(a) A record kept by a public office that is a security record or an infrastructure record is not a public record in accordance with Section 149.433 of the Revised Code, and is not subject to mandatory release or disclosure.
(b) “Security record” means either of the following:
(1) Any record that contains information directly used for protecting or maintaining the security of a public office against attack, interference, or sabotage;
(2) Any record assembled, prepared, or maintained by a public office or public body to prevent, mitigate, or respond to acts of terrorism, including any part of the following:
A. Those portions of records containing specific and unique vulnerability assessments of specific and unique response plans either of which is intended to prevent or mitigate acts of terrorism, and communication codes or deployment plans of law enforcement or emergency response personnel;
B. Specific intelligence information and specific investigative records shared by federal and international law enforcement agencies with state and local law enforcement and public safety agencies;
C. National security records classified under federal executive order and not subject to public disclosure under federal law that are shared by federal agencies, and other records related to national security briefings to assist state and local government with domestic preparedness for acts of terrorism.
(c) “Infrastructure record” means any record that discloses the configuration of a public offices critical systems including, but not limited to, communication, computer, electrical, mechanical, ventilation, water, and plumbing systems, security codes, or the infrastructure or structural configuration of the building in which a public office is located Infrastructure record" does not mean a simple floor plan that discloses only the spatial relationship of components of a public office or the building in which a public office is located.
(d) “Act of terrorism” means an act that is committed within or outside the territorial jurisdiction of this state or the United States, that constitutes a specified offense if committed in the state or constitutes an offense in any jurisdiction within or outside the territorial jurisdiction of the United States containing all of the essential elements of a specified offense, and that is intended to do one or more of the following:
(1) Intimidate or coerce a civilian population;
(2) Influence the policy of any government by intimidation or coercion;
(3) Affect the conduct of any government by the act that constitutes the offense.
(e) A record kept by a public office that is a security record or an infrastructure record is not a public record under Section 149.43 of the Revised Code and is not subject to mandatory release or disclosure under that section.
(f) Notwithstanding any other section of the Revised Code, a public officer or a public employee’s disclosure of a security record or infrastructure record that is necessary for construction, renovation, or remodeling work on any public building or project does not constitute public disclosure for purposes of waiving number (5) of this section and does not result in that record becoming a public record for purposes of Section 149.43 of the Revised Code.
(g) Public access.
(1) All public records shall be promptly prepared and made available for inspection to any person at all reasonable times during regular business hours. Upon request, the city or person responsible for the-requested public records shall make copies available at cost, within a reasonable period of time. In order to facilitate broader access to public records, the City of Reynoldsburg shall maintain public records in a manner that they can be made available for inspection in accordance with this chapter.
(2) If any person chooses to obtain a copy of a public record the City of Reynoldsburg or person responsible for the public record shall permit that person to choose to have the public record duplicated upon paper, upon the same medium upon which the city or person responsible for the public record keeps it, or office or person responsible for the public record determines that it reasonably can be duplicated as an integral part of the normal operations of the city or person responsible for the public record When the person seeking the copy makes a choice under this chapter, the city or person responsible for the public record shall provide a copy of it in accordance with the choice made by the person seeking the copy.
(3) Upon request made in accordance with this chapter, the city or person responsible for public records shall transmit a copy of a public record to any person by United states Mail within a reasonable period of time after receiving the request for the copy. The city or person responsible for the public record may require the person making the request to pay in advance the cost of postage and other supplies used in the mailing.
(4) The City of Reynoldsburg shall adopt a policy and procedures that it will follow in transmitting within a reasonable period of time after receiving a request, copies of public records by United States Mail pursuant to this chapter.
(5) The City of Reynoldsburg limits the number of records requested by a person that the city will transmit by United States Mail to ten per month, unless the person certifies to the city in writing that the person does not intend to use or forward the requested records, or the information contained in them, for commercial purposes. For purposes of the division, “Commercial” shall be narrowly construed and does not include reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or educational research.
(6) The City of Reynoldsburg or person responsible for public records is not required to permit a person who is incarcerated pursuant to a criminal conviction or to juvenile adjudication to inspect or obtain a copy of any public record concerning a criminal investigation or prosecution or concerning what would be a criminal investigation or prosecution were an adult, unless the request to inspect or obtain a copy of the record is for the purpose of acquiring information that is subject to release as a public record under this section and 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.
(7) Upon written request made and signed by a journalist on or after December 16, 1999, the city person responsible for public records, having custody of the records of the department employing a specific peace officer shall disclose to the journalist the address of the actual personal residence of the peace officer and, if the peace officer's spouse, former spouse, child is employed by a public office, the name and address of the peace officer t spouse, former spouse, or child, the request shall include the journalists name and title and the name and address of the journalists employer and shall state that disclosure of the information sought would be in the public interest
(8) As used in this section, “Journalist” means a person engaged in, connected with, or employed by any news medium, including a newspaper, magazine, press association, news agency or wire service, a radio or television station, or similar medium, for the purpose of gathering, processing, transmitting, compiling, editing or disseminating information for the general public.
(h) REQUEST PROCESS. Requests for access for inspection and/or copies of public records maintained by the City of Reynoldsburg shall be directed to the office, department or function where the public record is maintained. Each office, department or function shall designated certain employees as authorized ito facilitate requests submitted by the public record is maintained. Each office, department or function shall designate certain employees as authorized to facilitate requests submitted by the public for inspection, copying or transmittal of public records.
(i) Any requests for inspection and/or copying of records maintained by the City of Reynoldsburg which are exempted by an act of law from inspection shall be directed to the Office of the City Attorney. Examples of exempted records are confidential law enforcement investigatory records, medical treatment information, municipal income tax returns, trial preparation records, probation records and any record the release of which is exempted by state or federal law.
(Ord. 57-93. Passed 4-26-93; Ord. 136-98. Passed 12-21-98; Ord. 70-04. Passed 6-28-04.)