| ESC of Central Ohio |
| Administrative Guidelines |
8310A - PUBLIC RECORDS
The public records of this Office are available for public inspection and/or copying in accordance with Ohio law, including but not limited to the Public Records Act (the "PRA"), R.C. 149.43. Many, but not all of the exceptions to the PRA are specified in R.C. 149.43 (A) (1). The purpose of this document is to establish administrative guidelines for processing public records requests. The ESC of Central Ohio may deviate from these guidelines based on the facts and circumstances surrounding a particular public records request.
Designation of Officers
The CFO/Treasurer shall be the Center Records Officer (CRO).
Location and Time
Public records are to be available for inspection during regular business hours, with the exception of published holidays. The Center shall organize and maintain public records in a manner such that they are promptly made available for inspection or copying. "Prompt" and "reasonable" take into account the facts and circumstances of each individual request, including but not limited to 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. A member of the staff must be present throughout the inspection and copying of such record. Requesters may not remove public records.
While the Center is responsible for promptly preparing and making available public records, State law does not require the Center to provide additional information that may be related to a record but is not part of a record. In addition, the Center is not required to create a new record to respond to a public records request.
While personnel files contain public records, some specific information and/or records contained in such files may be confidential and not subject to disclosure (see AG
8320).Procedures
Requests to inspect and/or obtain copies of public records shall be submitted to the Center Records Officer. A public records request must at least identify the records requested with sufficient clarity to allow the Center to identify, retrieve, and review the records. If it is not clear what records are being sought, the CRO shall contact the requester for clarification.
Individuals requesting to inspect and/or obtain copies of public records do not have to put records requests in writing and do not have to provide his/her identity or the intended use of the requested public record(s).
Unless otherwise permitted by law, the Center shall not limit or condition the availability of public records by requiring disclosure of the requester’s identity or the intended use of the requested public record. The Center may ask a requestor to make the request in writing, may ask for the requester’s identity, and may inquire about the intended use of the information requested, but may do so only after disclosing to the requester that a written request is not mandatory and that the requester may decline to reveal the requester’s identity or the intended use and when a written request or disclosure of the identity or intended use would benefit the requester by enhancing the ability of the Center to identify, locate, or deliver the public records sought by the requester.
Each request shall be evaluated for an estimated length of time required to gather the records. Routine request for records should be satisfied immediately if feasible to do so. Routine requests include, but are not limited to, meeting minutes (both draft and final form), budgets, salary information, forms and applications, personnel roster, etc.
All requests for public records must either be satisfied (as above) or be acknowledged in writing by the CRO promptly following the Center's receipt of the request. If the request for records was in writing, the acknowledgement shall also be in writing.
With respect to public records which are determined to be available, the CRO will direct the requester to the place where the requested records may be inspected and will arrange for the preparation and certification of copies upon tender of any required fee.
If portions of a record are public and portions are exempt, the exempt portions are to be redacted and the rest released. When making a public record available for public inspection or copying, the CRO shall notify the requester of any redactions plainly visible. A redaction shall be deemed a denial of a request to inspect or copy the redacted information, except if federal or state law authorizes or requires the Center to make the redaction. Any denial of public records requested must include an explanation, including legal authority. If the initial request was provided in writing, the explanation also shall be provided to the requester in writing.
With respect to records which are determined not to be available, the CRO will notify the requester of same, noting the reason for unavailability on the request form if one is submitted, and return one (1) copy of the form to the requester. The CRO shall also notify the requester of the estimated time necessary for the record to become available, make arrangements with the requester for delivery of the requested records, and arrange a method of communication between the requester and the Center in the event that further information is needed by the Center to fulfill the request.
Fees
Upon request, copies of public records will be provided at the actual cost of making copies:
| A. | The charge for paper copies is ten cents ($.10) per page. | ||
| B. | The charge for downloaded computer files to a compact disc is $1.00 per disc. | ||
| C. | There is no charge for documents e-mailed. |
A person who chooses to purchase a copy of a public record may also choose to have that record sent to him/her by United States mail or by other means of delivery or transmission provided the person making the request pays in advance for said record as well as costs for postage and supplies used in the mailing.
Electronic Mail
Documents in electronic mail format are records as defined by the Ohio Revised Code when their content relates to the business of the Center. E-mail shall be treated in the same fashion as records in other formats and shall follow the same retention schedule.Records in private e-mail accounts used to conduct public business are subject to disclosure, and all employees or representatives of the Center shall retain e-mails that relate to public business and shall copy them to their business e-mail account(s) or to the records custodian.
The records custodian shall treat e-mail from private accounts that are used to conduct public business, thus subject to disclosure, as records of the Center. These records shall be filed appropriately, retained in accordance with the established schedules, and made available for inspection and copying in accordance with the Public Records Act.
RETENTION OF RECORDS
Refer to the schedule adopted by the District Records Commission.
Revised 3/98
Revised 7/16/08
Revised 9/9/16