Beruflich Dokumente
Kultur Dokumente
(“Relator”), and, in support of its claim for the issuance of a writ of mandamus and an award of
1. This is an action for a writ of mandamus pursuant to the Public Records Act, R.C. §
149.43, to compel Respondents to comply with their legal duty to produce copies of public records
in their possession, custody, or control. Generally speaking, the public records at issue are:
• the resignations of police officers with the Perry Township Police Department
between October 1, 2018 and October 19, 2018;
• the meeting minutes of all meetings of the Perry Township Board of Trustees from
October 1, 2018 to February 25, 2019;
• the notices issued all meetings of the Perry Township Board of Trustees from October
1, 2018 to February 25, 2019;
• the records retention schedule of Perry Township, in effect from October 1, 2018 to
present.
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2. This Court possess subject matter jurisdiction over this original action pursuant to
3. Relator BONNIE BERTELSON is a taxpayer and resident of the State of Ohio, residing
politic and corporate, and, pursuant to Ohio Rev. Code § 503.01, has the capacity to sue and be
sued.
County, Ohio.
County, Ohio.
9. Together, Mr. SEIM, Mr. PRICE and Ms. MEARS are the three members of the Perry
10. Respondent RHONDA BEHNKEN is the township fiscal officer for Perry Township,
11. Mr. SEIM, Mr. PRICE, Ms. MEARS and Ms. BEHNKEN are “public officials” as
12. Individually or collectively, the Respondents have possession, custody or control of the
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Public Records Request
14. On March 4, 2019, Ms. BERTELSON, by and through her attorney, submitted written
requests to obtain copies of the public records of PERRY TOWNSHIP (hereinafter, the “Public
Records Requests”).
15. True and accurate copies of the Public Records Requests are attached hereto as Exhibits
1 to 4.
16. The Public Records Requests were tendered to each of the Respondents via certified
17. On March 6, 2019, each of the Public Records Requests were received and signed for
18. True and accurate copies of the Signed Return Receipts are attached hereto as Exhibits
5 to 8.
BERTELSON (or her attorney) with regard to the Public Records Requests.
20. To date, Respondents have failed to provide any records to Ms. BERTELSON (or her
21. The records sought pursuant to the Public Records Requests were created or received
22. The records sought pursuant to the Public Records Requests serve to document the
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23. The records sought by Relator pursuant to the Public Records Requests constitute
24. In failing to provide any of the public records responsive to the Public Records
Requests within a reasonable period, Respondents have effectively denied the Public Records
Requests.
25. In denying the Public Records Requests, Respondents have failed to comply with the
clear legal duties imposed upon them by the Public Records Act.
26. In denying the Public Records Requests, Respondents have failed to comply with the
clear legal duties imposed upon them by the Public Records Act to provide a written explanation,
including legal authority, setting forth why the Public Records Requests were denied.
27. Respondents are the public office or persons responsible for the public records sought
28. Ms. BERTELSON has a clear legal right to copies of the public records pursuant to the
29. Respondents have a clear legal duty to provide to Ms. BERTELSON copies of the
30. Relator has no adequate remedy in the ordinary course of law to obtain copies of the
31. The Public Records Act specifically provides for the issuance of a writ of mandamus
to compel a public office or person responsible for requested public records to comply with the
legal obligations imposed by the Public Records Act, including providing copies of requested
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32. There is no legally valid excuse for the continued refusal of Respondents to provide the
public records requested pursuant to Public Records Requests nor to comply with the other legal
33. The public records sought pursuant to the Public Records Requests would allow
provide a public benefit by exposing to public view and scrutiny certain aspects of the operations
34. 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 relating to their duties under the Public Records Act.
35. 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
officials with the terms of the Public Records Act, as well as court decisions thereon.
36. The issuance of a writ of mandamus will serve the public interest and provide a public
benefit by ensuring that the Respondents and other public officials operate openly so that such
WHEREFORE, Relator seeks the issuance of a Peremptory Writ of Mandamus or, in the
legal duties under the Public Records Act, including, without limitation, immediately providing to
Relator copies of all of the public records requested in the Public Records Requests, 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.
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Respectfully submitted,
PRAECIPE TO CLERK
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March 11, 2019
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assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811.
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Washington, D.C. 20260-0004
The following is in response to your request for proof of delivery on your item with the tracking number:
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Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional
assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811.
Sincerely,
United States Postal Service®
475 L'Enfant Plaza SW
Washington, D.C. 20260-0004
The following is in response to your request for proof of delivery on your item with the tracking number:
9314 8699 0430 0056 4187 54.
Item Details
Weight: 1.0oz
Destination Delivery Address
Signature of Recipient:
Address of Recipient:
Note: Scanned image may reflect a different destination address due to Intended Recipient's delivery instructions on file.
Thank you for selecting the United States Postal Service® for your mailing needs. If you require additional
assistance, please contact your local Post Office™ or a Postal representative at 1-800-222-1811.
Sincerely,
United States Postal Service®
475 L'Enfant Plaza SW
Washington, D.C. 20260-0004