(1) "Public record" means records kept by any public office, | 18 |
including, but not limited to, state, county, city, village, | 19 |
township, and school district units, and records pertaining to the | 20 |
delivery of educational services by an alternative school in this | 21 |
state kept by the nonprofit or for-profit entity operating the | 22 |
alternative school pursuant to section 3313.533 of the Revised | 23 |
Code. "Public record" does not mean any of the following: | 24 |
(5) "Intellectual property record" means a record, other than | 145 |
a financial or administrative record, that is produced or | 146 |
collected by or for faculty or staff of a state institution of | 147 |
higher learning in the conduct of or as a result of study or | 148 |
research on an educational, commercial, scientific, artistic, | 149 |
technical, or scholarly issue, regardless of whether the study or | 150 |
research was sponsored by the institution alone or in conjunction | 151 |
with a governmental body or private concern, and that has not been | 152 |
publicly released, published, or patented. | 153 |
(7) "Peace officer, parole officer, probation officer, | 158 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 159 |
correctional employee, community-based correctional facility | 160 |
employee, youth services employee, firefighter, EMT, or | 161 |
investigator of the bureau of criminal identification and | 162 |
investigation residential and familial information" means any | 163 |
information that discloses any of the following about a peace | 164 |
officer, parole officer, probation officer, bailiff, prosecuting | 165 |
attorney, assistant prosecuting attorney, correctional employee, | 166 |
community-based correctional facility employee, youth services | 167 |
employee, firefighter, EMT, or investigator of the bureau of | 168 |
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, community-based | 172 |
correctional facility employee, youth services employee, | 173 |
firefighter, EMT, or an investigator of the bureau of criminal | 174 |
identification and investigation, except for the state or | 175 |
political subdivision in which the peace officer, parole officer, | 176 |
probation officer, bailiff, assistant prosecuting attorney, | 177 |
correctional employee, community-based correctional facility | 178 |
employee, youth services employee, firefighter, EMT, or | 179 |
investigator of the bureau of criminal identification and | 180 |
investigation resides; | 181 |
(c) The social security number, the residential telephone | 184 |
number, any bank account, debit card, charge card, or credit card | 185 |
number, or the emergency telephone number of, or any medical | 186 |
information pertaining to, a peace officer, parole officer, | 187 |
probation officer, bailiff, prosecuting attorney, assistant | 188 |
prosecuting attorney, correctional employee, community-based | 189 |
correctional facility employee, youth services employee, | 190 |
firefighter, EMT, or investigator of the bureau of criminal | 191 |
identification and investigation; | 192 |
(d) The name of any beneficiary of employment benefits, | 193 |
including, but not limited to, life insurance benefits, provided | 194 |
to a peace officer, parole officer, probation officer, bailiff, | 195 |
prosecuting attorney, assistant prosecuting attorney, correctional | 196 |
employee, community-based correctional facility employee, youth | 197 |
services employee, firefighter, EMT, or investigator of the bureau | 198 |
of criminal identification and investigation by the peace | 199 |
officer's, parole officer's, probation officer's, bailiff's, | 200 |
prosecuting attorney's, assistant prosecuting attorney's, | 201 |
correctional employee's, community-based correctional facility | 202 |
employee's, youth services employee's, firefighter's, EMT's, or | 203 |
investigator of the bureau of criminal identification and | 204 |
investigation's employer; | 205 |
(e) The identity and amount of any charitable or employment | 206 |
benefit deduction made by the peace officer's, parole officer's, | 207 |
probation officer's, bailiff's, prosecuting attorney's, assistant | 208 |
prosecuting attorney's, correctional employee's, community-based | 209 |
correctional facility employee's, youth services employee's, | 210 |
firefighter's, EMT's, or investigator of the bureau of criminal | 211 |
identification and investigation's employer from the peace | 212 |
officer's, parole officer's, probation officer's, bailiff's, | 213 |
prosecuting attorney's, assistant prosecuting attorney's, | 214 |
correctional employee's, community-based correctional facility | 215 |
employee's, youth services employee's, firefighter's, EMT's, or | 216 |
investigator of the bureau of criminal identification and | 217 |
investigation's compensation unless the amount of the deduction is | 218 |
required by state or federal law; | 219 |
(f) The name, the residential address, the name of the | 220 |
