(a) (1) Under Ohio law, a public office may only create records that are necessary for the adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the agency and for the protection of the legal and financial rights of the state and persons directly affected by the agency's activities.
(2) In accordance with the Ohio Revised Code and court rulings, "records" are defined as those items that meet all of the following:
A. Any document, device, or item, regardless of physical form or characteristic, including an electronic record (which includes but is not limited to e-mail or other record created, generated, sent, communicated, received, or stored by electronic means);
B. That is created or received by, or coming under the jurisdiction of a public office; and
C. That documents the organization, functions, policies, decisions, procedures, operations, or other activities of the office.
(3) The determination of whether a specific item constitutes a "record" will depend on the facts and circumstances surrounding the particular item requested. The Ohio Supreme Court has imposed an actual use standard in defining a "record," which means that an item is not automatically a "record" simply because the public office could (but did not) use a document it received to carry out its duties and responsibilities.
(4) Furthermore, a public office is not required to create new records to respond to a public records request, even if it is only a matter of compiling information from existing records.
(b) (1) It is the policy of the City of Hubbard, Ohio in Trumbull County that, as required by Ohio law, records will be organized and maintained so that they are made available for inspection to any person at all reasonable times during regular business hours.
(2) Copies will be made available upon request within a reasonable period of time.
(3) A current record retention schedule will be readily available to the public upon request.
(c) (1) Not all of the City of Hubbard's records are "public records." Certain records are exempt from the Public Records Act. Exempt records include records, the release of which is prohibited by state or federal law, or that are subject to an express exception set forth in Ohio's Public Records Act, which may be released only if the City of Hubbard decides to waive the express exception.
(2) Examples of records, the release of which is prohibited by state or federal law, include, but are not limited to, the following:
A. Attorney-client privileged information;
B. Records of a Certified Public Accountant or public accountant in the performance of an audit of a public office;
C. Federal tax returns;
D. Criminal background information and other law enforcement information on the LEADS/CCH/NCIC computer database;
E. Records that have been sealed pursuant to a statutorily authorized court order;
F. Peace officer's home address during the pendency of a criminal case in which the officer is a witness or arresting officer; and
G. Employees' and their family members records that were created for purposes of the Family Medical Leave Act or the Americans with Disabilities Act.
(3) Examples of records that are subject to an express exception set forth in Ohio's Public Records Act, which may be released only if the City of Hubbard decides to waive the express exception include, but are not limited to, the following:
A. Peace Officer, firefighter, EMT, prosecutor, assistant prosecutor, children's services worker, or corrections officer, Residential and Familial Information;
B. Records that pertain to a patient's medical history, diagnosis, prognosis, or medical condition and that were general and maintained in the process of medical treatment;
C. Records that contain information that was specifically compiled in reasonable anticipation of, or in defense of, a civil or criminal action or proceeding;
D. Records that pertain to a law enforcement matter of a criminal, quasi-criminal, civil, or administrative nature and that, if released, would create a high probability of disclosing any of the following: the identity of an uncharged suspect, the identity of a confidential source, specific confidential investigatory techniques or procedures; specific investigative work product; or information that would endanger the life or physical safety of law enforcement personnel, a crime victim, a witness, or a confidential source.
(4) The exemptions to the Public Records Act will be narrowly construed by this office in the favor of disclosure. This office may seek a legal review prior to determining whether or not an exception applies.
(Ord. 27-07. Passed 12-3-07.)