(a) Under certain circumstances, records are not defined as “public records” under Ohio law. In these situations, the public record request will be denied on that basis. The Ohio Revised Code requires that any denial be supported by legal authority. A denial that is responding to a written public records request will also be given in writing. Written reasons for denial will not be required for verbal 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, unless Federal or State law authorized or requires the redaction.
(b) The Ohio Revised Code regards certain actions as being “denials” of public record requests. These situations are handled as follows:
(1) Redaction.
A. The Ohio Revised Code defines a “redaction” as “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 R.C. 149.011.” Examples of redaction are “blacking out” or “whiting out” or “cutting out” portions of a document.
B. When a public record contains information that is not within the definition of a public record as defined by law, the Public Records Custodian will make available that portion of the public record that does meet the definition of a public record. The Public Records Custodian shall make a copy of the public record, perform the redaction, then make a copy of that sheet and make the second copy available to the requester. The requester will not be charged for the first copy made. If practical, the first copy will be retained by the Public Records Custodian.
(2) Requests that are ambiguous, overly broad, or are difficult to identify the public records requested. At times, a requester may make a public records request from which the Public Records Custodian cannot determine which the public records are being sought. In such circumstances, the Public Records Custodian will inform the requester that the public records request is denied but will give the requester an opportunity to more accurately describe the public records sought. If the requester is seeking public records organized in a certain way, but the public records are not organized in that way, the Public Records Custodian will inform the requester of the manner that the public records of the office under discussion are maintained and accessed. The requester may then submit a public records request that more accurately reflects the actual organization of the public records sought.
(Ord. 15-07. Passed 10-15-07; Ord. 10-10. Passed 6-21-10.)