employer, the address of the employer, the social security number, | 221 |
the residential telephone number, any bank account, debit card, | 222 |
charge card, or credit card number, or the emergency telephone | 223 |
number of the spouse, a former spouse, or any child of a peace | 224 |
officer, parole officer, probation officer, bailiff, prosecuting | 225 |
attorney, assistant prosecuting attorney, correctional employee, | 226 |
community-based correctional facility employee, youth services | 227 |
employee, firefighter, EMT, or investigator of the bureau of | 228 |
criminal identification and investigation; | 229 |
(B)(1) Upon request and subject to division (B)(8) of this | 293 |
section, all public records responsive to the request shall be | 294 |
promptly prepared and made available for inspection to any person | 295 |
at all reasonable times during regular business hours. Subject to | 296 |
division (B)(8) of this section, upon request, a public office or | 297 |
person responsible for public records shall make copies of the | 298 |
requested public record available at cost and within a reasonable | 299 |
period of time. If a public record contains information that is | 300 |
exempt from the duty to permit public inspection or to copy the | 301 |
public record, the public office or the person responsible for the | 302 |
public record shall make available all of the information within | 303 |
the public record that is not exempt. When making that public | 304 |
record available for public inspection or copying that public | 305 |
record, the public office or the person responsible for the public | 306 |
record shall notify the requester of any redaction or make the | 307 |
redaction plainly visible. A redaction shall be deemed a denial of | 308 |
a request to inspect or copy the redacted information, except if | 309 |
federal or state law authorizes or requires a public office to | 310 |
make the redaction. | 311 |
(2) To facilitate broader access to public records, a public | 312 |
office or the person responsible for public records shall organize | 313 |
and maintain public records in a manner that they can be made | 314 |
available for inspection or copying in accordance with division | 315 |
(B) of this section. A public office also shall have available a | 316 |
copy of its current records retention schedule at a location | 317 |
readily available to the public. If a requester makes an ambiguous | 318 |
or overly broad request or has difficulty in making a request for | 319 |
copies or inspection of public records under this section such | 320 |
that the public office or the person responsible for the requested | 321 |
public record cannot reasonably identify what public records are | 322 |
being requested, the public office or the person responsible for | 323 |
the requested public record may deny the request but shall provide | 324 |
the requester with an opportunity to revise the request by | 325 |
informing the requester of the manner in which records are | 326 |
maintained by the public office and accessed in the ordinary | 327 |
course of the public office's or person's duties. | 328 |
(3) If a request is ultimately denied, in part or in whole, | 329 |
the public office or the person responsible for the requested | 330 |
public record shall provide the requester with an explanation, | 331 |
including legal authority, setting forth why the request was | 332 |
denied. If the initial request was provided in writing, the | 333 |
explanation also shall be provided to the requester in writing. | 334 |
The explanation shall not preclude the public office or the person | 335 |
responsible for the requested public record from relying upon | 336 |
additional reasons or legal authority in defending an action | 337 |
commenced under division (C) of this section. | 338 |
(5) A public office or person responsible for public records | 347 |
may ask a requester to make the request in writing, may ask for | 348 |
the requester's identity, and may inquire about the intended use | 349 |
of the information requested, but may do so only after disclosing | 350 |
to the requester that a written request is not mandatory and that | 351 |
the requester may decline to reveal the requester's identity or | 352 |
the intended use and when a written request or disclosure of the | 353 |
identity or intended use would benefit the requester by enhancing | 354 |
the ability of the public office or person responsible for public | 355 |
records to identify, locate, or deliver the public records sought | 356 |
by the requester. | 357 |
(6) If any person chooses to obtain a copy of a public record | 358 |
in accordance with division (B) of this section, the public office | 359 |
or person responsible for the public record may require that | 360 |
person to pay in advance the cost involved in providing the copy | 361 |
of the public record in accordance with the choice made by the | 362 |
