(a) Definitions.
(1) “Public Records” are defined as all documents, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been used by, received by, in the possession of, or under the control of any public body. All records of the Village of Woodsfield are public, unless they are specifically exempt from disclosure under the Ohio Revised Section 149.43, or are confidential attorney-client work product or communications.
(2) “Records Retention Schedule” is a schedule listing records which documents the organization, functions, policies, decisions, procedures, operations, or other activities of the Village of Woodsfield. The schedule includes the length of time each type of record is kept in the possession of the Village.
(b) Specific Information Regarding Email or Text Messages.
(1) Documents or communications in electronic format are public records when their content relates to the business of the Village of Woodsfield.
(2) Records in private e-mail accounts used to conduct public business are subject to disclosure, and all employees or representatives of the Village are required to copy their emails that relate to public business to their business e-mail accounts and retain them in accordance with the Village’s adopted records retention schedule.
(c) Records Custodian.
(1) For the purpose of this policy, the official Public Records Custodian for the Village of Woodsfield is the Fiscal Officer, and are to be centrally maintained by the Village of Woodsfield.
(2) Department heads are the official custodian of all records maintained within their departments. However, all public records requests must be directed to the Mayor’s Secretary or the Village Fiscal Officer.
(d) Public Inspection.
(1) Public records are available for inspection during regular village business hours, with the exception of observed holidays.
(2) In processing a request for inspection of a public record, the Fiscal Officer or other designee of the village must accompany the requester during inspection to make certain original records are not taken or altered.
(e) Requests for Record Copies.
(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 village office to identify, retrieve, and review the records. If it is not clear what records are being sought, a member of the village office or Records Commission must contact the requester in order to have them revise their request specifying the manner or order by which the village maintains or files its records.
(2) 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 public record.
(3) If a request is for records that may be exempt or prohibited from disclosure, or if the request presents a high probability of litigation or any other unique issue; the Fiscal Officer, Mayor’s Secretary, or member of the Records Commission must contact the Village Solicitor as the request is being processed.
(4) Copies of public record must be made available within a reasonable period of time. The term “reasonable” takes into account the volume of records requested, the proximity of location where records are stored, and the necessity for any legal review of the records requested.
(5) Each request should be elevated for an estimated length of time required to gather the records. Routine requests for records, such as copies of Ordinances or applications, should be satisfied immediately if feasible to do so. If fewer than 10 pages are requested or if the records are readily available in an electronic format that can be easily emailed, these should be made available as quickly as equipment allows.
(6) All reasonable requests for public records must be satisfied or by acknowledged in writing within three business days following the office’s receipts of the request.
(7) In processing the request, the Village of Woodsfield does not have an obligation to create new records or perform new analysis of existing information.
(f) Denial or Redaction of a Request.
(1) If the requester makes an ambiguous or overly broad request or has difficulty making a request for public records, the request may be denied, but the denial must provide the requester an opportunity to revise the request by informing the requester of the manner in which records are maintained and assessed by the village.
(2) Any denial of public records requested must include an explanation, including legal authority. If the initial request was made in writing, the explanation must also be in writing.
(3) If portions of a record are public and portions are exempt, the exempt portions are to be redacted and the rest released.
(4) All redactions shall be plainly visible. If there are redactions, each redaction must be accompanied by a supporting explanation, including authority.
(g) Compliance. With any public records, the Public Records Custodian or such designee reserves the right to consult with legal counsel prior to the release of such public records. This is to allow the Village of Woodsfield to comply with laws prohibiting release of certain records.
(h) Copying and Mailing Costs:
(1) Those seeking public records may be charged only the actual cost of making copies, not labor.
(2) Copies on letter size paper, black ink only, are $0.25 (twenty-five cents) single-sided copy.
(3) Copies on legal size paper, black ink only, are $0.45 (forty-five cents) single-sided copy.
(4) Copies requiring color ink will be charged double the black ink rate.
(5) Copies requested on a compact disc (CD) will be $2.00 (two dollars).
(6) Copies requested on a USB flash drive will be charged the actual cost of the flash drive.
(7) Requesters may not provide their own materials for copying, in order to avoid compromise of the Village’s system either in security or use of inferior materials that may nullify any warranty.
(i) Public Access to Information.
(1) The Village of Woodsfield Records Commission shall establish a Records Retention Schedule, which will remain available for inspection at the Woodsfield Municipal Building. Also available with the Village of Woodsfield Public Record Policy. Employees of the village will be advised of such availability.
(2) The Village of Woodsfield will continue to update and address all education, training, disclosure, and policy requirements mandated by ORC 109.43(E)(1)(2).
(Ord. 1243-2018. Passed 9-5-18.)