Each request for public records should be evaluated for a response using the following guidelines:
(A) Although no specific language is required to make a request, the requester must at least identify the records requested with sufficient clarity to allow this office to identify, retrieve, and review the records. If a requester makes an ambiguous or overly broad request or has difficulty in making a request for copies or inspection of public records such that this office cannot reasonably identify what public records are being requested, then this office may deny the request. In such case, this office will provide the requester with an opportunity to revise the request by informing him or her of the manner in which records are maintained by the office and accessed in the ordinary course of this office's duties.
(B) The requester 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. However, the records custodian may ask for a written request and may ask for the requestor's identity and/or intended use of the information requested if it would benefit the requestor by helping the public office identify, locate or deliver the records being sought, and the requestor is informed that a written request and the requestor's identity and intended use of the information requested are not required.
(C) This office will permit a requester to choose to have public record duplicated upon paper, upon the same medium which this office keeps it, or upon any other medium which this office determines that it reasonably can be duplicated as an integral part of the normal operations of this office. This office is not required to allow the requester to make the copies of the public record.
(D) Public records should be available for inspection at all reasonable times during regular business hours. Public records should be made available for inspection promptly. The records of this office will be made available for inspection during normal administrative hours. Copies of public records should be made available within a reasonable period of time. The determination of the terms "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.
(E) Each request should be evaluated for an estimated length of time required to gather the records. Routine requests for records should be satisfied immediately if feasible to do so. Routine requests include, but are not limited to, meeting minutes (both in draft and final form), resolutions, budgets, etc.
(F) (1) Upon request, this office will provide copies of public records to a requester by United States mail or by any other delivery means or transmission that this office deems reasonable.
(2) This office will limit to ten the number of copies of public records provided per month to a requester by United States Mail, unless the requester certifies in writing that he or she does not intend to use or forward the requested records, or the information contained in them, for commercial purposes. (The word "commercial" should 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).
(G) By Ohio law, this office is not required to permit a person who is incarcerated pursuant to a criminal conviction or a juvenile adjudication to inspect or to obtain a copy of any public record concerning a criminal investigation or prosecution or concerning what would be a criminal investigation if the subject of the investigation or prosecution were an adult, unless the judge who imposed the sentence or made the adjudication with respect to the person, or the judge's successor in office, finds that the information sought in the public record is necessary to support what appears to be a justifiable claim of the person.
(H) This office, in response to a written request made and signed by a journalist, which must include the journalist's name and title and the name and address of the journalist's employer and which states that the disclosure of the information sought would be in the public interest, will provide the address of the actual personal residence of anyone employed by this office as a peace officer, firefighter, EMT, prosecutor, assistant prosecutor, children's services worker, or corrections officer, and, if such employee's spouse, former spouse, or child is employed by a public office, the name and address of that public office.
(I) (1) Any denial of public records requested, in part or in whole, should include an explanation, including legal authority, as to why the request was denied. If the initial request was provided in writing, the explanation for denial will be provided to the requester in writing.
(2) If portions of a record are public and portions are exempt, the exempt portions should be redacted and the rest released. If there are redactions, the office will notify the requester of any redaction or make the redaction plainly visible. Each redaction should be accompanied by a supporting explanation, including legal authority, as to why the redaction was made.
(3) Any denial of a records request in part or in whole, or any redaction contained on record to be released shall be reviewed and approved by the Village Solicitor or his or her designee.
(J) This office has no duty to provide records acquired after a request for records is complete.
(Ord. 2007-10-40, passed 10-9-07)
Statutory reference:
Availability of public records for inspection and copying, see R.C. § 149.43