PUBLIC RECORDS POLICY
(in compliance with O.R.C. 149.43(E)(1))
It is the policy of the Orange Village, Ohio, (the “Village”) to adhere to Ohio’s Public Records Act, Section 149.43 of the Ohio Revised Code and related Sections. Terms used but not defined in this Public Records Policy are used as defined in those Sections and applicable case law.
Section 1. Public Records
Records are organized and maintained so that they can be made available for inspection and copying in accordance with the Public Records Act. The Village’s record retention schedule is maintained in accordance with Section 149.39 of the Ohio Revised Code and a copy of the current records retention schedule is kept in a location readily available to the public. A copy of this Public Records Policy has been distributed to the Village employee who is the records custodian or manager or otherwise has custody of the records of the Village, and a poster that describes this Public Records Policy has been posted in a conspicuous place in all Village locations where public records are available.
Section 2. Requests for Public Records.
Each request for public records should be evaluated for a response using the following guidelines:
No specific language or form of request, is required, but the request must not be ambiguous or overly broad. If the requestor is unable to make, or has difficulty in making, a request which will permit the Village to reasonably identify the records requested, the Village shall permit the requestor to revise the request by informing the requestor of the manner in which the Village keeps its records in the ordinary course of the Village’s duties. If the requestor fails or is unable to revise the request so that it is not ambiguous or overly broad, the Village may deny the request in accordance with Section 149.43(B)(2) of the Ohio Revised Code.
The Village will ask that a request be made in writing, that the requestor’s identity be disclosed or that the requestor’s intended use be disclosed only (1) after informing the requestor that the requestor may decline and (2) when a written request or disclosure of identity or intended use would benefit the requestor by enhancing the ability of the Village to identify, locate or deliver the public records sought. Unless specifically required by state or federal law or as provided above, the Village will not limit or condition the availability of public records by requiring disclosure of the requestor’s identity or intended use.
Upon request, all public records responsive to the request will be promptly prepared and made available for inspection at all reasonable times during regular business hours of the Village office that has custody of the requested records. The Village is not required to permit a person who is incarcerated pursuant to a criminal conviction or a juvenile adjudication to inspect or obtain copies of any public record concerning a criminal investigation or prosecution or concerning what would be a criminal investigation or prosecution if the subject were an adult unless the request complies with Section 149.43(B)(8) of the Ohio Revised Code. Upon request, copies of the requested public record will be made available at the Village’s actual cost within a reasonable period of time. “Promptly” and “reasonable period of time” will take into account relevant factors including 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.
Upon deposit of the Village’s estimated actual cost of copies and of the Village’s estimated cost of postage or delivery and for supplies used in mailing, delivery or transmission, the Village shall make and transmit the requested copies, as applicable. No requestor may make copies of public records kept by the Village without the written consent of the Village. The requestor may choose to have a public record duplicated upon paper, upon the same medium upon which the Village keeps the public record, or upon any other medium upon which the Village determines that the public record reasonably can be duplicated as an integral part of the normal operation of the Village. Upon request, the Village will transmit a copy of a public record by United States mail or by any other means of delivery or transmission within a reasonable time after receiving the request.
If a public record contains information that is exempt from the duty to permit public inspection or to copy the public records, the Village will make available all information within the public record that is not exempt and will notify the requestor of any redaction of exempt information or make the redaction plainly visible. If a request is denied, in whole or in part, including by redaction under this Section 2.5, the Village will provide the requester with an explanation, including legal authority, setting forth why the request was denied. If the initial request was provided in writing, the explanation shall be provided in writing.
Section 3. Costs of Public Records.
A requestor will be charged the actual cost of the copies of the public record, including the cost of any medium onto which the record is copied (e.g. the cost of a floppy disc), and any postage or mailing costs. Copies made by the Village on a Village copier will be charged at five cents ($.05) per page, except that a request which is for ten (10) or fewer pages shall be provided at no charge. If cost of the requested is estimated by the Treasurer or Clerk of Council to be ten dollars ($10) or more, a deposit in the amount of the estimated cost shall be paid to the Village before the copies are made.
Promulgated this _26th _ day of _September , 2007.
Kathy U. Mulcahy,
Mayor of Orange Village