EDITOR'S NOTE:  The Youngstown law department released a copy of this report on Thursday, 10/6, after the police department closed it's investigation into the stop. As detailed in the story below, the report was a public record prior to the closing of the investigation, but the department refused to release it earlier. The investigation into Ellis did not yield enough evidence to file any sort of charge against him, which is why 21 News is not reporting on the specifics in the report. 
 
 
Larry Ellis, a teacher in the Youngstown city school district and former YEA president, was placed on leave following a citation on September 5, but the Youngstown law department is withholding information about the traffic stop that led to the suspension. 
 
Ellis was cited on September 5 for "351.03(N) PSP SIGN OR YELLOW CURB (MISDEMEANOR 4TH DEGREE). 
 
Youngstown municipal court records indicate Ellis was issued a fine, which was paid the following Monday, September 9. 
 
When 21 News contacted the Youngstown police records room to get a copy of the police report from the stop, the records room indicated that there was more to the stop than the traffic matter, but that they could not release the report until they’d gotten approval from the law department to do so. This is not an uncommon occurrence and is usually done to make sure any redactions that are required by law are met before a report is released. 
 
However, when 21 News contacted the law department, senior assistant law director Jason Small declined to release the report. 
 
Under Ohio’s public records laws, police incident reports are public records, although they can be subject to redactions. For example, in the case of the report filed alleging hazing by members of the Ursuline football team, nearly the entire narrative was blacked out, along with all names and locations. 
 
In the case of the Ellis report, Small initially replied to a request for the report by saying “I hate to be a broken record, but that matter is currently being investigated as well. The investigation is not subject to public disclosure at this time.
 
“I'm not trying to be obstinate or difficult. If we could release the information, I absolutely would do so. But exceptions to public record disclosures clearly apply in this circumstance, namely CLIERS (sic).” 
 
CLEIRS stands for Confidential Law Enforcement Investigative Records. Ohio law permits police agencies to withhold things like investigatory notes and other sensitive information related to open investigations. This is not generally used as a blanket exemption to withhold an entire report, though, but rather only a guideline as to what portions must be redacted. 
 
A subsequent phone call to Small   resulted in him citing Marsy’s law as the reason for withholding the report. Marsy’s law is a law that protects certain victim information from being made public, but it also not generally used as a blanket exemption, but rather a guide to redactions. 
 
Ohio’s Sunshine Law Manual, issued by the Attorney General’s office annually, requires the following: 
 
“To the extent any doubt or ambiguity exists as to the applicability of an exemption, the public records law will be liberally interpreted in favor of disclosure.” 
 
On 9/12, Small replied to another inquiry about this report and replied: 
 
“I understand. This may have to wait until Monday, but I'm hoping to resolve it then I got something going on right now.” 
 
Monday came and went without any acknowledgment of the request, but on Tuesday, 9/16, Small said he would have a response by the end of the day. That also never came. 
 
Since then, he has not offered any additional follow up, although his boss, law director Lori Shells Simmons, said in a phone call on 9/26 that she would speak to Small and get us either a redacted copy of the report or a citation of the law that would exempt this entire report from public view by Monday 9/29.
 
Simmons asked that 21 News call her at 11 a.m. on Monday to follow up. 
 
However, when that call was made, Simmons sent it to voicemail and sent a text saying she would call back. 
 
A follow up email was sent to Simmons letting her know that if she was too busy for a phone call, she could reply with the report or the reason for the exemption via email, but that a story would be published either way. 
 
As of close of business on Monday, Simmons has not returned the call or replied to the email and the report remains kept from public view. 
 
21 News will continue to pursue this matter until it's made clear what transpired during that stop that led to Ellis being placed on leave. 
 
Calls and emails to the Youngstown City School District on Monday have not been returned to get an update on Ellis status with the district.