Village of South Amherst Public Records Policy

 MISSION STATEMENT

Openness leads to a better informed citizenry, which leads to better government and better public policy.  Consistent with the premise that government at all levels exists first and foremost to serve the interests of the people, it is the mission and intent of The Records Commission to at all times fully comply with and abide by both the spirit and the letter of Ohio’s Public Records Act.

DEFINING PUBLIC RECORDS

All records kept by the Village of South Amherst are public unless they are exempt from disclosure under Ohio law. All public records must be organized and maintained in such a way that they can be made available for inspection and copying.

A record is defined to include the following: A document in any format: paper, electronic (including, but not limited to, business e-mail) – that is created, received by, or comes under the jurisdiction of the Village of South Amherst that documents the organization, functions, policies, decisions, procedures, operations, or other activities of the office.

RESPONSE TIMEFRAME

Public records are to be available for inspection during regular business hours, with the exception of published holidays. Public records must be made available for inspection promptly. Copies of public records must be made available within a reasonable period of time.  “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 and redaction of the records requested.

HANDLING REQUESTS

Any person can make a request for public records by asking a public office or person responsible for public records for specific, existing records. The requester may make a request in any manner the requester chooses: by phone, in-person, or in an email or letter. A public office cannot require the requester to identify themselves or indicate why they are requesting the records, unless a specific law permits or requires it. However, a discussion about the requester’s purpose or interest in seeking information  can aid the public office in locating and producing the desired records more efficiently.

 In processing the request, the office does not have an obligation to create new records or perform new analysis of existing information.  An electronic record is deemed to exist so long as a computer is already programmed to produce the record through simple sorting, filtering, or querying.  Although not required by law, the office may accommodate the requestor by generating new records when it makes sense and is practical under the circumstances.

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

ELECTRONIC RECORDS

Records in the form of e-mail, text messaging, and instant messaging, including those sent and received via a hand-held communications device are to be treated in the same fashion as records in other formats, such as paper or audiotape.

Public record content transmitted to or from private accounts or personal devices is subject to disclosure. All employees or

representatives of this office are required to retain their e-mail records and other electronic records in accordance with applicable records retention schedules.

DENIAL OR REDACTION OF RECORDS

If the requester makes an ambiguous or overly broad request or has difficulty in making a request for public records, the request may be denied, but the denial must provide the requester an opportunity to revise the request by informing the requester of the manner in which records are maintained and accessed by the office.

Any denial of public records requested must include an explanation, including legal authority.  If the initial request was made in writing, the explanation must also be in writing.  If portions of a record are public and portions are exempt, the exempt portions may be redacted and the rest released. When making public records available for public inspection or copying, the office shall notify the requestor of any redaction or make the redaction plainly visible. If there are redactions, each redaction must be accompanied by a supporting explanation, including legal authority.

COPYING AND MAILING COSTS

Those seeking public records may be charged only the actual cost of making copies, not labor.  The charge for paper copies is five cents per page.  The charge for electronic files downloaded to an external drive is the actual cost the Village pays for the electronic media. Only an external drive purchased through the Village may be used for the downloading of electronic files.

A requester may be required to pay in advance for costs involved in providing the copy. The requester may choose whether to have the record duplicated upon paper, upon the same medium in which the public record is kept, or upon any other medium on which the office determines that the record can reasonably be duplicated as an integral part of the office’s normal operations.

If a requester asks that documents be mailed, they may be charged the actual cost of the postage and mailing supplies. There is no charge for documents e-mailed.

MANAGING RECORDS

The Village of South Amherst records are subject to records retention schedules. The office’s current schedules are available at 103 W Main St, a location readily available to the public as required by §149.43(B)(2), Ohio Revised Code or on the Village website: villageofsouthamherst.com

Procedure for Public Records Request

All requests shall be made to the Records Clerk who shall determine the appropriate department of the Village to respond.  The clerk shall inform the person making the request the anticipated time for the completion of the response and coordinate the completion of the request.

Contact information for the clerk is (440)986-2222 ext. 5 or [email protected]