It is the policy of the City of Streetsboro that open records leads to a better informed citizenry, which leads to better government and greater public understanding. The cornerstone of this policy is a strict adherence to the state’s Public Records Act, Ohio Revised Code Chapter 149 (the “Act”).
Therefore, all exemptions to this open records policy are to be construed in the narrowest sense and any denial of public records in response to a valid request must be accompanied by an explanation, including legal authority, as outlined in this policy and the Act, and futher request is in writing, the explanation must also be in writing.
(a) Public Records.
(1) In accordance with the Act, the City defines records as including the following: Any document - paper, electronic (including, but not limited to, e-mail), or other format - that is created or received by, or comes under the jurisdiction of a public office that documents the organization, functions, policies, decisions, procedures, operations, or other activities of the office. All records of the City are public unless they are exempt from disclosure under the Act. Please note, however, that records related to law enforcement have unique exemptions under the Act, and records of the law director and prosecutor are exempt from disclosure requirements based on attorney-client privilege and work-product in reasonable anticipation of litigation.
(2) It is the policy of the City that, as required by the Act, records will be organized and maintained so that they are readily available for inspection and copying (see Section (d) for the e-mail records policy). Record retention schedules are to be updated regularly by the Records Commission and posted prominently.
(b) Record Requests. Each request for public records should be evaluated for a response using the following guidelines:
(1) Although no specific language is required to make a request, the requester must at least identify the records requested with sufficient clarity to allow the City to identify, retrieve and review the records. If it is not clear what records are being sought, the City records custodian must contact the requester for clarification, and should assist the requestor in revising the request by informing the requester of the manner in which the office keeps its records.
(2) The requester does not have to put a records request in writing, and does not have to provide his or her identify or the intended use of the requested public record. It is the City’s policy that this information is not to be asked of the requester. However, the City records custodian may ask for a written request and may ask for the requester’s identity and/or intended use of the information requested if:
A. It would benefit the requester by helping the office identify, locate or deliver the records being sought, and
B. The requestor is informed that a written request and his or her identity and intended use of the information requested are not required.
(3) Public records are to be available for inspection from 8:00 a.m. to 4:30 p.m., Monday through Friday during regular business hours, with the exception of published holidays. Public records must be made available for inspection promptly. Copies of public records must be made available within a reasonable period of time after a request. “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.
(4) 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), budgets, salary information, personnel rosters, and ordinances. If fewer than 20 pages of copies are requested or if the records are readily available in an electronic format that can be e-mailed or downloaded easily, these records should be made as quickly as the equipment allows.
(5) All requests for public records must be acknowledged in writing by the City within three (3) business days following the office’s receipt of the request. If a request is voluminous or will require research, the acknowledgement must include the following:
A. An estimated number of business days it will take to satisfy the request;
B. An estimated cost if copies are requested; and
C. Any items within the request that may be exempt from disclosure.
(6) Any denial of public records requested must include an explanation, including legal authority. If portions of a record are public and portions are exempt, the exempt portions are to be redacted and the rest of the record is to be released. If there are redactions, each redaction must be accompanied by a supporting explanation, including legal authority.
(7) All requests for public records must be addressed to the City office responsible for such records or generally to the Mayor’s Office. Each office shall use the “Voluntary Public Records Request Form” (shown in attached Exhibit “A”) in processing records requests. The head or supervisor of each City department shall be the person responsible for public records requests and training (and designation of a records custodian, if appropriate). The City will provide training to all supervisors, department heads, and designated staff in accordance with the Act. A copy of this policy shall be posted in each City office at a location viewable to the public, and be included in the “Employee Handbook”. A “Public Informational Poster” shall be posted at the Police Department, Fire Department, Service Department, City Hall and Mayor’s Office in a conspicuous place viewable to the public.
(c) Costs for Public Records.
(1) Those seeking public records will be charged only the actual cost of making copies.
A. The charge for paper copies is five cents ($0.05) per single-sided black/white page, ten cents ($0.10) per double-sided black/white page, ten cents ($0.10) per single-sided color copy, twenty cents ($0.20) per double-sided color copy.
B. The charge for downloaded computer files to a compact disc is one dollar ($1.00) per disc.
C. The charge for audio cassettes is four dollars and eighty-five cents ($4.85) per cassette.
D. There is no charge for records e-mailed.
(2) Requesters may ask that documents be mailed to them. If so, the requester will be charged the actual cost of the postage and mailing supplies.
A. Those seeking public records will be required to make a deposit equal to the anticipated amount that copying the requested copies will cost.
(d) E-mail.
(1) Records in electronic mail format are records as defined by the Act when their content relates to the business of the City office. E-mail is to be treated in the same fashion as records in other formats and should follow the same retention schedules, unless otherwise expressly stated.
(2) Records in private e-mail accounts used to conduct public business might be subject to disclosure, and all employees or representatives of the City are instructed to retain their e-mails that relate to public business (see subsection (a) Public Records) and to copy them to a separate file or to the office’s records custodian.
(3) The City office records custodian is to treat the e-mails from private accounts as records of the office, filing them in the appropriate way, retaining them per schedules established by the Records Commission and making them available for inspection and copying in accordance with this policy and the Act.
(e) Failure to Respond to a Public Records Request. The City recognizes the legal and non-legal consequences of failure to properly respond to a public records request. In addition to the distrust in government that failure to comply may cause, the City’s failure to comply with a request may result in a court ordering the City to comply with the law and to pay the requester’s attorney’