person seeking the copy under this division. The public office or | 363 |
the person responsible for the public record shall permit that | 364 |
person to choose to have the public record duplicated upon paper, | 365 |
upon the same medium upon which the public office or person | 366 |
responsible for the public record keeps it, or upon any other | 367 |
medium upon which the public office or person responsible for the | 368 |
public record determines that it reasonably can be duplicated as | 369 |
an integral part of the normal operations of the public office or | 370 |
person responsible for the public record. When the person seeking | 371 |
the copy makes a choice under this division, the public office or | 372 |
person responsible for the public record shall provide a copy of | 373 |
it in accordance with the choice made by the person seeking the | 374 |
copy. Nothing in this section requires a public office or person | 375 |
responsible for the public record to allow the person seeking a | 376 |
copy of the public record to make the copies of the public record. | 377 |
(7) Upon a request made in accordance with division (B) of | 378 |
this section and subject to division (B)(6) of this section, a | 379 |
public office or person responsible for public records shall | 380 |
transmit a copy of a public record to any person by United States | 381 |
mail or by any other means of delivery or transmission within a | 382 |
reasonable period of time after receiving the request for the | 383 |
copy. The public office or person responsible for the public | 384 |
record may require the person making the request to pay in advance | 385 |
the cost of postage if the copy is transmitted by United States | 386 |
mail or the cost of delivery if the copy is transmitted other than | 387 |
by United States mail, and to pay in advance the costs incurred | 388 |
for other supplies used in the mailing, delivery, or transmission. | 389 |
In any policy and procedures adopted under this division, a | 397 |
public office may limit the number of records requested by a | 398 |
person that the office will transmit by United States mail to ten | 399 |
per month, unless the person certifies to the office in writing | 400 |
that the person does not intend to use or forward the requested | 401 |
records, or the information contained in them, for commercial | 402 |
purposes. For purposes of this division, "commercial" shall be | 403 |
narrowly construed and does not include reporting or gathering | 404 |
news, reporting or gathering information to assist citizen | 405 |
oversight or understanding of the operation or activities of | 406 |
government, or nonprofit educational research. | 407 |
(8) A public office or person responsible for public records | 408 |
is not required to permit a person who is incarcerated pursuant to | 409 |
a criminal conviction or a juvenile adjudication to inspect or to | 410 |
obtain a copy of any public record concerning a criminal | 411 |
investigation or prosecution or concerning what would be a | 412 |
criminal investigation or prosecution if the subject of the | 413 |
investigation or prosecution were an adult, unless the request to | 414 |
inspect or to obtain a copy of the record is for the purpose of | 415 |
acquiring information that is subject to release as a public | 416 |
record under this section and the judge who imposed the sentence | 417 |
or made the adjudication with respect to the person, or the | 418 |
judge's successor in office, finds that the information sought in | 419 |
the public record is necessary to support what appears to be a | 420 |
justiciable claim of the person. | 421 |
(9)(a) Upon written request made and signed by a journalist | 422 |
on or after December 16, 1999, a public office, or person | 423 |
responsible for public records, having custody of the records of | 424 |
the agency employing a specified peace officer, parole officer, | 425 |
probation officer, bailiff, prosecuting attorney, assistant | 426 |
prosecuting attorney, correctional employee, community-based | 427 |
correctional facility employee, youth services employee, | 428 |
firefighter, EMT, or investigator of the bureau of criminal | 429 |
identification and investigation shall disclose to the journalist | 430 |
the address of the actual personal residence of the peace officer, | 431 |
parole officer, probation officer, bailiff, prosecuting attorney, | 432 |
assistant prosecuting attorney, correctional employee, | 433 |
community-based correctional facility employee, youth services | 434 |
employee, firefighter, EMT, or investigator of the bureau of | 435 |
criminal identification and investigation and, if the peace | 436 |
officer's, parole officer's, probation officer's, bailiff's, | 437 |
prosecuting attorney's, assistant prosecuting attorney's, | 438 |
correctional employee's, community-based correctional facility | 439 |
employee's, youth services employee's, firefighter's, EMT's, or | 440 |
