(a) Inspection.
(1) All public records, as well as a copy of the current records retention schedule (Ohio R.C. 149.43(B)(1)) maintained by Canal Winchester shall be promptly prepared and made available for inspection to any person during regular business hours. Promptness is to be determined by the facts and circumstances of each public records request. Regular business hours for Canal Winchester are Monday through Friday (except published holidays), from 8:00 a.m. to 4:30 p.m.
(2) For the purpose of enhancing the ability of Canal Winchester to identify, provide for prompt inspection as well as, provide copies of the requested items in a reasonable period of time, Canal Winchester shall provide to the Requestor a Public Records Request Form (see Attachment “A” to Ordinance 71-07) for the Requestor to complete.
A. “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.
B. Although Canal Winchester may ask the Requestor to make the request in writing, for the Requestor’s identity, and may inquire about the intended use of the information requested, the Requestor shall be advised that:
1. Providing responses to these requests is not mandatory; and
2. The Requestor’s refusal to complete the Public Records Request Form, does not impair the Requestor’s right to inspect and/or receive copies of the public record. (Ohio R.C. 149.43(B)(5)).
C. Any person, including corporations, individuals and even governmental agencies, may request public records, and will be allowed prompt inspection of public records and copies within a reasonable amount of time upon request.
(3) In the event a request is made to inspect and/or obtain a copy of a record maintained by Canal Winchester whose release may be prohibited or exempted by either state or federal law, the request shall be forwarded to Canal Winchester legal counsel for research and/or review. The person submitting the request shall be advised that their request is being reviewed by legal counsel to ensure that protected and/or exempted information is not improperly released by Canal Winchester.
(4) Records, whose release is prohibited or exempted by either state or federal law, or not considered public records as defined by Ohio R.C. 149.43(A)(1), shall not be subject to public inspection.
(b) Copying of Records.
(1) Mailed Requests for Public Records.
A. Upon receiving a written request via the United States Postal Service for copies of a public record made in accordance with Ohio Revised Code Section 149.43, Canal Winchester shall promptly respond to the request.
B. An authorized Canal Winchester Staff member shall, by any means practical, contact the Requestor and advise them that advance payment is required prior to providing copies of public records, and in addition, the fee shall also include the cost of postage and the envelope. (Ohio R.C. 149.43(B)(7)).
C. When practical, Canal Winchester may forward copied records by any other means reasonably acceptable to the Requestor.
1. If a person requests a copy of a public record, Canal Winchester shall permit the Requestor to choose to have the public record duplicated on paper or upon the same medium upon which Canal Winchester maintains the public record or upon any other medium on which the record can reasonably be duplicated as an integral part of the normal operations of Canal Winchester, or the responsible Canal Winchester Staff member for the public record. (Ohio R.C. 149.43(B)(6)(7)).
2. Persons seeking copies of public records are not permitted to make their own copies of the requested records by any means. (Ohio R.C. 149.43(B)(6)). In accordance with Ohio Revised Code 149.43(B)(7), Canal Winchester limits the number of requested public records, to be transmitted through regular United States Mail, to a maximum of ten (10) records per month, unless the Requestor certifies that the records or information in them will not be used for commercial purposes. “Commercial purposes” shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or nonprofit educational research.
D. Authorized Canal Winchester Staff members shall comply with the following procedures upon receiving a valid public record request through the United States Postal Service:
1. Canal Winchester Staff members shall promptly process requests.
2. Requestors shall be charged the postage fees required to properly send the requested records through the mail.
(2) Written or verbal requests for copies made by the public records Requestor or their designee shall be processed in the same manner as mailed requests.
(c) Response and Denials.
(1) Records Not Maintained or No Longer Maintained. If Canal Winchester receives a request for a record that it does not maintain or the request is for a record which is no longer maintained, the Requestor shall be so notified in writing utilizing the Notice of Denial or Redaction Form (see Attachment “B”) that one of the following applies:
A. Their request involves records that have never been maintained by Canal Winchester;
B. Their request involves records that are no longer maintained or have been disposed of or transferred pursuant to applicable Canal Winchester Schedules of Record Retention and Disposition;
C. Their request involves a record that has been disposed of pursuant to an Application of the One-Time Records Disposal;
D. If the record that is requested is not a record used or maintained by Canal Winchester, the Requestor shall be notified that in accordance with Ohio Revised Code 149.40, Canal Winchester is under no obligation to create records to meet public record requests.
(2) Ambiguous or Overly Broad Request for Public Records.
A. Canal Winchester may deny the request if the Requestor makes an ambiguous or overly broad request or has difficulty in making a request for copies or inspection of public records such that the Canal Winchester Staff member responsible for the requested public record cannot reasonably identify what public records are being requested.
B. However, Canal Winchester shall provide the Requestor with an opportunity to revise the request by informing the Requestor of the manner in which records are maintained by Canal Winchester in the ordinary course of business. (Ohio R.C. 149.43(13)(2)).
(3) Denial of a Record Maintained by Canal Winchester. Canal Winchester may deny request for a record maintained by Canal Winchester if:
A. The record that is requested is prohibited from release due to applicable state or federal law.
1. Canal Winchester Staff members shall consult legal counsel if they are unsure as to whether the record requested should be withheld from disclosure.
2. Canal Winchester Staff member may check the appropriate box on the Notice of Denial or Redaction Form if they are simply applying the statutory exclusion.
3. Otherwise, legal counsel will respond with the legal authority for a denial.
B. As governed by Ohio R.C. 149.43(B)(3), if a request is ultimately denied, in part or in whole, Canal Winchester shall provide the Requestor with an explanation, including legal authority, setting forth why the request was denied.
1. If the initial request was provided in writing then the explanation shall also be provided in writing.
2. The explanation shall not preclude Canal Winchester from relying upon additional reasons or legal authority in defending an action commenced pursuant to Ohio Revised Code 149.43.
(4) Redaction of Records.
A. “Redaction” means obscuring or deleting any information that is exempt from the duty to permit public inspection or copying from an item that otherwise meets the definition of a “record” in Ohio Revised Code 149.011. (Ohio R.C. 149.43(A)(11)).
1. A redaction shall be deemed a denial of a request to inspect or copy the redacted information, except if federal or state law authorizes or requires a public office to make the redaction.
(Ohio R.C. 149.43(B)(1)).
2. If a request is ultimately denied, in part or in whole, Canal Winchester shall provide the Requestor with an explanation, including legal authority, setting forth why the request was denied. (Ohio R.C. 149.43(B)(3)).
B. If a public record contains certain information that is exempt from the duty to permit public inspection or to copy the public record, Canal Winchester shall make available of the information within the public record that is not exempt.
C. When making that public record available for public inspection or copying that public record, Canal Winchester shall notify the Requestor of any redaction or make the redaction plainly visible. (Ohio R.C. 149.43(B)(1)).
D. The releasing Canal Winchester Staff member shall then reproduce a copy of the page with the redactions; the resulting copy shall be the page that is released to the Requestor.
E. The first reproduction page with the original redactions made by the Canal Winchester Staff member is the work sheet. It shall be attached to the original record, and maintained in accordance with the retention period established for the original document.
(d) Remedy/Grievances.
(1) If a person allegedly is aggrieved due to the inability to inspect a public record or due to the inability to receive a copy of the public record, the person shall be advised that they may contact the Canal Winchester Mayor.
(2) If the person is not satisfied after contacting the Canal Winchester Mayor, they shall be advised that Ohio Revised Code 149.43 provides a legal means for addressing their complaint in these disputes. (Ohio R.C. 149.43(C)(1)(2)).
(Ord. 71-07. Passed 11-19-07.)