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agree with personally. He added that the police have many serious issues to investigate and that <br /> they should close them out before getting to issues related to abortion. He concluded with the <br /> notion that the legislation focuses on how the city is deciding to spend its resources. <br /> Chair Shachner asked Chief Kaucheck if he had any questions on how the police department <br /> would be able to comply with the ordinance. Chief Kaucheck stated that his department is bound <br /> to the law and will need guidance on what makes abortion related calls a lower priority. He was <br /> unsure on whether the ordinance supersedes state law. Chair Shachner responded by stating that <br /> the legislation does not say abortion related calls are to be made a lower priority. He continued to <br /> clarify the language of the ordinance and recited sections of it. <br /> Chief Kaucheck reiterated that his department is bound to state law and acknowledged Mr. <br /> Baker's example about not issuing marriage licenses. Chair Shachner stated that issuing marriage <br /> licenses affects a personal right and asked what right is affected by not storing or cataloging Al- <br /> b in the legislation until all other felony or misdemeanor cases are closed. Chief Kaucheck <br /> responded that it is a matter of which laws are going to be enforced or not. <br /> Mr. Shachner asked whether the police would investigate a claim as to whether someone had a <br /> miscarriage or believed someone had an abortion, and whether the department would subpoena <br /> phone or abortion records. Chief Kaucheck stated he was unsure, and that each investigation is <br /> different. He added that it ultimately comes down to what the county prosecutor thinks, noting <br /> that there is no use for an investigation if the county won't do anything about it. He stated his <br /> belief that Ohio law supersedes local law. <br /> Mr. Shachner stated his opinion that what constitutes general law or police regulation does not <br /> also make it a police power. Chief Kaucheck stated that he is not comfortable picking and <br /> choosing what laws to follow, and that there are other crimes that people might not want <br /> investigated. Mr. Shachner asked if the city's police investigate every report that is received. <br /> Chief Kaucheck responded that his department looks for solvability factors. <br /> Director Corrigan stated he is still attempting to get a grasp on the legislation, stating that it <br /> attempts to codify policy. He continued to say that part of policy is discretion, and that the police <br /> and law department have discretion in investigations and prosecutions. He concluded by noting <br /> that this is the first time the administration has seen the new version of the legislation and needs <br /> to review the changes. <br /> Assistant Director Swallow asked questions regarding subsection A to understand its intent. Mr. <br /> Shachner replied that the items enumerated in Al-6 not be investigated unless all other felonies <br /> or misdemeanors were closed. <br /> Assistant Director Swallow stated that the legislation cannot circumvent the Public Records Act <br /> and that the city is required to store records in a manner that are retrievable. She iterated that the <br /> police have a duty to investigate and make arrests. Under the Ohio Revised Code, it is a crime <br /> for a peace officer to refuse to comply with the law. She stated that a refusal to comply opens the <br /> city and individual officer up to liability, and dereliction of duty offenses, which are an M2 under <br /> the state code. <br /> 3 <br />