(A) Introduction. It is the policy of the village to strictly adhere to Ohio’s Public Records Act and we believe that transparency leads to a better informed citizen and more responsive government. Any denial of public records in response to an otherwise proper and valid request must be accompanied by an explanation, including legal authority, as outlined in the Ohio Revised Code.
(B) Definition. In accordance with the R.C. § 149.011(G), RECORDS includes any document, device, or item, regardless of physical form or characteristic, including electronic (including, but not limited to, email) 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. If a document or other item does not meet all three parts of the definition of RECORD, then it is a non-record and is not subjected to either the Ohio Public Records Act or records retention requirements. All records of the Department are public unless they are specifically exempt from disclosure under the Ohio Revised Code.
(C) Procedures for record requests.
(1) Public records may be accessed by one of the following methods:
(a) A request to view public records in person;
(b) A request for copies which the requester will personally pick up; or
(c) A request for copies of public records that the requester would like emailed, mailed, or otherwise delivered to the requester.
(2) Although no specific language is required to make a request, the requester must at least identify the records requested with sufficient clarity to allow records the village 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 village keeps its records. Although the requester may designate the format that such documents are to be placed for inspection, the village is not required to put the requested documents into a format that is not within the ordinary scope of its normal record-keeping function or normal capacity. Additionally, the village is not required to create records that otherwise did not exist. The records custodian of the village will contact the Law Director for legal review of all records request.
(3) The village will only respond to public record requests during regular business hours, generally, Monday through Friday, 8:00 a.m. to 4:00 p.m., excepting holidays. Upon request, except as otherwise provided by law, the village shall provide all public records responsive to a request promptly for inspection. If a public record contains information that is exempt from the duty to permit public inspection or copying, the village shall make available all information within the public record that is not exempt. If copies of the public records are requested, the copies will be made within a reasonable time, as required by thie Ohio Revised Code. Prompt and reasonable take into account the volume of records requested, including the time and resources needed to make them available; the proximity of the location where the records are stored; and the necessity of any legal review of the records request.
(4) All requests for public records must be acknowledged in writing by the village within a reasonable time following the office’s receipt of request.
(5) Requests do not have to be in writing. However, the village requests that public record requests be made in writing, stating who is requesting the information and for what purpose as needed to enhance the village’s ability to identify, locate, and deliver the public records to the requester.
(6) Public records will only be copied by authorized employees. Under no circumstance will the requester be permitted to make copies himself or herself.
(7) 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 remainder released.
(D) Electronic mail.
(1) Documents in electronic format may be public records if they meet the definition of a public record as defined by the Ohio Revised Code. Electronic mail is to be treated the same as other records and should be given the same records retention schedule. E-mail documents are to be treated in the same fashion as records in other formats.
(2) Records in private e-mail accounts that are used to conduct public business are subject to disclosure. And all employees or representatives of this village are instructed to retain their e-mails that relate to public business and to copy them to their business e-mail accounts or to the village’s records custodian. The records custodian is to treat the e-mails and e-mail documents from private accounts as records of the public office, filing them in the appropriate way, and making them available for inspection and copying in accordance with the Public Records Act.
(E) Records custodian.
(1) Each department is to appoint an employee to serve as records custodian. The records custodian must acknowledge the receipt of a copy of the policy and is responsible for posting this policy in a conspicuous place in each location where the village does business.
(2) The records custodian is responsible for contacting the Law Director for legal review of records requests. The records custodian is also responsible for reviewing and updating record retention schedules and ensuring that the department or division’s retention schedule is available to the public to view.
(F) Payment.
(1) The village will not charge for the copying cost unless the number of pages exceeds ten. Thereafter, the charge will be $0.10 per page for every page over ten copied in black and white, and $0.50 per page for colored copies.
(2) The charge for downloaded computer files to a compact disc is $2 per disc.
(3) There is no charge for documents e-mailed.
(4) Requesters may ask the copies of public records be mailed to them. The village requires payment in advance for the actual cost of postage or the cost of delivery and for the actual cost of supplies used in the mailing, delivery, or transmission of public records if the requester has requested the public records to be mailed, delivered, or transmitted.
(5) The village will not charge, under any circumstances, for an employee’s time to complete the records compilation for sending the documents.
(G) Denial of a public record request.
(1) State law requires that any denial including any redactions, except those which are required by state or federal law, be supported by legal authority. If the public record requests were made in writing, a denial must be given in writing. Written reasons for denials will not be issued for non-written public records requests.
(2) The village reserves the right to withhold documents that are subject to recognized privileges and confidentiality requirements or are otherwise exempt from request for review by law.
(Res. 17-05, passed 6-6-2017)