Public Records Policy
General Provisions
It is the policy of the Licking County Board of Developmental Disabilities, hereinafter referred to as the Board, to strictly adhere to the State of Ohio Public Records Act. In accordance with Section 149.011 of the Ohio Revised Code, records are defined as any document, paper, electronic or other format that is created or received by, or comes under the jurisdiction of the Board and serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the Board.
All records of the Board are public unless they are specifically exempt from disclosure by the Ohio Revised Code. Any denial of a request for public records 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.
As required by Ohio Law the Board’s records will be organized and maintained so that they are readily available for inspection and copying. The Board’s records retention schedule is available upon request.
Records retention schedules for records that have administrative, legal, fiscal and historical value will be developed, maintained and periodically updated consistent with applicable rules, regulations and guidelines.
Public records generated by the Board will be maintained and destroyed consistent with the retention schedule approved by the County Records Commission. It is the responsibility of the Superintendent or designee to periodically update the Board’s records retention schedule and submit it to the County Records Commission for approval.
The Director of Administrative Support is the Board’s records officer. Leadership Team members are responsible for implementing the provisions of this policy.
Failure to respond to a public records request
The Board 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 Board’s failure to comply with the law may result in a court ordering the Board to comply and to pay the requester’s attorney fees and damages.
Records that are not public
Certain records are not considered public. The Board will follow what is detailed in ORC 149.43 when determining whether a record is a public record.
Records of applicants for enrollment and people supported are not considered Public Records. These records will only be released in accordance with Board Administrative Policy on Confidentiality of Person Specific Information. Any personally identifying information related to a specific person supported will be redacted from any record before it is released to the public in accordance with confidentiality requirements.
Record Requests
No specific language is required to make a request. However, the requester must at least identify the records requested with sufficient clarity to allow Board Staff to identify, retrieve, and review the records. If it is not clear what records are being sought, the Component Director must contact the requester for clarification and should assist the requester in revising the request by informing him or her of the manner in which the office keeps the records.
The Board may ask a requester to make their 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, that the requester may decline to reveal their 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 Board to identify, locate, or deliver the public records sought by the requester. Board staff will comply with all requests for the release of public records whether or not this information is provided, and regardless of whether the request is made in writing.
Public records are to be available for inspection promptly. Copies of the 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; the necessity for any legal review of the records requested, and the time needed to prepare them for delivery.
Each request will be evaluated for an estimated length of time required to gather the records. Routine requests for records will be satisfied within three business days 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 will be made as quickly as the equipment allows.
All requests for public records must either be satisfied or acknowledged in writing by the Superintendent or designee within three business days following the Board’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:
1) An estimated number of business days it will take to satisfy the request.
2) An estimated cost if copies are requested.
3) Any items within the request that may be exempt from disclosure.
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.
Costs for Public Records
The requesting party may choose to have the records duplicated (1) upon paper, (2) upon the same medium upon which the Board keeps the record, or (3) upon any other medium which the Board determines that the record reasonably can be duplicated as part of normal operation.
There will be no charge for the inspection of records. The charge for making copies of records will be the actual cost to the Board as determined by the Superintendent or designee. This includes the copying of computer records to a compact disc or flash drive. There is no charge for documents that are e-mailed. The Superintendent or designee reserves the right to require pre-payment of copy charges. If requested, public records will be mailed to the party that requested them. The Superintendent or designee reserves the right to require prepayment of the cost of postage and other supplies used in the mailing. There is no limit on the number of records a party may request.
Electronic Communication
Documents in electronic format are records as defined by the Ohio Revised Code when their content documents the organization’s functions, policies, decisions, procedures, operations or other activities of the Board. E-mail, text messages, and instant messages, for example, may be public records if their content documents the business of the office.
Electronic communications are to be treated in the same fashion as records in other formats and should be maintained according to the records retention schedule. The only exceptions to this requirement are records that are specifically exempt from disclosure under the Ohio Revised Code.
Staff is prohibited from using private e-mail accounts, private telephone numbers or personal electronic devices to conduct Board business.
Miscellaneous Provisions
When a staff member’s personnel file has been requested for review by a member of the public, the Board will make reasonable efforts to notify the staff member.
This policy and any future revisions will be required coursework through DDWorks for all Board staff. A transcript of course passage will be maintained annually in the staff member’s personnel file.
The Board will post and maintain in each of its buildings the poster describing the key elements of Ohio’s Public Records Act.