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Cu7ifi of Courtt SUI^Reiyi E COURT OF IN THE SUPREME COURT OF OHIO STATE OF OHIO EX REL. JEFF1tEY L. GLASGOW CASE NO. 07-1411 Relator, v. ORIGINAL ACTION FOR WRIT OF MANDAMUS REPRESENTATIVE JOSH MANDEL, et aL, Respondents. RESPONDENT SHANNON JONES' SUBMISSION OF EVIDENCE AARON M. GLASGOW (0075466) MARC DANN 145 E. Rich Street Attorney General of Ohio Columbus, OH 43215 Telephone: (614) 228-4546 SHARON A. JENNINGS (0055501) Facsimile: (614) 228-1472 Counsel ofRecord PEGGY W. CORN (0042197) Counselfor Relator Assistant Attorneys General Constitutional Offices Section 30 East Broad Street, 16"' Floor Columbus, OH 43215 Telephone: (614) 466-2872 Facsimile: (614) 728-7592 [email protected] [email protected] Counselfor Respondents J CU7ifi Of COUrtT SUI^REiYi "w`°---^-°--_e^_E COURT OF OHIO IN THE SUPREME COURT OF OHIO STATE OF OHIO EX REL. JEFFREY L. GLASGOW CASE NO. 07-1411 Relator, ORIGINAL ACTION FOR WRIT OF MANDAMUS REPRESENTATIVE JOSH MANDEL, et al., Respondents. RESPONDENT SHANNON JONES' SUBMISSION OF EVIDENCE Pursuant to S. Ct. Prac, R. X, Section 7, Respondent Shannon Jones respectfully submits the following as evidence in this case, in addition to the separately filed Joint Stipulation of Evidence: I. Exhibit 1, the Affidavit of Representative Shannon Jones. 2. Exhibit 2, the Affidavit of Walt Lowe.Exhibit 2. 3. Exhibit 3, the Affidavit of Dusten Kohlhorst, plus attachments. Respeetfully submitted, MARC DANN Attorney General of Ohio ^ ^ SITARON A. JENNI^OGS(005551 Counsel ofRecord PEGGY W. CORN (0042197) Assistant Attorneys General Constitutional Offices Section 30 East Broad Street, 16th Floor Columbus, OH 43215 Telephone: (614) 466-2872 Facsimile: (614) 728-7592 Counsel for Respondent CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Respondents' Submission of Eviderice was served by regular U.S. mail, postage prepaid, this 22id dayof January, 2008 upon: Aaron M. Glasgow 145 E. Rich Street Columbus, OH 43215 Counselfor Relator Sharon A. Jennin Assistant Attomey General 2 IN THE SUPREME COURT OF OHIO STATE OF OHIO EX REL. JEFFREY L. GLASGOW CASE NO. 07-1411 Relator, v. ORIGINAL ACTION FOR WRIT OF MANDAMUS REPRESENTATIVE JOSH MANDEL, et aL, Respondents. AFFIDAVIT OF REPRESENTATIVE SHANNON JONES AARON M. GLASGOW (0075466) MARC DANN 145 E. Rich Street Attorney General of Ohio Columbus, OH 43215 Telephone: (614) 228-4546 SHARON A. JENNINGS (0055501) Facsimile: (614) 228-1472 Counsel of'Record PEGGY W. CORN (0042197) Counsel.for Relator Assistant Attorneys General Constitutional Offices Section 30 East Broad Street, 160' Floor Columbus, OH 43215 Telephone: (614) 466-2872 Facsimile: (614) 728-7592 si enningsgae. state. oh. us [email protected] Counsel for Respondents EXHIBIT I ii IN THE SUPREME COURT OF OHIO STATE OF OHIO EX REL. JEFFREY L. GLASGOW CASE NO. 07-1411 Relator, v. ORIGINAL ACTION FOR WRIT OF MANDAMUS REPRESENTATIVE JOSH MANDEL, et al., Respondents. AFFIDAVIT OF REPRESENTATIVE SHANNON JONES I, Shannon Jones, being over 18 years of age and under no disability, testify from personal knowledge as follows: 1) I currently hold the elected position of Representative to the Ohio House of Representatives from the 67h District, which consists of parts of Warren County, Ohio. My term began on January 1, 2007. 2) Prior to being elected to this position, I was a staff person for Senator Mike Dewine. I was also previously a staff person for Representative Steve Chabot. Those offices are expressly exempt from the requirements of FOIA, the federal Freedom of Information Act. 3) As a Representative, I act as the representative for the citizens of my district in the Ohio House of Representatives. In order to carry out my obligations as a representative, I consider and vote upon and sponsor legislation, and communicate with other legislators and legislative staff regarding pending legislation. In addition, I cotnmunicate with my constituents on matters of concern to them. I also communicate with other citizens who may have an interest in pending legislation. 4) As a Representative, the Ohio House of Representatives provides me with an office in the Riffe Center in Columbus. The expenses of that office, including the cost of the space, phone service, computers, office supplies, furnishings, etc., are paid by the Ohio House of Representatives. When I am in Columbus, I use this office to carry out the functions of my position. However, I also work on legislative matters while I am at home in my 1 district or out of the office. Even when not in my office in Columbus, I may be reading materials related to my position as legislator or communicating with other legislators, constituents, or concerned citizens. As a Representative I am never off-the-clock, and am responsible for