investigator of the bureau of criminal identification and | 441 |
investigation's spouse, former spouse, or child is employed by a | 442 |
public office, the name and address of the employer of the peace | 443 |
officer's, parole officer's, probation officer's, bailiff's, | 444 |
prosecuting attorney's, assistant prosecuting attorney's, | 445 |
correctional employee's, community-based correctional facility | 446 |
employee's, youth services employee's, firefighter's, EMT's, or | 447 |
investigator of the bureau of criminal identification and | 448 |
investigation's spouse, former spouse, or child. The request shall | 449 |
include the journalist's name and title and the name and address | 450 |
of the journalist's employer and shall state that disclosure of | 451 |
the information sought would be in the public interest. | 452 |
(c) As used in division (B)(9) of this section, "journalist" | 459 |
means a person engaged in, connected with, or employed by any news | 460 |
medium, including a newspaper, magazine, press association, news | 461 |
agency, or wire service, a radio or television station, or a | 462 |
similar medium, for the purpose of gathering, processing, | 463 |
transmitting, compiling, editing, or disseminating information for | 464 |
the general public. | 465 |
(C)(1) If a person allegedly is aggrieved by the failure of a | 466 |
public office or the person responsible for public records to | 467 |
promptly prepare a public record and to make it available to the | 468 |
person for inspection in accordance with division (B) of this | 469 |
section or by any other failure of a public office or the person | 470 |
responsible for public records to comply with an obligation in | 471 |
accordance with division (B) of this section, the person allegedly | 472 |
aggrieved may commence a mandamus action to obtain a judgment that | 473 |
orders the public office or the person responsible for the public | 474 |
record to comply with division (B) of this section, that awards | 475 |
court costs and reasonable attorney's fees to the person that | 476 |
instituted the mandamus action, and, if applicable, that includes | 477 |
an order fixing statutory damages under division (C)(1) of this | 478 |
section. The mandamus action may be commenced in the court of | 479 |
common pleas of the county in which division (B) of this section | 480 |
allegedly was not complied with, in the supreme court pursuant to | 481 |
its original jurisdiction under Section 2 of Article IV, Ohio | 482 |
Constitution, or in the court of appeals for the appellate | 483 |
district in which division (B) of this section allegedly was not | 484 |
complied with pursuant to its original jurisdiction under Section | 485 |
3 of Article IV, Ohio Constitution. | 486 |
If a requestor transmits a written request by hand delivery | 487 |
or certified mail to inspect or receive copies of any public | 488 |
record in a manner that fairly describes the public record or | 489 |
class of public records to the public office or person responsible | 490 |
for the requested public records, except as otherwise provided in | 491 |
this section, the requestor shall be entitled to recover the | 492 |
amount of statutory damages set forth in this division if a court | 493 |
determines that the public office or the person responsible for | 494 |
public records failed to comply with an obligation in accordance | 495 |
with division (B) of this section. | 496 |
The amount of statutory damages shall be fixed at one hundred | 497 |
dollars for each business day during which the public office or | 498 |
person responsible for the requested public records failed to | 499 |
comply with an obligation in accordance with division (B) of this | 500 |
section, beginning with the day on which the requester files a | 501 |
mandamus action to recover statutory damages, up to a maximum of | 502 |
one thousand dollars. The award of statutory damages shall not be | 503 |
construed as a penalty, but as compensation for injury arising | 504 |
from lost use of the requested information. The existence of this | 505 |
injury shall be conclusively presumed. The award of statutory | 506 |
damages shall be in addition to all other remedies authorized by | 507 |
this section. | 508 |
(a) That, based on the ordinary application of statutory law | 512 |
and case law as it existed at the time of the conduct or | 513 |
threatened conduct of the public office or person responsible for | 514 |
the requested public records that allegedly constitutes a failure | 515 |
to comply with an obligation in accordance with division (B) of | 516 |
this section and that was the basis of the mandamus action, a | 517 |
well-informed public office or person responsible for the | 518 |
requested public records reasonably would believe that the conduct | 519 |
or threatened conduct of the public office or person responsible | 520 |
for the requested public records did not constitute a failure to | 521 |
