(1) "Public record" means records kept by any public office, | 9 |
including, but not limited to, state, county, city, village, | 10 |
township, and school district units, and records pertaining to the | 11 |
delivery of educational services by an alternative school in this | 12 |
state kept by the nonprofit or for-profit entity operating the | 13 |
alternative school pursuant to section 3313.533 of the Revised | 14 |
Code. "Public record" does not mean any of the following: | 15 |
(5) "Intellectual property record" means a record, other than | 147 |
a financial or administrative record, that is produced or | 148 |
collected by or for faculty or staff of a state institution of | 149 |
higher learning in the conduct of or as a result of study or | 150 |
research on an educational, commercial, scientific, artistic, | 151 |
technical, or scholarly issue, regardless of whether the study or | 152 |
research was sponsored by the institution alone or in conjunction | 153 |
with a governmental body or private concern, and that has not been | 154 |
publicly released, published, or patented. | 155 |
(7) "Peace officer, parole officer, probation officer, | 160 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 161 |
correctional employee, youth services employee, firefighter, EMT, | 162 |
or investigator of the bureau of criminal identification and | 163 |
investigation residential and familial information" means any | 164 |
information that discloses any of the following about a peace | 165 |
officer, parole officer, probation officer, bailiff, prosecuting | 166 |
attorney, assistant prosecuting attorney, correctional employee, | 167 |
youth services employee, firefighter, EMT, or investigator of the | 168 |
bureau of criminal identification and investigation: | 169 |
(a) The address of the actual personal residence of a peace | 170 |
officer, parole officer, probation officer, bailiff, assistant | 171 |
prosecuting attorney, correctional employee, youth services | 172 |
employee, firefighter, EMT, or an investigator of the bureau of | 173 |
criminal identification and investigation, except for the state or | 174 |
political subdivision in which the peace officer, parole officer, | 175 |
probation officer, bailiff, assistant prosecuting attorney, | 176 |
correctional employee, youth services employee, firefighter, EMT, | 177 |
or investigator of the bureau of criminal identification and | 178 |
investigation resides; | 179 |
(c) The social security number, the residential telephone | 182 |
number, any bank account, debit card, charge card, or credit card | 183 |
number, or the emergency telephone number of, or any medical | 184 |
information pertaining to, a peace officer, parole officer, | 185 |
probation officer, bailiff, prosecuting attorney, assistant | 186 |
prosecuting attorney, correctional employee, youth services | 187 |
employee, firefighter, EMT, or investigator of the bureau of | 188 |
criminal identification and investigation; | 189 |
(d) The name of any beneficiary of employment benefits, | 190 |
including, but not limited to, life insurance benefits, provided | 191 |
to a peace officer, parole officer, probation officer, bailiff, | 192 |
prosecuting attorney, assistant prosecuting attorney, correctional | 193 |
employee, youth services employee, firefighter, EMT, or | 194 |
investigator of the bureau of criminal identification and | 195 |
investigation by the peace officer's, parole officer's, probation | 196 |
officer's, bailiff's, prosecuting attorney's, assistant | 197 |
prosecuting attorney's, correctional employee's, youth services | 198 |
employee's, firefighter's, EMT's, or investigator of the bureau of | 199 |
criminal identification and investigation's employer; | 200 |
(e) The identity and amount of any charitable or employment | 201 |
benefit deduction made by the peace officer's, parole officer's, | 202 |
probation officer's, bailiff's, prosecuting attorney's, assistant | 203 |
prosecuting attorney's, correctional employee's, youth services | 204 |
employee's, firefighter's, EMT's, or investigator of the bureau of | 205 |
criminal identification and investigation's employer from the | 206 |
peace officer's, parole officer's, probation officer's, bailiff's, | 207 |
prosecuting attorney's, assistant prosecuting attorney's, | 208 |
correctional employee's, youth services employee's, firefighter's, | 209 |
EMT's, or investigator of the bureau of criminal identification | 210 |
and investigation's compensation unless the amount of the | 211 |
deduction is required by state or federal law; | 212 |
(f) The name, the residential address, the name of the | 213 |
employer, the address of the employer, the social security number, | 214 |
the residential telephone number, any bank account, debit card, | 215 |
charge card, or credit card number, or the emergency telephone | 216 |
