City of New Lexington, Ohio
Policy For Processing Public Records Requests
Pursuant to Ohio R.C. 149.43.
This Policy is adopted, pursuant to Ohio R.C. 149.43. This Policy reflects the City’s commitment to process each public records request (“PRR”) in a lawful, competent, uniform and reasonably timely manner. The City is committed to an open and transparent government, and to serve the City constituency in an appropriate and responsible manner.
(a) Protocol: When a public records request is received by any City employee, the matter should be immediately referred to the City Administrator and legal counsel. Legal counsel must evaluate and determine whether the records requested are public records and/or if they must be redacted before a disclosure.
(b) City Policy:
(1) PRRs are preferred in writing. The writing may be a letter or a pre-printed City form, which form the City will make available for the public. If the requester refuses to submit the PRR in writing, the person receiving the PRR should document that fact and the PRR itself, on the City form.
The request should specifically and particularly describe the record being sought. Although Ohio law does not require requests in writing, such written requests are preferred to avoid misunderstandings as to the records requested.
The City form should be utilized when possible. The form includes a space for the requester’s name and contact information. The City will send the responsive information to the requester by regular U.S. mail within a reasonable time after the request is received.
The City charge is fifteen (15) cents per copy page, for copies which exceed $1.00. For larger copies, color copies or information which must be sent to an outside company for copying, the City will (prior to incurring the cost for copies) inform the person making the request of the estimated charges, and request a confirmation that the person acknowledges the cost and agrees to pay. If the requester refuses to submit information in writing, that fact shall be noted by the person receiving the request. The City will require advance payment of any such cost, prior to transmission of the documentation.
(2) Upon receipt of a PRR, the recipient shall note upon the written PRR, the date upon which the request was received. If the requester refuses the written PRR form, that form shall be used by the City employee to document the request as clearly and succinctly as possible.
(3) Immediately upon receipt, the recipient shall notify the City Administrator of the PRR.
(4) The City Administrator and legal counsel shall review the PRR to determine the sufficiency of information contained in the request, as relates to the ability of the City to determine the specific information sought. The City Administrator shall then determine the proper City official to prepare the responsive documents. The City Administrator shall assign the PRR to the appropriate official for processing.
If questions regarding the requested information exist, the City Administrator shall determine if communication with the person making the request is necessary. If the request is overly broad or ambiguous, the City Administrator shall so inform the recipient in writing, and state with specificity that the request may be revised by the requester.
If the PRR specifies a requested date or time for delivery of records sought, the City Administrator shall make every effort to communicate with the requester, prior to requested date/time, to inform the requester of status.
(5) The City Administrator shall oversee the document review and preparation of documentation believed to be responsive to the PRR.
The City is under no legal duty to create a new record or analysis of existing records in response to a public records request. If however, the City computers are currently programmed to generate the requested output, the City should provide the record as requested.
Note: No requester has the right to make their own copies of public records. To maintain the integrity of City records, it is the official policy of the City that the City will duplicate its own records.
When an inspection of records is requested, a City employee shall accompany the requester during any inspection to make sure that no records are taken or altered. All requests for inspection must occur within regular business hours ( 8 a.m. to 4 p.m.). The City will promptly arrange for an appointment for inspection at a mutually convenient time.
(6) The City Administrator will ensure the response is handled in a reasonably timely manner. The City Administrator will submit all documentation deemed responsive to the PRR, to legal counsel for a review in accordance with Ohio law.
(7) The requester has a right to receive the record, duplicated on paper, upon the medium on which the City keeps it (ie., computer disk) or upon any other medium that the City determines it can reasonably be duplicated as part of normal operations.
(8) The City will inform the requester, in writing, of the costs of copies, reproductions, and postage, and request payment before delivery of records for all requests that exceed $1.00.
(9) The City will issue the responsive documentation along with a reasonably detailed enclosure letter to the person making the PRR. The transmission shall be by regular U.S. mail.
(10) The enclosure letter should state, with specificity, the fees for the copies.
(11) The City will require payment of all charges prior to issuing the PRR response.
Note: If you do not know the answer to a records request, do not deny access. If the request is vague or overly broad, ask the requester to be more specific or narrow the issue or applicable time period. If you are not sure if the records are exempt from public disclosure, tell the requester that we will provide inspection and/or copies to the extent such is permissible as soon as we have had an opportunity to review the request and documents which may be responsive to your request.
CITY OF NEW LEXINGTON, OHIO PUBLIC RECORDS REQUEST FORM For Official Use Only Date Received:
Mail: ____________________ By Whom:
In Person: ________________ Requester: (Please Print) Please Note: This information is needed to fully and appropriately respond to your request. You may be contacted for clarification or additional information in response to your request. You will be contacted prior to issuance and mailing of the documentation for advance payment of costs. Name Address Phone Number Fax Number Information Being Requested: Additional Information (if applicable): |
The City of New Lexington, Ohio requires advance payment for copies, reproductions and postage. Copies are charged at $.15 per page. Copies and records which must be outsourced will be charged at actual City cost.
Ohio Law requires the following disclosure: Ohio Law prohibits the conditioning of public records on the disclosure of a requester's identity or the intended use of records requested. You may refuse to submit your request in writing or to provide your identity. The requester's contact information is sought to enhance the City's ability to locate, identify and/or deliver your request.
Documentation responsive to your request will be provided by Regular U.S. mail.
OHIO PUBLIC RECORDS LAW 2007
• Ohio Law requires the disclosure of public records, by all public offices, unless specifically exempted or excluded by law.
• Ohio Law prohibits a public office from conditioning a public records request ("PRR") on disclosure of a requester's identity or intended use of documents sought.
• Public offices which adopt a policy for handling of PRRs may request the name and contact information of a requester (including intended use) if the information would facilitate the public office to comply with the request, and if disclosed that such information is not mandatory.
• Ohio Law allows a public office to obtain advance payment for copies.
HOW TO OBTAIN PUBLIC RECORDS IN THE CITY OF NEW LEXINGTON, OHIO
* Submit a letter request or obtain a pre-printed form from the City Administration Office.
* State, as specifically as you can, the documents you are seeking.
* You may include your contact information. If there are questions about your request, a City official will contact you to obtain any revisions or clarifications which may be needed.
• Documents which are responsive to a PRR will be mailed to you via Regular U.S. mail.
• You may be asked to remit advance payment for the costs of copies, reproductions and postage.
• If you have questions about the City policy please contact:
Phone Fax |