§ 40.06 DENIAL OF A PUBLIC RECORDS REQUEST.
   (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. Ohio law also recognizes certain actions as "denials" of public record requests.
   (B)   A document that otherwise meets the definition of a "public record" may contain information that is not within the definition of a "public record". In that case, the village will "redact" the portion of the public record that does not meet the definition of a "public record". If a public record contains information that is exempt from the duty to permit public inspection or copying, the village shall make available all information within the public record which is not exempt. When making the public record
available for public inspection or copying, the village shall notify the requester of any redaction or make the redaction plainly visible. A redaction shall be deemed a denial of a request to inspect or copy the redacted information, except if federal or state law authorized or requires a public office to make the redaction.
   (C)   In the event that a request for public records is made from which the village cannot determine what public records the requester is seeking, the village will inform the requester that the public records request is denied but will provide the requester with an opportunity to more accurately describe the public records being requested. If the requester is seeking public records organized in a certain way but the public records are not organized in that way, the village will inform the requester of the manner in which the public records are maintained and accessed. The requester may then submit another public records request that more accurately reflects the organization of the public records and the actual public records sought by the requester.
   (D)   The village reserves the right to withhold documents that are subject to recognized privileges and confidentiality requirements or are otherwise exempt from request for review by law.
   (E)   Ohio law requires that any denial including any redactions, except those which are required by state or federal law, be supported by legal authority. If the public record request was made in writing, a denial must be given in writing. Written reasons for denials will not be issued for non-written public records requests.
(Ord. 21-04, passed 3-15-2021)