Introduction:
It is the policy of North Perry Village that openness leads to a better informed
citizenry, which leads to better government and better public policy. It is the policy of
North Perry Village to strictly adhere to the state’s Public Records Act. All exemptions to
openness are to be construed in their narrowest sense and 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. If the request is in writing, the
explanation must 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 North Perry Village are public
unless they are specifically exempt from disclosure under the Ohio Revised Code.
Section 1.1
It is the policy of North Perry Village that, as required by Ohio law, records will be
organized and maintained so that they are readily available for inspection and copying
(See Section 4 for the e-mail record policy). Record retention schedules are to be updated
regularly and posted prominently.
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 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. It is this
office’s general policy that this information is not to be requested.
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
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 (both in draft and final
form), budgets, salary information, forms and applications, personnel rosters, etc. If
NORTH PERRY VILLAGE
County of Lake
State of Ohio
Public Records Policy
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.
All requests for public records must either be satisfied (see Section 2.4) or be
acknowledged in writing by the North Perry Village 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:
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. 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 5 cents per page.
Section 3.2 The charge for downloaded computer files to a compact disc is $1 per 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 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. E-mail is to be treated in the same
fashion as records in other formats and should follow the same retention schedules.
Section 4.1 – Records in private e-mail accounts 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 accounts and/or to the office’s records custodian.
Section 4.2 – The records custodian is to treat the e-mails from private accounts 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
North Perry Village 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, North Perry Village’s failure to comply with a request
may result in a court ordering North Perry Village to comply with the law and to pay the
requester attorney’s fees and damages.