number of the spouse, a former spouse, or any child of a peace | 217 |
officer, parole officer, probation officer, bailiff, prosecuting | 218 |
attorney, assistant prosecuting attorney, correctional employee, | 219 |
youth services employee, firefighter, EMT, or investigator of the | 220 |
bureau of criminal identification and investigation; | 221 |
As used in divisions (A)(2), (A)(7), and (B)(9) of this | 226 |
section, "peace officer" has the same meaning as in section 109.71 | 227 |
of the Revised Code and also includes the superintendent and | 228 |
troopers of the state highway patrol; it does not include the | 229 |
sheriff of a county or a supervisory employee who, in the absence | 230 |
of the sheriff, is authorized to stand in for, exercise the | 231 |
authority of, and perform the duties of the sheriff. | 232 |
(B)(1) Upon request and subject to division (B)(8) of this | 285 |
section, all public records responsive to the request shall be | 286 |
promptly prepared and made available for inspection to any person | 287 |
at all reasonable times during regular business hours. Subject to | 288 |
division (B)(8) of this section, upon request, a public office or | 289 |
person responsible for public records shall make copies of the | 290 |
requested public record available at cost and within a reasonable | 291 |
period of time. If a public record contains information that is | 292 |
exempt from the duty to permit public inspection or to copy the | 293 |
public record, the public office or the person responsible for the | 294 |
public record shall make available all of the information within | 295 |
the public record that is not exempt. When making that public | 296 |
record available for public inspection or copying that public | 297 |
record, the public office or the person responsible for the public | 298 |
record shall notify the requester of any redaction or make the | 299 |
redaction plainly visible. A redaction shall be deemed a denial of | 300 |
a request to inspect or copy the redacted information, except if | 301 |
federal or state law authorizes or requires a public office to | 302 |
make the redaction. | 303 |
(2) To facilitate broader access to public records, a public | 304 |
office or the person responsible for public records shall organize | 305 |
and maintain public records in a manner that they can be made | 306 |
available for inspection or copying in accordance with division | 307 |
(B) of this section. A public office also shall have available a | 308 |
copy of its current records retention schedule at a location | 309 |
readily available to the public. If a requester makes an ambiguous | 310 |
or overly broad request or has difficulty in making a request for | 311 |
copies or inspection of public records under this section such | 312 |
that the public office or the person responsible for the requested | 313 |
public record cannot reasonably identify what public records are | 314 |
being requested, the public office or the person responsible for | 315 |
the requested public record may deny the request but shall provide | 316 |
the requester with an opportunity to revise the request by | 317 |
informing the requester of the manner in which records are | 318 |
maintained by the public office and accessed in the ordinary | 319 |
course of the public office's or person's duties. | 320 |
(3) If a request is ultimately denied, in part or in whole, | 321 |
the public office or the person responsible for the requested | 322 |
public record shall provide the requester with an explanation, | 323 |
including legal authority, setting forth why the request was | 324 |
denied. If the initial request was provided in writing, the | 325 |
explanation also shall be provided to the requester in writing. | 326 |
The explanation shall not preclude the public office or the person | 327 |
responsible for the requested public record from relying upon | 328 |
additional reasons or legal authority in defending an action | 329 |
commenced under division (C) of this section. | 330 |
(5) A public office or person responsible for public records | 339 |
may ask a requester to make the request in writing, may ask for | 340 |
the requester's identity, and may inquire about the intended use | 341 |
of the information requested, but may do so only after disclosing | 342 |
to the requester that a written request is not mandatory and that | 343 |
the requester may decline to reveal the requester's identity or | 344 |
the intended use and when a written request or disclosure of the | 345 |
identity or intended use would benefit the requester by enhancing | 346 |
the ability of the public office or person responsible for public | 347 |
records to identify, locate, or deliver the public records sought | 348 |
by the requester. | 349 |
(6) If any person chooses to obtain a copy of a public record | 350 |