carrying out my duties at any time, and on any day of the week. As a representative I have the ability to hire a legislative aide. From January 1, 2007 until July 15, 2007; my legislative aide was Walt Lowe. During this time period, Walt was the only full-time employee in my office. Walt was a full-time employee paid by the Ohio House of Representatives who worked at least 40 hours a week in my office in Columbus. As a legislative aide, his job duties included assisting me with a variety of tasks related to my duties as Representative. His job duties included assisting me with responding to constituent requests, answering the phone, assisting me with responses and communications with other legislators and public offices, scheduling, and maintaining office files. From January 1, 2007, until July 15, 2007, Walt Lowe was my only staff member. 6) In general, from January 1, until July 15, 2007, my office files were maintained by subject matter or Bill number. Responses to constituents were organized by either the name of the constituent or, if related to pending legislation, in folders organized by bill number. During this time period, my office did not maintain a chronological correspondence file. 7) From January 1, 2007 until July 15, 2007, I had an official e-mail account, shannon:[email protected], which is published on interoffice directories and is available in the Ohio House of Representative's network address book. I also have access to a second account, [email protected], which is an account that is linked to the official Ohio House of Representatives' website, and to which anyone may post any matter that they wish to bring to my attention. This account is used for posting only, and responses, if any, would be sent from a different account. 8) My e-mails have been maintained in the following manner. On occasion, certain e-mails may have been printed and a hard copy filed in either a bill file or a constituent file. Other e-mails may have been deleted as transient or personal in nature prior to the filing of this action. To the best of my knowledge, all e-mails and correspondence from January 1, 2007 until June 14, 2007 have been retained since the date we received Mr. Glasgow's public records request. 9) I am aware that personal use of state computers or state e-mail accounts is generally improper, except for occasional inciderital use, such as making lunch arrangements. This is especially true regarding political or 2 campaign activities. Any use of state resources for political or campaign activities would be not only improper, but illegal or unethical. 10) I also have a personal e-mail account from AOL, which I opened approximately nine years ago. I use this account for a variety of personal reasons, such as to correspond with my friends and family members, for my political activities, and to communicate when I am out of the office. I established this account for my own personal use and convenience, and no one else has access to this account. One of the reasons that I use this account is to avoid using my official accounts for personal or improper purposes. I do not use this account to attempt to avoid my obligation to maintain public records. If I receive an attachment to an e-mail to my personal account that should be maintained as a public record, I print the document and maintain it in my office files. If I forward an e-mail from this account to either my official account or to my legislative aide, that e- mail is maintained in those accounts. If I carbon copy my legislative aide on an e-mail sent on this account, that e-mail is maintained in the aide's official account. 11) I have a personal cellphone. I purchased this cellphone with personal funds, and pay for my cellphone service with personal funds. I am not reirnbursed by the Ohio House of Representatives for any portion of these costs. I purchased this cellphone for my own personal use and convenience, and no one else uses or has access to my cellphone. I use my cellphone to communicate with friends and family members, for my political activities, and to communicate when I am out of the office. My cellphone has texting capabilities. Due to the limitations inherent in the use of this medium, my text messages are informal and conversational in nature. 12) I have a Blackberry, which I've had since approximately the summer of 2005. At that time, I paid for the device and related services with personal funds. I am currently reimbursed by campaign funds for the costs of maintaining this service. I have never been reimbursed by the Ohio House of Representatives for any portion of these costs. My device is linked to my personal AOL account and my personal cellphone number, and not to my office e-mail account.
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