Public Record Policy
Introduction:
It is the policy of Laketran that openness leads to a better informed citizenry,
which leads to better government and better public policy. It is the policy of Laketran
to adhere to the State’s Public Records Act. 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.
Section 1. Public Records
This Office, in accordance with the Ohio Revised Code, defines records as including
the following: Any document 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 Laketran
are public unless they are exempt from disclosure under the Ohio Revised Code.
Section 1.1
It is the policy of Laketran that, as required by Ohio law, records will be organized
and maintained so that they are readily available for inspection and copying. Record
retention schedules are to be updated regularly and a copy shall be kept at a location
readily available to the public.
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 records custodian must use reasonable effort to 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 requester 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.
Unless specifically required or authorized by state or federal law or in accordance
with division (B) of this section, no public office or person responsible for public
records may limit or condition the availability of public records by requiring disclosure
of the requester's identity or the intended use of the requested public record.
Any requirement that the requester disclose the requestor's identity or the intended
use of the requested public record constitutes a denial of the request. A public
office or person responsible for public records may ask a requester to make the
request in writing, may ask for the requester's identity, and may inquire about
the intended use of the information requested, but may do so only after disclosing
to the requester that a written request is not mandatory and that the requester
may decline to reveal the requester's identity or the intended use and when a written
request or disclosure of the identity or intended use would benefit the requester
by enhancing the ability of the public office or person responsible for public records
to identify, locate, or deliver the public records sought by the requester.
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
Any denial of public records requested must include an explanation, including legal
authority. If the request is in writing, the explanation for denial of the request
will be provided to the requester in writing. 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 the effective rate adopted by Laketran.
Section 3.2
The charge for downloaded computer files to a compact disc is the cost of the disc.
Section 3.3
There is no charge for documents e-mailed.
Section 3.4
Requesters may ask that documents be mailed to them. They will be charged the effective
rate for the cost of copies, or the cost of the computer disc, as well as 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.
Section 4.1
Records in individual e-mail folders 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 folders and/or to the Office’s records
custodian.
Section 4.2
The records custodian is to treat the e-mails from private folders 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
Laketran 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, Laketran’s failure to comply with a request may result
in a court ordering Laketran to comply with the law and to pay the requester's attorney
fees and damages and court costs.