COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                       COUNTY OF CUYAHOGA
                            NO. 72133
STATE OF OHIO EX REL. CLEVELAND    :         ORIGINAL ACTION
TEACHERS UNION, LOCAL 279, AFL-CIO :
                                   :          JOURNAL ENTRY
                    Relator        :
                                   :                AND
       vs.                         :
                                   :              OPINION
CITY OF CLEVELAND, ET AL.          :
                                   :
                    Respondents    :
                                   :
DATE OF ANNOUNCEMENT
OF DECISION:                       AUGUST 14, 1997
CHARACTER OF PROCEEDING:           WRIT OF MANDAMUS
JUDGMENT:                          WRIT DENIED.
DATE OF JOURNALIZATION:
APPEARANCES:
For Relator:                       JAMES A. CIOCIA
                                   1950 Lee Road
                                   Cleveland Heights, Ohio 44118
For Respondents:                   SHARON SOBOL JORDAN
                                   Director of Law
                                   LESSIE M. MILTON
                                   Chief Counsel
                                   601 Lakeside Avenue
                                   Room 106, City Hall
                                   Cleveland, Ohio 44114
                                2
O'DONNELL, J.:
     Relator, the Cleveland  Teachers Union, Local 279,  AFL-CIO,
filed a complaint in mandamus to compel Respondents, the City  of
Cleveland and  Mayor Michael R.  White, to  make certain  records
available for  inspection  and  copying:  specifically,  official
records of  the  Cleveland City  School  District, those  of  the
Superintendent  of  the Cleveland  City  Schools  and  the  State
Department of Education, and Cleveland Tomorrow, copies of  which
had been forwarded to Mayor White, and also seeking survey results
of a poll taken by the Triad Research Group at his request.
     Our court conducted  a guidelines hearing on March 18,  1997
and, subsequently, Respondents filed an index of records  listing
all documents previously provided to Relator, those provided with
redactions, and those withheld; thereafter, the parties submitted
briefs regarding all issues.   Respondents then delivered,  under
seal, copies of the twelve withheld records at issue in this case
for the purpose  of an in-camera  inspection, asserting that  all
other requested records had been provided to Relator.  These twelve
records can be separated into three distinct categories: (1) those
regarding  Cleveland School  Board strike  contingency plans  and
memos;  (2)  those which  Respondents  claim  are  privileged  as
communications between Respondents and legal counsel; and (3) the
result of the survey commissioned by Mayor White.
     The first category consists of three documents which appear as
items 129,  131 and 132  in Respondents' index  of records.   The
Relator in this case stated in its brief that it agreed to hold the
                                3
issue of access to these records in abeyance pending the outcome of
this court's decision in State ex rel. Cleveland Police Patrolmen's
Association v. City of Cleveland, App. No. 71346, and, hence, has
waived our review of documents 129, 131 and 132, since the issue of
whether these are public records is pending in that case.
     The second category consists of eight documents which appear
as items 77, 79, 81, 124,  125, 126, 127 and 128 in  Respondents'
index. Our in camera inspection of the eight documents under seal
to this court  demonstrates that respondent has no obligation  to
disclose them  for inspection  and copying  because Revised  Code
149.43(A)(1)(o) provides the limited exception that communications
between an  attorney and client are  exempt from disclosure of  a
requested public record.  See Woodman v. Lakewood (1988), 44 Ohio
App.3d 118.   We  find that  the subject  matter therein  clearly
relates to legal advice communicated by counsel to client.  State
ex rel. Natl. Broadcasting Co. v. Cleveland (1992), 82 Ohio App.3d
202; State ex rel. Allright Parking of Cleveland, Inc. v. Cleveland
(Mar. 1, 1991), Cuyahoga App. No. 57881, unreported.
     The third  category  consists of  the  results of  a  survey
unrelated to the office of Mayor, which Mayor White, as a private
citizen, commissioned and paid for with private funds.  This does
not constitute  a public  record as  defined by  R.C. 149.43  and
149.011(G) and is not subject to disclosure.  See  State ex  rel.
Mazzaro v. Ferguson (1990), 49 Ohio St.3d 37.
     Accordingly, the  writ of mandamus  is denied and  Relator's
request for attorney fees is also denied.  The Clerk is directed to
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reseal all the documents delivered to this court and  Respondents
may  retrieve them  at  the  conclusion of  this  litigations  or
following appeals.
     Judgment for Respondent.
     Costs to Relator.
SWEENEY, C.J., and
KARPINSKI, J., CONCUR
.