Windham Township Public Records Policy
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PUBLIC RECORDS POLICY OF
WINDHAM TOWNSHIP, PORTAGE COUNTY
Introduction:
It is the policy of Windham, Township in Portage County that openness
leads to a better informed citizenry, which leads to more transparent
government and sounder public policy. It is our policy to strictly
adhere to the state’s Public Records Act as well as other state and
federal laws.
Ohio’s Public Records Act imposes two primary obligations upon public
offices:
1. Provide prompt inspection of public records (R.C. 149.43(B)(1)); and
2. Provide copies of public records within a reasonable period of time (R.C.
149.43(B) (2)).
The Public Records Act evolved from the principle that Ohio’s citizens
are entitled to access the records of their government. We agree that to
advance that principle, the Public Records Act should be interpreted
liberally in favor of disclosure.
Section 1 Public records
Under Ohio law, a public office may only create records that are
necessary for the adequate and proper documentation of the organization,
functions, policies, decisions, procedures and essential transactions of
the agency and for the protection of the legal and financial rights of
the state and persons directly affect by the agency’s activities. (R.C.
149.40).
In accordance with the Ohio Revised Code and court rulings, “records”
are defined as those items that meet all of the following:
1. any document, device, or item, regardless of physical form or
characteristic, including an electronic record (which includes but is
not limited to e-mail or other record created, generated, sent,
communicated, received, or stored by electronic means);
2. that is created or received by, or coming under the jurisdiction of a
public office; and
3. that documents the organization, functions, policies, decisions,
procedures, operations, or other activities of the office. (R.C. §
149.011(G)).
The determination of whether a specific item constitutes a “record” will
depend on the facts and circumstances surrounding the particular item
requested. The Ohio Supreme
Court has imposed an actual use standard in defining a “record,” which
means that an item is not automatically a “record” simply because the
public office could (but did not) use a document it received to carry
out its duties and responsibilities.
Furthermore, a public office is not required to create new records to
respond to a public records request, even if it is only a matter of
compiling information from existing records.
Section 1.1
It is the policy of Windham Township Portage hat, as required by Ohio
law, records will be organized and maintained so that they are made
available for inspection to any person at all reasonable times during
regular business hours. (R.C. 149.43(B)(1).
Copies will be made available upon request within a reasonable period of
time. (R.C. 149.43(B)(1)).
A current record retention schedule will be readily available to the
public upon request. (R.C. 149.43(B)(2))
Section 1.2
Not all of Windham Township’s records are public records public records.
Certain records are exempt from the Public Records Act. Exempt records
include records: (1) the release of which is prohibited by state or
federal law, or 2) that are subject to an express exception set forth in
Ohio’s Public Records Act, which may be released only if Windham
Township decides to waive the express exception.
Examples of records, the release of which is prohibited by state or
federal law, include, but are not limited to, the following:
Attorney-client privileged information;
Records of a Certified Public Accountant or public accountant in the
performance of an audit of a public office (R.C. 4701.19(B));
Federal tax returns (26 U.S.C. 6103(a));
Criminal background information and other law enforcement information on
the LEADS/CCH/NCIC computer database (42 U.S.C. 3789g);
Records that have been sealed pursuant to a statutorily authorized court
order (i.e. R.C. 2953.52);
Peace officer’s home address during the pendency of a criminal case in
which the officer is a witness or arresting officer (R.C. 2921.24(A));
and
Employees’ and their family members records that were created for
purposes of the Family Medical Leave Act or the Americans with
Disabilities Act (29 CFR 825.500(g) and 1630.14(c)(1)).
Examples of records that are subject to an express exception set forth
in Ohio’s Public Records Act, which may be released only if [INSERT NAME
OF TOWNSHIP] decides to waive the express exception include, but are not
limited to, the following:
Peace Officer, firefighter, EMT, prosecutor, assistant prosecutor,
children’s services worker, or corrections officer, Residential and
Familial Information (R.C. 149.43(A)(7));
Records that pertain to a patient’s medical history, diagnosis,
prognosis, or medical condition and that were general and maintained in
the process of medical treatment (R.C. 149.43(A)(1)(a));
Records that contain information that was specifically compiled in
reasonable anticipation of, or in defense of, a civil or criminal action
or proceeding (R.C. 149.43(A)(1)(g)); and
Records that pertain to a law enforcement matter of a criminal,
quasi-criminal, civil, or administrative nature and that, if released,
would create a high probability of disclosing any of the following (1)
the identity of an uncharged suspect, (2) the identity of a confidential
source, (3) specific confidential investigatory techniques or
procedures; (4) specific investigative work product; or (5) information
that would endanger the life or physical safety of law enforcement
personnel, a crime victim, a witness, or a confidential source (R.C.
149.43(A)(2)).
The exemptions to the Public Records Act will be narrowly construed by
this office in the favor of disclosure. This office may seek a legal
review prior to determining whether or not an exception applies.
Section 2. Record requests
Each request for public records should be evaluated for a response using
the following guidelines:
Section 2.1
Although no specific language is required to make a request, the
requester must at least identify the records requested with sufficient
clarity to allow this office to identify, retrieve, and review the
records. If a requester makes an ambiguous or overly broad request or
has difficulty in making a request for copies or inspection of public
records such that this office cannot reasonably identify what public
records are being requested, then this office may deny the request. In
such case, this office will provide the requester with an opportunity to
revise the request by informing him/her of the manner in which records
are maintained by the office and accessed in the ordinary course of this
office’s duties. (R.C. 149.43(B)(2)).
