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PUBLIC RECORDS
POLICY
Introduction:
It is the policy of the Shelby County Clerk of Courts Office
that openness leads to a better informed citizenry, which
leads to better government and better public policy. It
is the policy of this office to strictly adhere to the state’s
Public Records Act. All exemptions to openness are to be
construed in their narrowest sense and any denial of public
records in response to a valid request must be accompanied
by an explanation, including legal authority, as outlined
in the Ohio Revised Code. If the request is in writing,
the explanation must also be in writing.
Section 1. Public records
This office, in accordance with the Ohio Revised Code, defines
records as including the following: Any document—paper,
electronic (including, but not limited to, e-mail), or other
format – that is created or received by, or comes
under the jurisdiction of a public office that documents
the organization, functions, policies, decisions, procedures,
operations, or other activities of the office. All records
of the Shelby County Clerk of Courts Office are public unless
they are specifically exempt from disclosure under the Ohio
Revised Code.
Section 1.1
It is the policy of the Shelby county Clerk of Courts Office
that, as required by Ohio law, records will be organized
and maintained so that they are readily available for inspection
and copying (See Section 4 for the e-mail record policy).
Record retention schedules are to be updated regularly and
posted prominently.
Section 2. Records requests
Each request for public records should be evaluated for
a response 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 public office to identify,
retrieve, and review the records. If it is not clear what
records are being sought, the records custodian must contact
the requester for clarification, and should assist the requestor
in revising the request by informing the requestor of the
manner in which the office keeps its records.
Section 2.2
The requestor does not have to put a records request in
writing, and does not have to provide his or her identity
or the intended use of the requested public record. It is
this office’s general policy that this information
is not to be requested.
Section 2.3
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 of the records requested.
Section 2.4
Each request should be evaluated for an estimated length
of time required to gather the records. Routine requests
for records should be satisfied immediately if feasible
to do so. Routine requests include, but are not limited
to, meeting minutes (both in draft and final form), budgets,
salary information, forms and applications, personnel rosters,
etc. If fewer than 20 pages of copies are requested or if
the records are readily available in an electronic format
that can be e-mailed or downloaded easily, these should
be made as quickly as the equipment allows. If more copies
are requested, an appointment should be made with the requestor
on when the copies or computer files can be picked up. All
requests for public records must either be satisfied (see
Section 2.4) or be acknowledged in writing by the Shelby
County Clerk of Courts Office within three business days
following the office’s receipt of the request. If
a request in deemed significantly beyond “routine”,
such as seeking a voluminous number of copies or requiring
extensive research, the acknowledgement must include the
following:
Section 2.4a
An estimated number of business days it will take to satisfy
the request.
Section 2.4b
An estimated cost if copies are requested.
Section 2.4c
Any items within the request that may be exempt from disclosure.
Section 2.5
Any denial of public records requested must include an explanation,
including legal authority. If portions of a record are public
and portions are exempt, the exempt portions are to be redacted
and the rest released. If there are redactions, each redaction
must be accompanied by a supporting explanation, including
legal authority.
Section 3. Costs for Public Records
Those seeking public records will be charged only the actual
cost of making copies.
Section 3.1
The charge for paper copies is 10 cents per page.
Section 3.2
Requestors may ask that documents be mailed to them. They
will be charged the actual cost of the postage and mailing
supplies.
Section 4. E-mail
Documents in electronic mail format are records as defined
by the Ohio Revised Code when their content relates to the
business of the office. E-mail is to be treated in the same
fashion as records in other formats and should follow the
same retention schedules.
Section 4.1
Records in private e-mail accounts used to conduct public
business are subject to disclosure, and all employees or
representatives of this office are instructed to retain
their e-mails that relate to public business (see Section
1 Public Records) and to copy them to their business e-mail
accounts and/or to the office’s records custodian.
Section 4.2
The records custodian is to treat the e-mails from private
accounts as records of the public office, filing them in
the appropriate way, retaining them per established schedules
and making them available for inspection and copying in
accordance with the Public Records Act.
Section 5 Failure to respond
to a public records request
The Shelby County Clerk of Courts recognizes the legal and
non-legal consequences of failure to properly respond to
a public records request. In addition to the distrust in
government that failure to comply may cause, the Shelby
County Clerk of Courts Office’s failure to comply
with a request may result in a court ordering the Shelby
County Clerk of Courts Office to comply with the law and
to pay the requestor attorney’s fees and damages.
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