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SD REGULATION: SD-2-2007
City of Troy
Public Records Policy
I. Purpose
The City of Troy maintains many records that are used in the
administration and operation of the City. In accordance with State law,
the City of Troy Records Commission has adopted a schedule of records
retention and disposition that identify these records and this schedule
is available in the Office of the Director of Public Service and Safety.
This schedule lists generally the types of records that are stored on a
fixed medium (e.g. paper or computer) that are created, received, or
sent under the jurisdiction of the City and document the organization,
functions, policies, decisions, procedures, operations, or other
activities of the City. The records maintained by the City and the
ability to access them are means to provide trust between the public and
the City.
II. Custodian of Public Records; When available
The Clerk of Council is the official Public Records Custodian of all
records which are centrally maintained by the City. Department heads are
the official custodians of all records maintained within their
departments. Public records requests may be made directly to department
heads or through the Public Records Custodian.
Requests for records from the Police Department may be made directly to
a police records clerk at the Police Department.
Public records requests will be accommodated during regular business
hours when offices maintaining said records are open for business.
Public records requests will not be accepted on weekends or holidays.
III. General Provisions
Section 1. Public records
Public records include 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 City of Troy are public unless they are specifically exempt from
disclosure under the Ohio Revised Code or federal law.
Section 1.1
It is the policy of the City of Troy that records will be organized and
maintained so that they are readily available for inspection and
copying.
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Public Records Policy
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Section 2. Record 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 Public
Records Custodian must contact the requester for clarification, and
should assist the requester in revising the request by informing the
requeste of the manner in which the office keeps its records.
Section 2.2
The Public Records Custodian may ask the requester to put a verbal
request in writing, may ask for the requester to give identifying
information, or may inquire about the intended use of the information;
but a written request is not mandatory, identifying information is not
required and the intended use does not have to be disclosed. However,
providing such information would benefit the requester by enhancing the
ability of the Public Records Custodian to identify, locate and deliver
the public records requested.
Public records can be accessed by one of the following methods:
* a request to view public records in person;
* a request for copies of public records that the requester will
personally pick up from the Public Records Custodian;
* or a request for copies of public records that the requester wants to
have mailed or otherwise transmitted to the requester.
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.
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Public Records Policy
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a. Request to view public records. The requester may make a request to
view public records. The Public Records Custodian shall prepare the
public records for inspection “promptly,” as required by the Ohio
Revised Code. The actual time required to comply with the request may
depend on the circumstances (such as the location of the records, the
manner kept or the volume of records requested).
b. Copies of public records. The requester may make a request to the
Public Records Custodian to have copies of public records made.
c. Transmitting copies of public records. A requester may request that
copies of public records be transmitted by U.S. Mail or by any other
means of transmission that is available and is conducive to transmitting
the public records. The cost of transmission must be paid by the
requester before the public records will be provided. While the City is
under no obligation to provide records in electronic format, it is the
policy of the City to provide information to the public in the most
practical and convenient manner, considering all of the circumstances.
Therefore, if the City receives a request for information to be made
available in an electronic format, such request will be forwarded to the
Public Records Custodian for a determination as to whether such
information will be generated and released in an electronic format.
Section 2.3
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, budgets, salary information,
forms and applications, and personnel rosters. 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.
Section 2.4
All requests for public records must either be satisfied or be
acknowledged in writing by the public office 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 acknowledgement must include
the following:
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Public Records Policy
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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. Fees and Payment
Those seeking public records will be charged only the actual cost of
making copies or printing pictures and shall also pay the actual cost
(e.g. postage) of delivery and other supplies used in mailing, delivery
or transmission of the public record. Payment for public records
requests may be required prior to the actual copying or printing of
records.
Copies made on letter or legal size paper are $0.05 per page. If the
Public Records Custodian uses an outside copying service to make the
copies, the requester will be required to pay the cost of the entire
copying job, as billed by the copying service. Copies that are requested
in some format other than normal letter or legal paper will be “at
cost,” without taking into account employee time spent preparing the
copies. (For example, public records in electronic format placed on a CD
will be assessed the cost of the CD, plus the cost, if any, of creating
the electronic copies.)
Public records will only be copied by the Public Records Custodian or
other authorized officers, employees or representatives. The Public
Records Custodian may use an outside copying service to make the copies,
at the Public Records Custodian’s discretion. Under no circumstances
will the requester be permitted to make the copies himself or herself.
The manner of copying is at the discretion of the Public Records
Custodian. Requests to copy a certain number of public records on a
given page, by “reducing” copy size or otherwise, may be met at the
discretion of the Public Records Custodian.
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Public Records Policy
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Ohio law may provide for specific fees to be charged for certain records
(e.g. police accident reports $4.00 each, with photographs at an
additional cost, pursuant to R.C. §5502.12).
Section 4. Denial of a Public Records Request
Under certain circumstances, some records may not be “public records”
under Ohio law or are exempt from disclosure under federal law. In these
situations, the public record request will be denied on that basis. A
denial that is responding to a written public records request will also
be given in writing. Written reasons for denial will not be required for
verbal public records requests. 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, unless federal or state law authorized or requires the
redaction.
a. Redaction. When a public record contains information that is not
within the definition of a “public record” as defined by law, or is
exempted by law, the Public Records Custodian will make available that
portion of the pubic record that does meet the definition of a “public
record”. The Public Records Custodian shall make a copy of the public
record, perform the redaction, then make a copy of that sheet and make
the second copy available to the requester. The requested will not be
charged for the first copy made. If practical, the first copy will be
retained by the Public Records Custodian.
b. Requests that are ambiguous, overly broad, or are difficult to
identify the public records requested. At times, a requester may make a
public records request from which the Public Records Custodian cannot
determine which public records are being sought. In such circumstances,
the Public Records Custodian will inform the requester that the public
records request is denied, but will give the requester an opportunity to
more accurately describe the public records sought. If the requester is
seeking public records organized in a certain way, but the public
records are not organized in that way, the Public Records Custodian will
inform the requester of the manner that the public records of the office
under discussion are maintained and accessed. The requester may then
submit a public records request that more accurately reflects the actual
organization of the public records sought.
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Public Records Policy
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IV. Section 5. Compliance
The Public Records Custodian reserves the right to consult with legal
counsel prior to the release of any public records to comply with laws
regarding the release of certain records.
Section 6. Failure to respond to a public records request
The City of Troy recognizes the legal and non-legal consequences of
failure to
properly respond to a public records request.
Effective: September 29, 2007
______________/s/________________
Sue G. Knight
Acting Director of Public Service and Safety
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