(a) Definition. The Village, 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 this Office are public unless they are specifically exempt from disclosure under the Ohio Revised Code.
(b) Organization and Maintenance. It is the policy of the Village that, as required by Ohio law, records will be organized and maintained so that they are readily available for inspection and copying. The Village does have record retention schedules.
(c) Evaluation of a Public Records Request. Each request for public records should be evaluated for a response using the following guidelines:
(1) Identification of a Public Records Requested. 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) Method of Public Records Request and Identity of Requestor. The requestor 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 Office's general policy that this information is not to be requested. The Fiscal Officer will be in charge of gathering information for public records requests. The Fiscal Officer may delegate this responsibility to the appropriate department head or staff member for the fulfillment of simple records requests in their department. For example, the Chief of Police or Court Clerk may fulfill a standard request for a police report for a resident. In the Fiscal Officer's absence the Village Administrator will gather information for public records requests.
(3) Availability of Public Records for Inspection and Production of Copies. 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 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) Time Constraints for Satisfying the Public Records Requests.
A. Each request should be evaluated for an estimated length of time required to gather the records. If feasible, routine requests for records should be satisfied immediately. 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 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, there should be made as quickly as the equipment allows.
B. All requests for public records must either be satisfied or be acknowledged in writing by a public office within five business days following the office's receipts of the request. If a request will not be satisfied within five business days, the acknowledgement must include at least the following:
1. A request for clarification (if necessary).
2. An estimated cost if copies are requested.
(5) Denial of Public Records Requests. 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.
(e) Charges for Copies and Postage. Those seeking public records will be charged only the actual cost of making copies, as follows:
(1) The charge per paper copies is 5 cents per page and 6 cents per page per fax.
(2) The charge for downloaded computer files to a compact disc is $1.00 per disc.
(3) There is no charge for documents e-mailed.
(4) Requests may ask that documents be mailed to them. They will be charged the actual cost of the postage and mailing supplies.
(5) Other governments and police departments will not be charged for standard public records requests at the discretion of the Fiscal Officer and Chief of Police.
(f) E-mail as Public Records.
(1) Definition of E-mail as Public Records. 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.
(2) Private E-mail Accounts Holding Public Records. Records in private e-mail accounts used to conduct public business are subject to disclosure, and all employees or representatives of The Village of Cardington are instructed to retain their e-mails that relate to public business and to copy them to their business e-mail accounts.
(Res. 2011-15. Passed 5-16-11.)