in accordance with division (B) of this section, the public office | 351 |
or person responsible for the public record may require that | 352 |
person to pay in advance the cost involved in providing the copy | 353 |
of the public record in accordance with the choice made by the | 354 |
person seeking the copy under this division. The public office or | 355 |
the person responsible for the public record shall permit that | 356 |
person to choose to have the public record duplicated upon paper, | 357 |
upon the same medium upon which the public office or person | 358 |
responsible for the public record keeps it, or upon any other | 359 |
medium upon which the public office or person responsible for the | 360 |
public record determines that it reasonably can be duplicated as | 361 |
an integral part of the normal operations of the public office or | 362 |
person responsible for the public record. When the person seeking | 363 |
the copy makes a choice under this division, the public office or | 364 |
person responsible for the public record shall provide a copy of | 365 |
it in accordance with the choice made by the person seeking the | 366 |
copy. Nothing in this section requires a public office or person | 367 |
responsible for the public record to allow the person seeking a | 368 |
copy of the public record to make the copies of the public record. | 369 |
(7) Upon a request made in accordance with division (B) of | 370 |
this section and subject to division (B)(6) of this section, a | 371 |
public office or person responsible for public records shall | 372 |
transmit a copy of a public record to any person by United States | 373 |
mail or by any other means of delivery or transmission within a | 374 |
reasonable period of time after receiving the request for the | 375 |
copy. The public office or person responsible for the public | 376 |
record may require the person making the request to pay in advance | 377 |
the cost of postage if the copy is transmitted by United States | 378 |
mail or the cost of delivery if the copy is transmitted other than | 379 |
by United States mail, and to pay in advance the costs incurred | 380 |
for other supplies used in the mailing, delivery, or transmission. | 381 |
In any policy and procedures adopted under this division, a | 389 |
public office may limit the number of records requested by a | 390 |
person that the office will transmit by United States mail to ten | 391 |
per month, unless the person certifies to the office in writing | 392 |
that the person does not intend to use or forward the requested | 393 |
records, or the information contained in them, for commercial | 394 |
purposes. For purposes of this division, "commercial" shall be | 395 |
narrowly construed and does not include reporting or gathering | 396 |
news, reporting or gathering information to assist citizen | 397 |
oversight or understanding of the operation or activities of | 398 |
government, or nonprofit educational research. | 399 |
(8) A public office or person responsible for public records | 400 |
is not required to permit a person who is incarcerated pursuant to | 401 |
a criminal conviction or a juvenile adjudication to inspect or to | 402 |
obtain a copy of any public record concerning a criminal | 403 |
investigation or prosecution or concerning what would be a | 404 |
criminal investigation or prosecution if the subject of the | 405 |
investigation or prosecution were an adult, unless the request to | 406 |
inspect or to obtain a copy of the record is for the purpose of | 407 |
acquiring information that is subject to release as a public | 408 |
record under this section and the judge who imposed the sentence | 409 |
or made the adjudication with respect to the person, or the | 410 |
judge's successor in office, finds that the information sought in | 411 |
the public record is necessary to support what appears to be a | 412 |
justiciable claim of the person. | 413 |
(9)(a) Upon written request made and signed by a journalist | 414 |
on or after December 16, 1999, a public office, or person | 415 |
responsible for public records, having custody of the records of | 416 |
the agency employing a specified peace officer, parole officer, | 417 |
probation officer, bailiff, prosecuting attorney, assistant | 418 |
prosecuting attorney, correctional employee, youth services | 419 |
employee, firefighter, EMT, or investigator of the bureau of | 420 |
criminal identification and investigation shall disclose to the | 421 |
journalist the address of the actual personal residence of the | 422 |
peace officer, parole officer, probation officer, bailiff, | 423 |
prosecuting attorney, assistant prosecuting attorney, correctional | 424 |
employee, youth services employee, firefighter, EMT, or | 425 |
investigator of the bureau of criminal identification and | 426 |
investigation and, if the peace officer's, parole officer's, | 427 |
