Each request for public records should be evaluated for a response using the following guidelines:
(a) No specific language or form of request, is required, but the request must not be ambiguous or overly broad. If the requester is unable to make, or has difficulty in making, a request which will permit the Village to reasonably identify the records requested, the Village shall permit the requester to revise the request by informing the requestor of the manner in which the Village keeps its records in the ordinary course of the Village’s duties. If the requester fails or is unable to revise the request so that it is not ambiguous or overly broad, the Village may deny the request in accordance with Section 149.43(B)(2) of the Ohio Revised Code.
(b) The Village will ask that a request be made in writing, that the requester’s identity be disclosed or that the requester’s intended use be disclosed only (1) after informing the requester that the requester may decline and (2) when a written request or disclosure of identity or intended use would benefit the requester by enhancing the ability of the Village to identify, locate or deliver the public records sought. Unless specifically required by state or federal law or as provided above, the Village will not limit or condition the availability of public records by requiring disclosure of the requester’s identity or intended use.
(c) Upon request, all public records responsive to the request will be promptly prepared and made available for inspection at all reasonable times during regular business hours of the Village office that has custody of the requested records. The Village is not required to permit a person who is incarcerated pursuant to a criminal conviction or a juvenile adjudication to inspect or obtain copies of any public record concerning a criminal investigation or prosecution or concerning what would be a criminal investigation or prosecution if the subject were an adult unless the request complies with Section 149.43(B)(8) of the Ohio Revised Code. Upon request, copies of the requested public record will be made available at the Village’s actual cost within a reasonable period of time. “Promptly” and “reasonable period of time” will take into account relevant factors including 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.
(d) Upon deposit of the Village’s estimated actual cost of copies and of the Village’s estimated cost of postage or delivery and for supplies used in mailing, delivery or transmission, the Village shall make and transmit the requested copies, as applicable. No requester may make copies of public records kept by the Village without the written consent of the Village. The requester may choose to have a public record duplicated upon paper, upon the same medium upon which the Village keeps the public record, or upon any other medium upon which the Village determines that the public record reasonably can be duplicated as an integral part of the normal operation of the Village. Upon request, the Village will transmit a copy of a public record by United States mail or by any other means of delivery or transmission within a reasonable time after receiving the request.
(e) If a public record contains information that is exempt from the duty to permit public inspection or to copy the public records, the Village will make available all information within the public record that is not exempt and will notify the requester of any redaction of exempt information or make the redaction plainly visible. If a request is denied, in whole or in part, including by redaction under this Section 109.03(e), the Village will provide the requester with an explanation, including legal authority, setting forth why the request was denied. If the initial request was provided in writing, the explanation shall be provided in writing.
(Ord. 2007-34. Passed 10-10-07.)