Section 2.2
The requester does not have to put a records request in writing, and
does not have to provide his/her identity or the intended use of the
requested public record. However, the records custodian may ask for a
written request and may ask for the requestor’s identity and/or intended
use of the information requested if (1) it would benefit the requestor
by helping the public office identify, locate or deliver the records
being sought, and (2) the requestor is informed that a written request
and the requestor’s identity and intended use of the information
requested are not required. (R.C. 149.43(B)(5)).
Section 2.21
This office will permit a requester to choose to have the public record
duplicated upon paper, upon the same medium which this office keeps it,
or upon any other medium which this office determines that it reasonably
can be duplicated as an integral part of the normal operations of this
office. This office is not required to allow the requester to make the
copies of the public record. (R.C. 149.43(B)(6)).
Section 2.3
Public records should be available for inspection at all reasonable
times during regular business hours. Public records should be made
available for inspection promptly. (R.C. 149.43(B)(1). To the extent
that an office may operate 24-hours-a-day, the records of that office
will be made available for inspection during normal administrative
hours.
Copies of public records should be made available within a reasonable
period of time. (R.C. 149.43(B)(1)).
The determination of the terms “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.
Section 2.4
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),
resolutions, budgets, etc.
Section 2.5
Upon request, this office will provide copies of public records to a
requester by United States mail or by any other delivery means or
transmission that this office deems reasonable. (R.C. 149.43(B)(7)).
This office will limit to ten the number of copies of public records
provided per month to a requester by United States Mail, unless the
requester certifies in writing that he/she does not intend to use or
forward the requested records, or the information contained in them, for
commercial purposes. (The word “commercial” should 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 nonprofit educational
research). (R.C. 149.43(B)(7)).
Section 2.6
By Ohio law, this office is not required to permit a person who is
incarcerated pursuant to a criminal conviction or a juvenile
adjudication to inspect or to obtain a copy of any public record
concerning a criminal investigation or prosecution or concerning what
would be a criminal investigation if the subject of the investigation or
prosecution were an adult, unless the judge who imposed the sentence or
made the adjudication with respect to the person, or the judge’s
successor in office, finds that the information sought in the public
record is necessary to support what appears to be a justifiable claim of
the person. R.C. 149.43(B) (8).
Section 2.7
This office, in response to a written request made and signed by a
journalist, which must include the journalist’s name and title and the
name and address of the journalist’s employer and which states that the
disclosure of the information sought would be in the public interest,
will provide the address of the actual personal residence of anyone
employed by this office as a peace officer, firefighter, EMT,
prosecutor, assistant prosecutor, children’s services worker, or
corrections officer, and, if such employee’s spouse, former spouse, or
child is employed by a public office, the name and address of that
public office. (R.C. 149.43(B)(9)).
Section 2.8
Any denial of public records requested, in part or in whole, should
include an explanation, including legal authority, as to why the request
was denied. If the initial request was provided in writing, the
explanation for denial will be provided to the requester in writing. (R.C.
149.43(B)(3)).
If portions of a record are public and portions are exempt, the exempt
portions should be redacted and the rest released. If there are
redactions, the office will notify the requester of any redaction or
make the redaction plainly visible. Each redaction should be accompanied
by a supporting explanation, including legal authority, as to why the
redaction was made. (R.C. 149.43(B)(1) and (2)).
Section 2.9
This office has no duty to provide records acquired after a request for
records is complete.
Section 3. Costs for Public Records
Those seeking public records should be charged only the actual cost of
making copies, unless the cost is otherwise set by statute. (R.C.
149.43(B)(1)). Employee time should not be calculated into the charge
for copying a public record. However, in the event that circumstances
make it reasonable for this office to hire an outside contractor to make
copies of requested records, the requester will be charged the actual
cost paid to the outside contractor for the copying service. (R.C.
149.43(F)(2)(a)). These circumstances may include but not be limited to
a lack of in-house photocopying resources or labor.
This office has no duty to provide copies of public records free of
charge to someone who indicates an inability or unwillingness to pay for
them.
Section 3.1 The charge for paper copies is [TEN] cents per page.
Section 3.2
This office may require a requester to pay in advance the cost involved
in providing the copy of the public record, as requested. (R.C.
149.43(B)(6)).
Section 3.3
Upon request, this office will provide copies of public records to a
requester by
United
States mail or by any other delivery means or transmission that this
office deems reasonable. This office may require such a requester to pay
in advance the cost of postage or costs incurred for other supplies used
in the mailing, delivery, or transmission. (R.C. 149.43(B)(7)).
Section 3.4
There may be instances when this office may be able to provide copies
made in-house without disrupting its normal functions, but only over an
extended period of time. In that instance, this office may offer the
requester the options of (1) having the documents produced through a
faster method by employing temporary personnel and equipment, (2) using
an external private contractor, or (3) having the documents produced
in-house by this public office’s normal staff and equipment in a less
efficient and more time-consuming manner.
Section 4. Failure to respond to a public records request
This office 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, this office’s
failure to comply with a request may result in the requester commencing
a mandamus action against this office in either the court of common
pleas, in the court of appeals, or in the Supreme Court of Ohio. The
court may order this office to comply with the Public Records Act, as
well as order this office to pay statutory damages of one hundred
dollars for each business day (beginning with the day the requester
files the mandamus action) during which this public office failed to
comply (up to a maximum of one thousand dollars), as well as court costs
and the requester’s reasonable attorney fees.
Adopted; December 27, 2007
Windham Board of Trustees
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