The following shall be the Public Records Policy for the City of Bedford Heights:
CITY OF BEDFORD HEIGHTS
PUBLIC RECORDS POLICY
Introduction: It is policy of the City of Bedford Heights that openness leads to a better informed citizenry, which leads to better government and better public policy. It is the policy of the City of Bedford Heights to strictly adhere 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.
(a) Public Records. The City of Bedford Heights 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 the City of Bedford Heights are public unless they are specifically exempt from disclosure under the Ohio Revised Code.
(1) It is the policy of the City of Bedford Heights that, as required by Ohio law, records will be organized and maintained so that they are readily available for inspection and copying (See subsection (d) hereof for the e- mail record policy). Record retention schedules are to be updated regularly and posted prominently.
(b) Records Requests. Each request for public records should be evaluated for a response using the following guidelines:
(1) 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.
(2) 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 the general policy of the City of Bedford Heights that this will be communicated to the requester. If the office asks that a request be made in writing, for the requester’s name and/or about the intended use of the records, the office must disclose to the requester that compliance is not required but that such information would enhance the ability of the office to comply with the request.
(3) Public records are to be available for inspection during regular business hours, with the exception of City 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.
(4) Each request should be evaluated for an estimated length of time required to gather the records. Routine requests for records should be satisfied without delay, if feasible to do so. Routine requests include, but are not limited to, meeting minutes (both in draft and final form), budgets, salary information, forms and applications, personnel rosters, etc. If fewer than 26 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.
All requests for public records must either be satisfied (see subsection (b)(4) hereof) or be acknowledged in writing by the City of Bedford Heights within a reasonable time 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 acknowledgement must include the following:
A. An estimated number of business days it will take to satisfy the request.
B. An estimated cost if copies are requested.
C. Any items within the request that may be exempt from disclosure.
If at any time prior to satisfying the request, the City believes their response will take longer than initially estimated, the requester will be informed of this change.
(5) 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.
(6) In processing the request, the City of Bedford Heights does not have an obligation to create new records or perform any new analysis of existing information.
(7) In processing a request for inspection of a public record, an employee must accompany the requestor during inspection to make certain original records are not taken or altered.
(8) Should a requester or an employee have a question about this Public Records Policy or a specific public record or if a request is for records that may be exempt or prohibited from disclosure, or if the request presents a high probability of litigation or any other unique issue, the recipient of the request is to contact the City of Bedford Heights Law Department Secretary at 440-786-3213 as the request is being processed. The Law Department will assist in processing the request.
(c) Cost for Public Records. Those seeking public records will be charged only the actual cost of making copies, not labor. The requester may choose whether to have the record duplicated upon paper, upon the same medium in which the public record is kept, or upon any other medium upon which the public office determines that it reasonably can be duplicated as an integral part of its normal operations. A requester may be required to pay in advance for costs involved in providing a copy of public records.
(1) The charge for paper copies is 5 cents per page as follows:
For the first through 25th photocopy page up to 8 ½” X 14” – No charge
For the 26th or more photocopy page up to 8 ½” X 14” $.05 per photocopy including from the first photocopy (two-sided photocopies shall be charged at the rate of $.10 per sheet).
A. There shall be a charge of $.50 per certification for certifying copies.
B. Charges may be set for codifications, such as the Codified Ordinances and the Planning and Zoning Code.
(2) There is no charge for documents e-mailed.
(3) The charge for downloaded computer files to a compact disc is the replacement cost of the disc.
(4) The charge for video or cassette tapes is the replacement cost for the tapes and/or the reproduction (copying) cost for the tapes.
(5) Requesters will be charged developing and postage fees for photographic prints at the time such photographic prints are requested in addition to their copy charges.
(6) For any other type of media or for copies larger that 8 ½” X 14”, the fee is the City’s actual replacement or reproduction cost for the particular media.
(7) Requesters may receive copies by hand delivery or ask that documents be mailed to them. Public records requests for one to 25 pages will be mailed to the requester and no payment shall be required for the request. The requester They will may be charged the actual cost of the postage and mailing supplies for requests that exceed 25 copies.
(8) Public records requests that exceed 25 photocopy pages up to 8 ½” X 14” or are requested on other media including larger than 8 ½” X 14” will require payment from the requester. An invoice shall be prepared that indicates the number of pages or other media and the fees. Public records requests that exceed 50 pages or are produced on other media shall require prepayment by the requester. A prepayment invoice shall be prepared and provided to the requester. Upon receipt of payment, the requested record shall be provided to the requester. All accounts established in accordance with this procedure shall be paid within 30 days from the date of billing. Account holders who fail to pay for public records received shall be classified as delinquent. Delinquent Payment Notices shall be mailed to all accounts that are past due. The notice will notify the account holders that until full payment is received the City will not respond or process any further mailed-in requests from the account holder.
(d) E-mail. Documents in electronic mail format are records as defined by the Ohio Revised Code when their content relates to the business of the office. E-mail is to be treated in the same fashion as records in other formats and should follow the same retention schedules.
(1) Records in private e-mail accounts used to conduct public business are subject to disclosure, and all employees or representatives of this office are instructed to retain their e-mails that relate to public business (see subsection (a) hereof) and to copy them to their business e-mail accounts and/or to their records custodian.
(2) The records custodian is to treat the e-mails from private accounts as records of the public office, filing them in the appropriate way, retaining them per established schedules and making them available for inspection and copying in accordance with the Public Records Act.
(e) Failure to Respond to a Public Records Request. The City of Bedford Heights recognizes the legal and non-legal consequences of failure to properly respond to a public records request. In addition to the distrust in government that failure to comply may cause, the City‘s failure to comply with a request may result in a court ordering the City to comply with the law and to pay the requester attorney’s fees and damages.
(Ord. 2007-258. Passed 12-18-07.)
(Ord. 2007-258. Passed 12-18-07.)