Under certain circumstances, some records may not be “public records” under Ohio law or are exempt from disclosure under federal law. In these situations, the public record request will be denied on that basis. A denial that is responding to a written public reoortls request will also be given in writing. Written reasons for denial will not be required for verbal public records requests. 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, unless federal or state law authorized or requires the redaction.
(a) Redaction. When a public record contains information that is not within the definition of a “public record” as defined by law, or is exempted by law, the Public Records Custodian will make available that portion of the pubic record that does meet the definition of a “public record”. The Public Reoortls Custodian shall make a copy of the public record, perform the redaction, then make a copy of that sheet and make the second copy available to the requester. The requested will not be charged for the first copy made. If practical, the first copy will be retained by the Public Records Custodian.
(b) Requests That Are Ambiguous, Overly Broad, or Are Difficult to Identify the Public Records Requested. At times, a requester may make a public records request from which the Public Records Custodian cannot determine which public records are being sought. In such circumstances, the Public Records Custodian will inform the requester that the public record request is denied, but will give the requester an opportunity to more accurately describe the public records sought. If the requester is seeking public records organized in a certain way, but the public records are not organized in that way, the Public Records Custodian will inform the requester of the manner that the public records of the office under discussion are maintained and accessed. The requester may then submit a public records request that more accurately reflects the actual organization of the public records sought.
(Ord. 62-2007. Passed 10-1-07.)