probation officer's, bailiff's, prosecuting attorney's, assistant | 428 |
prosecuting attorney's, correctional employee's, youth services | 429 |
employee's, firefighter's, EMT's, or investigator of the bureau of | 430 |
criminal identification and investigation's spouse, former spouse, | 431 |
or child is employed by a public office, the name and address of | 432 |
the employer of the peace officer's, parole officer's, probation | 433 |
officer's, bailiff's, prosecuting attorney's, assistant | 434 |
prosecuting attorney's, correctional employee's, youth services | 435 |
employee's, firefighter's, EMT's, or investigator of the bureau of | 436 |
criminal identification and investigation's spouse, former spouse, | 437 |
or child. The request shall include the journalist's name and | 438 |
title and the name and address of the journalist's employer and | 439 |
shall state that disclosure of the information sought would be in | 440 |
the public interest. | 441 |
(c) As used in division (B)(9) of this section, "journalist" | 448 |
means a person engaged in, connected with, or employed by any news | 449 |
medium, including a newspaper, magazine, press association, news | 450 |
agency, or wire service, a radio or television station, or a | 451 |
similar medium, for the purpose of gathering, processing, | 452 |
transmitting, compiling, editing, or disseminating information for | 453 |
the general public. | 454 |
(C)(1) If a person allegedly is aggrieved by the failure of a | 455 |
public office or the person responsible for public records to | 456 |
promptly prepare a public record and to make it available to the | 457 |
person for inspection in accordance with division (B) of this | 458 |
section or by any other failure of a public office or the person | 459 |
responsible for public records to comply with an obligation in | 460 |
accordance with division (B) of this section, the person allegedly | 461 |
aggrieved may commence a mandamus action to obtain a judgment that | 462 |
orders the public office or the person responsible for the public | 463 |
record to comply with division (B) of this section, that awards | 464 |
court costs and reasonable attorney's fees to the person that | 465 |
instituted the mandamus action, and, if applicable, that includes | 466 |
an order fixing statutory damages under division (C)(1) of this | 467 |
section. The mandamus action may be commenced in the court of | 468 |
common pleas of the county in which division (B) of this section | 469 |
allegedly was not complied with, in the supreme court pursuant to | 470 |
its original jurisdiction under Section 2 of Article IV, Ohio | 471 |
Constitution, or in the court of appeals for the appellate | 472 |
district in which division (B) of this section allegedly was not | 473 |
complied with pursuant to its original jurisdiction under Section | 474 |
3 of Article IV, Ohio Constitution. | 475 |
If a requestor transmits a written request by hand delivery | 476 |
or certified mail to inspect or receive copies of any public | 477 |
record in a manner that fairly describes the public record or | 478 |
class of public records to the public office or person responsible | 479 |
for the requested public records, except as otherwise provided in | 480 |
this section, the requestor shall be entitled to recover the | 481 |
amount of statutory damages set forth in this division if a court | 482 |
determines that the public office or the person responsible for | 483 |
public records failed to comply with an obligation in accordance | 484 |
with division (B) of this section. | 485 |
The amount of statutory damages shall be fixed at one hundred | 486 |
dollars for each business day during which the public office or | 487 |
person responsible for the requested public records failed to | 488 |
comply with an obligation in accordance with division (B) of this | 489 |
section, beginning with the day on which the requester files a | 490 |
mandamus action to recover statutory damages, up to a maximum of | 491 |
one thousand dollars. The award of statutory damages shall not be | 492 |
construed as a penalty, but as compensation for injury arising | 493 |
from lost use of the requested information. The existence of this | 494 |
injury shall be conclusively presumed. The award of statutory | 495 |
damages shall be in addition to all other remedies authorized by | 496 |
this section. | 497 |
(a) That, based on the ordinary application of statutory law | 501 |
and case law as it existed at the time of the conduct or | 502 |
threatened conduct of the public office or person responsible for | 503 |
the requested public records that allegedly constitutes a failure | 504 |
to comply with an obligation in accordance with division (B) of | 505 |
this section and that was the basis of the mandamus action, a | 506 |
well-informed public office or person responsible for the | 507 |
