(a) This office, in accordance with the Ohio Revised Code, 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 Village of Sunbury are public unless they are specifically exempt from disclosure under the applicable provisions of the Ohio Revised Code.
(b) It is the policy of the Village of Sunbury that, as required by Ohio law, records will be organized and maintained so that they are readily available for inspection and copying (See Section below regarding setting forth the e-mail policy). Record retention schedules are to be updated regularly and posted prominently.
(c) Each request for public records should be evaluated for a response using the following guidelines:
(d) 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 public office to identify, retrieve, and review the records. If it is not clear what records are being sought, the records custodian must contact the requester for clarification, and should assist the requester in revising the request by informing the requester of the manner in which the office keeps its records.
(e) The requester does not have to put a records request in writing, and does not have to provide his or her identity or the intended use of the requested public record. It is this office's general policy that this information is not to be requested.
(f) Public records are to be available for inspection 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. "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.
(g) 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, forms and applications, personnel rosters, etc. If fewer than 20 pages of copies are requested or if the records are readily available in an electronic format that can be emailed or downloaded easily, these should be made as quickly as the equipment allows. If more copies are requested, an appointment should be made with the requester on when the copies or computer files can be picked up. All requests for public records must either be satisfied (see subsection (d) hereof) or be acknowledged in writing by the Village of Sunbury within three business days following the office's receipt of the request. If a request is deemed significantly beyond "routine," such as seeking a voluminous number of copies or requiring extensive research, the acknowledgment must include the following:
(1) An estimated number of business days it will take to satisfy the request.
(2) An estimated cost if copies are requested.
(3) Any items within the request that may be exempt from disclosure.
(h) The maximum amount of public records request available to a person or entity requesting transmission by United States mail is 10 per calendar month unless the person or entity certifies to the Village of Sunbury 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 this section, "commercial" shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or non-profit education research.
(i) 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 released. If there are redactions, each redaction must be accompanied by a supporting explanation, including legal authority.
(j) Those seeking public records will be charged only the actual cost of making copies.
(k) The charge for paper copies is 5 cents per page.
(l) The charge for downloaded computer files to a compact disc is $1.00 per disc.
(m) There is no charge for documents e-mailed.
(n) Requesters may ask that documents be mailed to them. They will be charged the actual cost of the postage and mailing supplies.
(o) Documents in electronic mail format are records as defined by the Ohio Revised Code when their content relates to the business of the office. E-mail is to be treated in the same fashion as records in other formats and should follow the same retention schedules.
(p) Records in private e-mail accounts used to conduct public business are subject to disclosure, and all employees or representatives of this office are instructed to retain their e-m ails that relate to public business (see subsection (a) hereof) and to copy them to their business email accounts and/or to the office's records custodian.
(q) The records custodian is to treat the e-mails from private accounts as records of the public office, filing them in the appropriate way, retaining them per established schedules and making them available for inspection and copying in accordance with the Public Records Act.
(r) The Village of Sunbury 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 public office's) failure to comply with a request may result in a court ordering the Village of Sunbury to comply with the law and to pay the requester attorney's fees and damages. (Ord. 2011-11. Passed 7-6-11.)