question of whether text messages sent, received, or stored on personal cell
phones are records. I’d hope that the Court of Claims’ recent decision in Enquirer v. Cincinnati, convince you of the fallaciousness of such
argument.
 
Thank you,
 
Brian C. Shrive, Esq.
FINNEY LAW FIRM, LLC
4270 Ivy Pointe Boulevard, Suite 225
Cincinnati, Ohio 45245
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.