July 28, 2014

Public Records Policy

Adopted: June 15, 2010 

RESOLUTION 2010-34

Printable version (.pdf)

Stark County District Library Public Records Policy

BE IT HEREBY RESOLVED by the Board of Trustees of the Stark County District Library that the Public Records Policy be approved;

Policy Statement: The policy of Stark County District Library, Canton, Ohio, regarding public records, is governed by 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.  

Section 1.  Public records

Under Ohio law, a public office is to create only such 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 affected 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 public 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

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) (2)).

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 Stark County District Library's records are "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 Stark County District Library decides to waive the express exemption.

Examples of records, the release of which is prohibited by state or federal law, include, but are not limited to, the following:

  1. Attorney-client privileged information;
  2. Records of a Certified Public Accountant or public accountant in the performance of an audit of a public office (R.C. 4701.19 (B)):
  3. Federal tax returns (26 U.S.C. 6103 (a));
  4. Criminal background information and other law enforcement information on LEADS/CCH/NCIC computer database (42 U.S.C. 3789g);
  5. Records that have been sealed pursuant to a statutorily authorized court order (i.e. R.C.2953.52);
  6. 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
  7. 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)).
  8. Examples of records that are subject to an express exemption set forth in Ohio's Public Records Act, which may be released only if Stark County District Library decides to waive the express exemption include, but are not limited to, the following:
  9. Peace Officer, firefighter, EMT, prosecutor, assistant prosecutor, children's services worker, or corrections officer, Residential and Familial Information (R.C. 149.43(A) (7));
  10. 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);
  11. 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
  12. 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)).

When applicable, the library may seek a legal review prior to determining whether or not an exception applies. 

Section 2.  Records requests

Each request for public records will be evaluated for a response by the library's Business Office 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 the library 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 the library cannot reasonably identify what public records are being requested, then the library may deny the request.  In such case, the library 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 library and accessed in the ordinary course of the library'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 2.3

The library will permit a requester to choose to have the public record duplicated upon paper, upon the same medium which the library keeps it, or upon any other medium which the library determines that it reasonably can be duplicated as an integral part of the normal operations of the library.  The library is not required to allow the requester to make the copies of the public record.  (R.C. 149.43(B)(6)).

Section 2.4

Public records will be available for inspection at all reasonable times during regular business hours. Also, public records are to be made available for inspection promptly.  (R.C. 149.43(B)(1). 

In addition, copies of public records are to 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 2.5

Each request will be evaluated for an estimated length of time required to gather the records.  Routine requests for records will 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, and budget related documents.

Section 2.6

Upon request, the library will provide copies of public records to a requester by United States mail or by any other delivery means or transmission that the library deems reasonable.  (R.C. 149.43(B)(7)).

The library 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 (R.C. 149.43(B)(7)).

Section 2.7

By Ohio law, the library 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 2.8

The library, 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 the library 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 2.9

Any denial of public records requested, in part or in whole, will 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 as well. (R.C. 149.43(B)(3)).

If portions of a record are public and portions are exempt, the exempt portions will 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 will 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 2.10

The library has no duty to provide records acquired after a request for records is complete.

Section 3.  Costs for Public Records

Those seeking public records will 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 will not be calculated into the charge for copying a public record.  However, in the event that circumstances make it reasonable for the library 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 services.  (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.

The library 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 (fifteen) cents per page.

Section 3.2

The library 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, the library will provide copies of public records to a requester by United States mail or by the any other delivery means or transmission that the library deems reasonable.  The library 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 the library 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, the library 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.

Records Request Form

Please complete this form to make a public records request. Each request will be evaluated by the library's Business Office using the guidelines identified in the Public Records Policy.  Though you are not required to provide your name, you must provide us with contact information when using this form so that we may respond.  Should you wish to remain anonymous, please submit your request by phone, in person, or by printing the .pdf version of the form and presenting it.

Note: Form fields appended with the asterisk (*) are required to ensure the best possible response to your submitted information
Public Records Request
Security Check