Public Records Policy
Introduction
It is the policy of the Sylvania Police Division to strictly adhere to the state’s Public Records Act. Exemptions to openness are to be construed in their narrowest sense, and any denial of public records in response to a valid request will be accompanied by an explanation, including legal authority, as outlined in the Ohio Revised Code. If the request is in writing, the explanation will 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 Sylvania Police Division are public unless they are specifically exempt from disclosure under the Ohio Revised Code.
Section 1.1
It is the policy of the Sylvania Police Division that, as required by Ohio law, records are organized and maintained so that they are readily available for inspection or copying. Record retention schedules will be updated regularly and posted prominently.
Section 2. Record Requests
Each request for public records will be evaluated for a response using the following guidelines:
Section 2.1
In order to facilitate the processing of a request we ask that the requester voluntarily complete a form. This information is needed in order to contact the requester for clarification purposes and/or notifying them when the record is ready for pick-up. 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 Sylvania Police Division to identify, retrieve and review the records. If it is not clear what records are being sought, the records custodian will contact the requester for clarification and will assist the requestor in revising the request by informing the requester of the manner in which the Sylvania Police Division keeps its records.
Section 2.2
If the requester wishes they do not have to provide their identity, and they will not be required to give the intended use of the requested public record. It is the general policy of the Sylvania Police Division that this information is not required.
Section 2.3
Public records will be available for inspection during regular business hours, with the exception of published holidays. Regular business hours are from 8 a.m. to 4 p.m., Monday through Friday. Public records will be made available for inspection promptly. Copies of public records will 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
Routine requests for records will be satisfied promptly if feasible to do so. 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 requests will be given prompt attention. If the request is for more than 20 pages, or for older records that are not readily available, then additional time may be required.
All requests for public records will either be satisfied, or the requester will be notified within three business days following the office’s receipt of the request. If a request is deemed significantly beyond “routine,” such as seeking a voluminous number of copies or requiring extensive research, the requester will be notified of one of 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 will include an explanation, including legal authority. 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 redaction will 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
There will be no charge for requests that are less than 20 pages. Requests for 20 pages or more will be charged 5 cents per page, starting with the first page.
Section 3.2
The charge for downloaded computer files to a CD/DVD/audio tape is $1 per disc or tape.
Section 3.3
There is no charge for documents e-mailed.
Section 3.4
The charge for printing photos from a computer file will be $1 per page, regardless of the number of photos on the page.
Section 3.5
Requesters may ask that documents be mailed to them. They will be charged the actual cost of the postage and mailing supplies and the cost of the copies, if applicable.
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 Sylvania Police Division. E-mail is to be treated in the same fashion as records in other formats and follows the same retention schedules.
Section 4.1
Records in private e-mail accounts used to conduct public business are subject to disclosure. All employees or representatives of the Sylvania Police Division are instructed to retain their e-mails that relate to police department business and to copy them to their business e-mail accounts and/or to the designated records custodian for business e-mails.
Section 4.2
The records custodian will treat the e-mails from private accounts as records of the Sylvania Police Division, filing them in the appropriate way, retaining them per established retention 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 Sylvania Police Division 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 Sylvania Police Division’s failure to comply with a request may result in a court ordering the Sylvania Police Division to comply with the law and to pay the requester attorney’s fees and damages.