(a) Except as otherwise provided in the Charter of the Municipality, "Public record" does not mean any of the following:
(1) Medical records;
(2) Records pertaining to probation and parole proceedings or to proceedings related to the imposition of community control sanctions and post-release control sanctions;
(3) Records pertaining to actions under section 2151.85 and division (C) of Section 2919.121 of the Revised Code and to appeals of actions arising under those sections;
(4) Records pertaining to adoption proceedings, including the contents of an adoption file maintained by the department of health under Section 3705.12 of the Revised Code;
(5) Information in a record contained in the putative father registry established by Section 3107.062 of the Revised Code, regardless of whether the information is held by the department of job and family services or, pursuant to Section 3111.69 of the Revised Code, the office of child support in the department or a child support enforcement agency;
(6) Records listed in division (A) of Section 3107.42 of the Revised Code or specified in division (A) of Section 3107.52 of the Revised Code;
(7) Trial preparation records;
(8) Confidential law enforcement investigatory records;
(9) Records containing information that is confidential under Section 2317.023 or 4112.05 of the Revised Code;
(10) DNA records stored in the DNA database pursuant to Section 109.573 of the Revised Code;
(11) Inmate records released by the department of rehabilitation and correction to the department of youth services or a court of record pursuant to division (E) of Section 5120.21 of the Revised Code;
(12) Records maintained by the department of youth services pertaining to children in its custody released by the department of youth services to the department of rehabilitation and correction pursuant to Section 5139.05 of the Revised Code;
(13) Intellectual property records;
(14) Donor profile records;
(15) Records maintained by the department of job and family services pursuant to Section 3121.894 of the Revised Code;
(16) Peace officer, firefighter, or EMT residential and familial information;
(17) In the case of a county hospital operated pursuant to Chapter 339 of the Revised Code, information that constitutes a trade secret, as defined in Section 1333.61 of the Revised Code;
(18) Information pertaining to the recreational activities of a person under the age of eighteen;
(19) Records provided to, statements made by review board members during meetings of, and all work products of a child fatality review board acting under Sections 307.621 to 307.629 of the Revised Code, other than the report prepared pursuant to Section 307.626 of the Revised Code;
(20) Records provided to and statements made by the executive director of a public children services agency or a prosecuting attorney acting pursuant to Section 5153.171 of the Revised Code other than the information released under that section;
(21) Test materials, examinations, or evaluation tools used in an examination for licensure as a nursing home administrator that the board of examiners of nursing home administrators administers under Section 4751.04 of the Revised Code or contracts under that section with a private or government entity to administer;
(22) Records the release of which is prohibited or exempted by state or federal law;
(23) Proprietary information of or relating to any person that is submitted to or compiled by the Ohio venture capital authority created under Section 150.01 of the Revised Code;
(24) Information reported and evaluations conducted pursuant to Section 3701.072 of the Revised Code.
(b) "Confidential law enforcement investigatory record" means any record that pertains to a law enforcement matter of a criminal, quasi-criminal, civil, or administrative
nature, but only to the extent that the release of the record would create a high probability of disclosure of any of the following:
(1) The identity of a suspect who has not been charged with the offense to which the record pertains, or of an information source or witness to whom confidentiality has been reasonably promised;
(2) Information provided by an information source or witness to whom confidentiality has been reasonably promised, which information would reasonably tend to disclose the source's or witness's identity;
(3) Specific confidential investigatory techniques or procedures or specific investigatory work product;
(4) Information that would endanger the life or physical safety of law enforcement personnel, a crime victim, a witness, or a confidential information source.
(c) “Medical record” means any document or combination of documents, except births, deaths, and the fact of admission to or discharge from a hospital, that pertains to the medical history, diagnosis, prognosis, or medical condition of a patient and that is generated and maintained in the process of medical treatment.
(d) "Trial preparation record" means any record that contains information that is specifically compiled in reasonable anticipation of, or in defense of, a civil or criminal action or proceeding, including the independent thought processes and personal trial preparation of an attorney.
(e) "Intellectual property record" means a record, other than a financial or administrative record, that is produced or collected by or for faculty or staff of a state institution of higher learning in the conduct of or as a result of study or research on an educational, commercial, scientific, artistic, technical, or scholarly issue, regardless of whether the study or research was sponsored by the institution alone or in conjunction with a governmental body or private concern, and that has not been publicly released, published, or patented.
(f) "Donor profile record" means all records about donors or potential donors to a public institution of higher education except the names and reported addresses of the actual donors and the date, amount, and conditions of the actual donation.
(g) "Peace officer, firefighter, or EMT residential and familial information" means either of the following:
(1) Any information maintained in a personnel record of a peace officer, firefighter, or EMT that discloses any of the following:
A. The address of the actual personal residence of a peace officer, firefighter, or EMT, except for the state or political subdivision in which the peace officer, firefighter, or EMT resides;
B. Information compiled from referral to or participation in an employee assistance program;
C. The social security number, the residential telephone number, any bank account, debit card, charge card, or credit card number, or the emergency telephone number of, or any medical information pertaining to, a peace officer, firefighter, or EMT;
D. The name of any beneficiary of employment benefits, including, but not limited to, life insurance benefits, provided to a peace officer, firefighter, or EMT by the peace officer's, firefighter's, or EMT's employer;
E. The identity and amount of any charitable or employment benefit deduction made by the peace officer's, firefighter's, or EMT's employer from the peace officer's, firefighter's, or EMT's compensation unless the amount of the deduction is required by state or federal law;
F. The name, the residential address, the name of the employer, the address of the employer, the social security number, the residential telephone number, any bank account, debit card, charge card, or credit card number, or the emergency telephone number of the spouse, a former spouse, or any child of a peace officer, firefighter, or EMT.
(2) Any record that identifies a person's occupation as a peace officer, firefighter, or EMT other than statements required to include the disclosure of that fact under the campaign finance law.
As used in this chapter, "peace officer" has the same meaning as in Section 109.71 of the Revised Code and also includes the superintendent and troopers of the state highway patrol; it does not include the sheriff of a county or a supervisory employee who, in the absence of the sheriff, is authorized to stand in for, exercise the authority of, and perform the duties of the sheriff.
As used in this chapter, "firefighter" means any regular, paid or volunteer, member of a lawfully constituted fire department of a municipal corporation, township, fire district, or village.
As used in this chapter, "EMT" means EMTs-basic, EMTs-I, and paramedics that provide emergency medical services for a public emergency medical service organization. "Emergency medical service organization," "EMT-basic," "EMT-I," and "paramedic" have the same meanings as in Section 4765.01 of the Revised Code.
(h) "Information pertaining to the recreational activities of a person under the age of eighteen" means information that is kept in the ordinary course of business by a public office, that pertains to the recreational activities of a person under the age of eighteen years, and that discloses any of the following:
(1) The address or telephone number of a person under the age of eighteen or the address or telephone number of that person's parent, guardian, custodian, or emergency contact person;
(2) The social security number, birth date, or photographic image of a person under the age of eighteen;
(3) Any medical record, history, or information pertaining to a person under the age of eighteen;
(4)) Any additional information sought or required about a person under the age of eighteen for the purpose of allowing that person to participate in any recreational activity conducted or sponsored by a public office or to use or obtain admission privileges to any recreational facility owned or operated by a public office.
(i) "Community control sanction" has the same meaning as in Section 2929.01 of the Revised Code.
(j) "Post-release control sanction" has the same meaning as in Section 2967.01 of the Revised Code." (Ord. 17-04. Passed 5-24-04.)