It is the City’s policy that openness leads to a better informed citizenry, which leads to better government and better public policy. To achieve this, the City strictly adheres to the state's Public Records Act. All exemptions to openness are to be construed in their narrowest sense and any denial of public records in response to a valid request must be accompanied by an explanation, including legal authority, as outlined in the Ohio Revised Code. If the request is in writing, the explanation must also be in writing.
(Ord. 162-07. Passed 12-26-07.)
(a) The City of Avon, in accordance with the Ohio Revised Code, defines records as including the following: Any document – paper, electronic (including, but not limited to, e-mail), or other format – that is created or received by, or comes under the jurisdiction of a public office that documents the organization, functions, policies, decisions, procedures, operations, or other activities of the office. All records of such office are public unless they are specifically exempt from disclosure under the Ohio Revised Code.
(b) It is the policy of the City of Avon that, as required by Ohio law, records will be organized and maintained so that they are readily available for inspection and copying (See Section 209.05 for the e-mail record policy).
(Ord. 162-07. Passed 12-26-07.)
Each request for public records will be evaluated for a response using the following guidelines:
(a) Although no specific language is required to make a request, the requester must at least identify the records requested with sufficient clarity to allow the public office to identify, retrieve, and review the records. If it is not clear what records are being sought, the records custodian must contact the requester for clarification, and should assist the requestor in revising the request by informing the requestor of the manner in which the office keeps its records.
(b) The requester does not have to put a records request in writing, and does not have to provide his or her identity or the intended use of the requested public record. It is this office's general policy that this information is not to be requested.
(c) Public records are to be available for inspection during regular business hours, with the exception of published holidays. Public records must be made available for inspection promptly. Copies of public records must be made available within a reasonable period of time. "Prompt" and "reasonable" take into account the volume of records requested; the proximity of the location where the records are stored; and the necessity for any legal review of the records requested.
(d) Each request should be evaluated for an estimated length of time required to gather the records. Routine requests for records should be satisfied immediately if feasible to do so. Routine requests include, but are not limited to, meeting minutes, budgets, salary information, forms and applications, personnel rosters, etc. If fewer than 20 pages of copies are requested or if the records are readily available in an electronic format that can be e-mailed or downloaded easily, these should be made as quickly as the equipment allows.
(e) All requests for public records must either be satisfied promptly or be acknowledged in writing within three business days following the office's receipt of the request. If a request is deemed significantly beyond "routine," such as seeking a voluminous number of copies or requiring extensive research, the acknowledgment must include the following:
(1) An estimated number of business days it will take to satisfy the request.
(2) An estimated cost if copies are requested.
(3) Any items within the request that may be exempt from disclosure.
(f) Any denial of public records requested must include an explanation, including legal authority. If portions of a record are public and portions are exempt, the exempt portions are to be redacted and the rest released. If there are redactions, each redaction must be accompanied by a supporting explanation, including legal authority.
(Ord. 162-07. Passed 12-26-07.)
Those seeking public records will be charged only the actual cost of making copies. The costs for public records are as follows:
(a) 8-1/2 x 11, 8-1/2 x 14 or 11 x 17 inch paper is ten cents ($.10) per page. There shall be no charge for copies on 8-1/2 x 11, 8-1/2 x 14 or 11 x 17 inch paper that does not exceed 19 pages.
(b) Certified copies of any written document shall be one dollar ($1.00) per page.
(c) The charge for wide-format paper copies is fifty cents ($.50) per square foot. 24 x 36 inches is three dollars ($3.00) per sheet (6 square feet x fifty cents ($.50) per sq. ft.) 24 x 48 inches is four dollars ($4.00) per sheet (8 square feet x fifty cents ($.50) per sq. ft.)
(d) The charge for downloaded computer files to a compact disc is two dollars ($2.00) per disc.
(e) There is no charge for documents e-mailed, except in the instance when paper larger than 11 x 17 is scanned and then e-mailed. In this instance, the charge is two dollars ($2.00) per file e-mailed.
(f) Requesters may ask that documents be mailed to them. They will be charged the actual cost of the postage and mailing supplies.
(g) Any cost for materials incurred by the City to fulfill a public records request will be the responsibilty of the requester.
(Ord. 162-07. Passed 12-26-07; Ord. 30-13. Passed 3-11-13; Ord. 129-13. Passed 11-11-13.)
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