requested public records reasonably would believe that the conduct | 508 |
or threatened conduct of the public office or person responsible | 509 |
for the requested public records did not constitute a failure to | 510 |
comply with an obligation in accordance with division (B) of this | 511 |
section; | 512 |
(i) That, based on the ordinary application of statutory law | 549 |
and case law as it existed at the time of the conduct or | 550 |
threatened conduct of the public office or person responsible for | 551 |
the requested public records that allegedly constitutes a failure | 552 |
to comply with an obligation in accordance with division (B) of | 553 |
this section and that was the basis of the mandamus action, a | 554 |
well-informed public office or person responsible for the | 555 |
requested public records reasonably would believe that the conduct | 556 |
or threatened conduct of the public office or person responsible | 557 |
for the requested public records did not constitute a failure to | 558 |
comply with an obligation in accordance with division (B) of this | 559 |
section; | 560 |
(E)(1) To ensure that all employees of public offices are | 570 |
appropriately educated about a public office's obligations under | 571 |
division (B) of this section, all elected officials or their | 572 |
appropriate designees shall attend training approved by the | 573 |
attorney general as provided in section 109.43 of the Revised | 574 |
Code. In addition, all public offices shall adopt a public records | 575 |
policy in compliance with this section for responding to public | 576 |
records requests. In adopting a public records policy under this | 577 |
division, a public office may obtain guidance from the model | 578 |
public records policy developed and provided to the public office | 579 |
by the attorney general under section 109.43 of the Revised Code. | 580 |
Except as otherwise provided in this section, the policy may not | 581 |
limit the number of public records that the public office will | 582 |
make available to a single person, may not limit the number of | 583 |
public records that it will make available during a fixed period | 584 |
of time, and may not establish a fixed period of time before it | 585 |
will respond to a request for inspection or copying of public | 586 |
records, unless that period is less than eight hours. | 587 |
(2) The public office shall distribute the public records | 588 |
policy adopted by the public office under division (E)(1) of this | 589 |
section to the employee of the public office who is the records | 590 |
custodian or records manager or otherwise has custody of the | 591 |
records of that office. The public office shall require that | 592 |
employee to acknowledge receipt of the copy of the public records | 593 |
policy. The public office shall create a poster that describes its | 594 |
public records policy and shall post the poster in a conspicuous | 595 |
place in the public office and in all locations where the public | 596 |
office has branch offices. The public office may post its public | 597 |
records policy on the internet web site of the public office if | 598 |
the public office maintains an internet web site. A public office | 599 |
that has established a manual or handbook of its general policies | 600 |
and procedures for all employees of the public office shall | 601 |
include the public records policy of the public office in the | 602 |
manual or handbook. | 603 |
(F)(1) The bureau of motor vehicles may adopt rules pursuant | 604 |
to Chapter 119. of the Revised Code to reasonably limit the number | 605 |
of bulk commercial special extraction requests made by a person | 606 |
for the same records or for updated records during a calendar | 607 |
year. The rules may include provisions for charges to be made for | 608 |
bulk commercial special extraction requests for the actual cost of | 609 |
the bureau, plus special extraction costs, plus ten per cent. The | 610 |
bureau may charge for expenses for redacting information, the | 611 |
release of which is prohibited by law. | 612 |
(b) "Bulk commercial special extraction request" means a | 619 |
request for copies of a record for information in a format other | 620 |
than the format already available, or information that cannot be | 621 |
extracted without examination of all items in a records series, | 622 |
class of records, or data base by a person who intends to use or | 623 |
forward the copies for surveys, marketing, solicitation, or resale | 624 |
for commercial purposes. "Bulk commercial special extraction | 625 |
request" does not include a request by a person who gives | 626 |
assurance to the bureau that the person making the request does | 627 |
not intend to use or forward the requested copies for surveys, | 628 |
marketing, solicitation, or resale for commercial purposes. | 629 |