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PUBLIC RECORDS POLICY

MISSION STATEMENT

Openness leads to a better-informed citizenry, which leads to better government and better public policy. It is the mission and intent of the Shelby County Park District 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

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

A “public record’ is a “record” that is being kept by this office at the time a public records request is made, subject to applicable exemptions from disclosure under Ohio or federal law. All public records must be organized and maintained in such a way that they can be made available for inspection and copying. 

RESPONSE TIMEFRAME

Public records are to be available upon request. Public records must be made available for inspection promptly. Copies of the public records must be made 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, the necessity for any legal review and redaction, and other facts and circumstances of the records requested. 

It is the goal of the Shelby County Park District that all requests for public records should be acknowledged in writing or, if feasible, satisfied within three meetings (we meet once a month) following the office’s receipt of the request. 

HANDLING REQUESTS

No specific language is required to make a request for public records. However, the requester must at least identify the records requested with sufficient clarity to allow the office to identify, retrieve, and review the records. 

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(s). It is this office’s general policy that this information is not to be requested. However, the law does permit the office to ask for a written request, the requester’s identity, and/or the intended use of the information requested, but ONLY if (1) a written request or disclosure of identity or intended use would benefit the requester by enhancing the office’s ability to identify, locate, or deliver the public records that have been requested; (2) the requester is first told that a written request is not required and that the requester may decline to reveal the requester’s identity or intended use. 

In processing the request, the office does not have an obligation to create new records or perform a search for information in the office’s records. An electronic record is deemed to exist so long as a computer is already programmed to produce the record through the office’s standard use of sorting, filtering, or querying features. Although not required by law, the office should consider generating new records when it makes sense and is practical under the circumstances. 

Once we have received your request, we will provide our response, and estimated cost if copies have been requested, and the items (if any) that we expect may be exempt from disclosure. If at any time prior to completing our response, we believe our response will take longer than initially estimated (because of the volume of records requested, the proximity of location where the records are stored, or the complexity of the legal review), we will inform you of this change. 

If any portion of your request for records must be denied because the records are exempt from disclosure under the law, we will inform you which records you have requested are not publicly by clearly marking the portion “redacted” or we will explain which portions of the record(s) have been redacted. In addition, we will provide you with the legal authority upon which we have relied. 

In processing a request for inspection of a public record, the Fiscal Officer may accompany the requester during inspection to make certain original records are not taken or altered. 

A copy of the most recent addition of the Ohio Sunshine Laws Manual is available via the Attorney General’s website (www.ohioattorneygeneral.gov/YellowBook) for the purpose of keeping employees of the office and the public educated as to the office’s obligations under Ohio’s Public Records Act, Ohio’s Open Meetings Act, records retention laws, and Personal Information Systems Act. 

ELECTRONIC RECORDS

Public record content transmitted to or from a private account or personal device 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 AND REDACTION OF RECORDS

If the requester makes an ambiguous or overly broad request or has difficulty in making a request such that the office cannot reasonably identify what public records are being requested, the request may be denied, but the office must then provide the requester an opportunity to revise the request by information the requester of the manner in which records are maintained and accessed by the office. 

If the office withholds, redacts, or otherwise denies requested records, it must provide an explanation, including legal authority, for the denial(s). If the initial request was made in writing, the explanation must also be in writing. If the portions of a record are public portions are exempt, the exempt portions may be redacted, and the rest must be released. When making public records available for public inspection or copying, the office shall notify the requester of any redaction or make the redaction plainly visible. 

COPYING AND MAILING COSTS

Those seeking public records may be charged only the actual cost of making copies, not labor. A requester may be required to pay in advance for the actual costs involved in providing the copy. The requester may choose whether to have the record duplicated upon, paper, upon the same medium on 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 the requester asks that documents be delivered to them, they may be charged the actual cost of the postage and mailing supplies, or other actual costs of delivery. There is no charge for e-mailed documents. 

MANAGING RECORDS

The Shelby County Park District records are subject to records retention schedules. The office’s current schedules are available by visiting our website: https://shelbycopark.org (a location readily available to the public as required by Ohio Revised Code 149.43 (B) (2).

GATEKEEPER

The Fiscal Officer may be contacted through the office’s website (https://shelbycopark.org) for request of records. The Fiscal Officer will maintain the Request Log with the records requested, number of copies, and the date the request has been fulfilled.