COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 74685 S/O EX REL., CLIFFORD HAIRSTON : : ORIGINAL ACTION : Relator : : -vs- : JOURNAL ENTRY : AND : OPINION POLICE CHIEF, CITY OF CLEVELAND : : Respondent : : DATE OF ANNOUNCEMENT : JUNE 30, 1998 OF DECISION : CHARACTER OF PROCEEDING Petition for writ of Mandamus JUDGMENT : Petition Dismissed. DATE OF JOURNALIZATION : APPEARANCES: For Relator: Clifford Hairston, Pro Se Inmate No. 320-274 Madison Correctional Institute P.O. Box 740 London, Ohio 43140 For Respondent: Sylvester Summers, Jr., Esq. Law Director Room 106 - City Hall 601 Lakeside Avenue Cleveland, Ohio 44114 MICHAEL J. CORRIGAN, J.: On June 15, 1998, the relator, Clifford Hairston, commenced this public records mandamus action pursuant to R.C. 149.43 against -2- the respondent, the Police Chief of the Cleveland Police Department, to compel the release of all police reports, identification procedures, related to arrest 1-9-95 for robbery. Sua sponte, for the following reasons, this court dismisses this action. First, Mr. Hairston failed to support his petition with an affidavit specifying the details of the claim as required by Local Rule 8(B)(1). State ex rel. Wilson v. Calabrese (Jan. 18, 1996), Cuyahoga App. No. 70077, unreported and State ex rel. Smith v. McMonagle (July 17, 1996), Cuyahoga App. No. 70899, unreported. Next, Mr. Hairston failed to comply with Civil Rule 10(A) which requires that the complaint include the addresses of all the parties. Mr. Hairston omitted his own address. Such a deficiency alone warrants dismissal. State ex rel. Simms v. Sutula (Aug. 21, 1997), Cuyahoga App. No. 72896, unreported and State ex rel. Calloway v. Cuyahoga County Court of Common Pleas (Aug. 21, 1997), Cuyahoga App. No. 71652, unreported. Furthermore, the complaint is deficient as it relates to public records. Mr. Hairston failed to aver that he has previously requested the relevant records and that he was denied them. R.C. 149.43(C) explicitly conditions mandamus upon a governmental unit's failure to make records available pursuant to law. This failure to plead a claim fully is fatal. State ex rel. Temke v. Outcalt (1977), 49 Ohio St.2d 189, 360 N.E.2d 701 and State ex rel. Smith v. Cuyahoga County Court of Common Pleas (July 3, 1997), Cuyahoga App. No. 72381, unreported. -3- Although Mr. Hairston did not provide his address on the complaint, the inclusion of the number 320-274 established that he is in prison. Moreover, he did not aver that he had a designee who could inspect, copy or obtain the requested records from the respondent at the Cleveland Police Department. Under R.C. 149.43, State ex rel. Fenley v. Ohio Historical Society (1992), 64 Ohio St.3d 509, 597 N.E.2d 120 and State ex rel. Nelson v. Fuesrt (1993), 66 Ohio St.3d 47, 607 N.E.2d 836, the respondent has no duty to send records by mail or to respond to requests by mail. Fenley and its progeny have held that mandamus does not lie to compel custodians of public records to mail such records to requesters because the duty to mail is not explicitly stated in R.C. 149.43. The statute requires only that the records be made available for inspection and copying during regular business hours. The word availableis not synonymous with available by mail. Thus, Mr. Hairston's imprisonment and his lack of a designee leave him unable to compel production under the public records act. Currently, the respondent does not have a duty to fulfill. Finally, most, if not all, of the requested records are police investigatoryrecords, and under State ex rel. Steckman v. Jackson (1994), 70 Ohio St.3d 420, 639 N.E.2d 83, such records are exempt from disclosure. Mr. Hairston's reliance on the language in Steckmanthat such records lose their exemption upon the conclusion of all trials, actions and proceedings is misplaced because the Supreme Court in Steckman recognized that the multiple avenues for appeal, post-conviction relief, habeas corpus and retrial mean that -4- a trial is rarely, if ever, fully completed. Thus, the quoted language, rather than signaling when the records become public, actually seals the records indefinitely. Accordingly, the above-captioned mandamus action is dismissed. Costs assessed against relator. ANN DYKE, PRESIDING JUDGE AND KENNETH A. ROCCO, J., CONCUR JUDGE MICHAEL J. CORRIGAN .