Public Records Request

Purpose

The purpose of this policy is to comply with the Ohio Public Records Act and Section 149.43, Ohio Revised Code, which provides prompt inspection of public records and upon request, copies of public records within a reasonable amount of time.

Policy

The Board and administration of the Prevention & Recovery Board recognize that most records generated by and for the operation of the Board are public documents — including, but not limited to, Board minutes and Executive Director’s Reports to the Board; receipts and expenditures; salary schedules and position descriptions, safety and health materials, contracts, and policy statements. As such, management recognizes that these public records are open to public review.

Definitions

• A “public record” is a record kept by any public officer that is stored on a fixed medium, created, received or coming under the jurisdiction of a public office, and which documents the organization, functions, policies, decisions, procedures, operations or other activities of the office. Public record documents include, but are not limited to: paper, tapes, e-mails, databases, electronic documents, texts, photos, films and videos.
• A “public office” includes entities that are established under Ohio law for the exercise of any function of government.

Records and information that are excluded from the definition of “public record” include:

1. Records for which the release is otherwise prohibited by state or federal law.
2. Medical records protected by HIPAA (see HIPAA policies and procedures).
3. Trial preparation records that contain information that was specifically compiled in reasonable anticipation of, or in defense of, a civil or criminal action or proceeding.
4. Probation records, parole records and records pertaining to proceedings related to the position of community control sanctions and post-release control sanctions.
5. “Infrastructure records” (information that discloses the configuration of computer systems, electrical systems, mechanical systems, ventilation systems, plumbing systems, security codes) and “security records” (records that contain information directly used for protecting or maintaining the security of a public office against attack, interference, or sabotage; or any record assembled, prepared or maintained by a public office to prevent, lessen or respond to acts of terrorism).
6. Trade Secrets (as defined in Ohio law). This exemption may apply to contracts and other information related to parties with whom the Board does business.
7. Certain information related to child fatality review boards.
8. Information pertaining to the recreational activities of a person under the age of eighteen.
9. Certain employee information including social security numbers, home addresses and any employee information that is a non-record.

Processing Requests

The Executive Director is the Records Manager for JCPRB. Requests to review public records are made to the Executive Director or shall be forwarded to the Executive Director by other Board Staff.

A requester cannot be required to put a records request in writing and cannot be required to provide his or her identity or the intended use of the requested public record. If a written request of the person’s identity and/or use of the information would benefit the requester by helping the Board identify, locate or deliver the records being sought, the Board may request that information as long as the requester is informed that it is not required to be provided.

The requester must identify the records requested with sufficient clarity to allow the Board to identify, retrieve, and review the records.

If a request is ambiguous, is overly broad, or the information requested cannot be reasonably identified, the initial request may be denied by the Board, but the Board will inform the requester of the way records are obtained and accessed by the Board and the requester will be given an opportunity to revise the request.

The Board is not required to create new records or perform a search or research for information in the Board’s records. Only records currently kept by the Board are subject to a public records request. An electronic record is deemed to exist so long as a computer is already programmed to produce the record through the Board’s standard use of sorting, filtering, or querying features.

A requester may choose whether to have the records duplicated upon paper, upon the same medium on which the public record is kept, or upon any other medium on which the Board determines that the record can reasonably be duplicated as an integral part of the Board’s normal operations.

In processing a request for inspection of a public record, a Board employee may accompany the requester during inspection to make certain original records are not taken or altered.

To the extent feasible, the Board will organize and maintain public records in such a way that they can be made available for inspection and copying. The Board’s retention policy will be kept in a location that is readily available to the public.

Unless provided in the Public Records Law, this policy does not limit the number of public records made available during business hours.

Response Timeframe

To the extent feasible, public records will be made available promptly for inspection at all reasonable times during regular business hours. Copies of public records will be made available within a reasonable period of time. Exact timeframes depend upon factors such as the volume of records requested, the storage of the records, the necessity for legal review and redaction and other circumstances of the records requested. If the Board is unable to complete the request within three (3) days, the Board will notify the requestor in writing. This acknowledgement will include the estimated timeframe for satisfying the request, an estimated cost if copies are requested, and a list of items or documents that may be exempt from disclosure and the legal authority for the exemption.

Copying and Mailing Costs

The requester will only be charged for the actual cost of making and mailing copies. The charge for paper copies is 10 cents per page. The charge for downloaded computer files to a compact disc/flash drive is 10 cents per page. If the requester seeks to have the records delivered, a charge may be imposed for the cost of postage, mailing supplies and any other actual costs of delivery. There is no charge for e-mailed documents. A requester may be required to pay in advance for the actual costs involved in copying and/or delivering the records.

Denial and Redaction

If portions of the requested records are exempt from public access, the exempt portions are to be redacted or excluded and the rest of the records released to the requester. If requested records are redacted or access is denied in whole or part, the Board will provide an explanation, including applicable legal authority for the denial or redaction. The explanation will be provided in writing if the original request was in writing. When redacting information from a request, the Board is required to notify the requester of any redaction or make the redaction plainly visible.