comply with an obligation in accordance with division (B) of this | 522 |
section; | 523 |
(i) That, based on the ordinary application of statutory law | 560 |
and case law as it existed at the time of the conduct or | 561 |
threatened conduct of the public office or person responsible for | 562 |
the requested public records that allegedly constitutes a failure | 563 |
to comply with an obligation in accordance with division (B) of | 564 |
this section and that was the basis of the mandamus action, a | 565 |
well-informed public office or person responsible for the | 566 |
requested public records reasonably would believe that the conduct | 567 |
or threatened conduct of the public office or person responsible | 568 |
for the requested public records did not constitute a failure to | 569 |
comply with an obligation in accordance with division (B) of this | 570 |
section; | 571 |
(E)(1) To ensure that all employees of public offices are | 581 |
appropriately educated about a public office's obligations under | 582 |
division (B) of this section, all elected officials or their | 583 |
appropriate designees shall attend training approved by the | 584 |
attorney general as provided in section 109.43 of the Revised | 585 |
Code. In addition, all public offices shall adopt a public records | 586 |
policy in compliance with this section for responding to public | 587 |
records requests. In adopting a public records policy under this | 588 |
division, a public office may obtain guidance from the model | 589 |
public records policy developed and provided to the public office | 590 |
by the attorney general under section 109.43 of the Revised Code. | 591 |
Except as otherwise provided in this section, the policy may not | 592 |
limit the number of public records that the public office will | 593 |
make available to a single person, may not limit the number of | 594 |
public records that it will make available during a fixed period | 595 |
of time, and may not establish a fixed period of time before it | 596 |
will respond to a request for inspection or copying of public | 597 |
records, unless that period is less than eight hours. | 598 |
(2) The public office shall distribute the public records | 599 |
policy adopted by the public office under division (E)(1) of this | 600 |
section to the employee of the public office who is the records | 601 |
custodian or records manager or otherwise has custody of the | 602 |
records of that office. The public office shall require that | 603 |
employee to acknowledge receipt of the copy of the public records | 604 |
policy. The public office shall create a poster that describes its | 605 |
public records policy and shall post the poster in a conspicuous | 606 |
place in the public office and in all locations where the public | 607 |
office has branch offices. The public office may post its public | 608 |
records policy on the internet web site of the public office if | 609 |
the public office maintains an internet web site. A public office | 610 |
that has established a manual or handbook of its general policies | 611 |
and procedures for all employees of the public office shall | 612 |
include the public records policy of the public office in the | 613 |
manual or handbook. | 614 |
(b) "Bulk commercial special extraction request" means a | 630 |
request for copies of a record for information in a format other | 631 |
than the format already available, or information that cannot be | 632 |
extracted without examination of all items in a records series, | 633 |
class of records, or database by a person who intends to use or | 634 |
forward the copies for surveys, marketing, solicitation, or resale | 635 |
for commercial purposes. "Bulk commercial special extraction | 636 |
request" does not include a request by a person who gives | 637 |
assurance to the bureau that the person making the request does | 638 |
not intend to use or forward the requested copies for surveys, | 639 |
marketing, solicitation, or resale for commercial purposes. | 640 |
(4) This section and section 2949.222 of the Revised Code are | 677 |
designed to prevent and preclude foreign and domestic | 678 |
corporations, partnerships, companies, or persons from obstructing | 679 |
justice by interfering with the lawful enforcement of state court | 680 |
judgments, which enforcement is a fundamental task of any | 681 |
sovereignty, as implemented by division (A) of section 2949.22 of | 682 |
the Revised Code, by entering into contracts designed to prevent | 683 |
the department of rehabilitation and correction from obtaining the | 684 |
drugs, or combination of drugs, necessary to carry out lawful | 685 |
executions by lethal injection ordered by the courts of this | 686 |
state. | 687 |
(B) If a person manufactures, compounds, imports, transports, | 694 |
distributes, supplies, prescribes, prepares, administers, uses, or | 695 |
tests any of the compounding equipment or components, the active | 696 |
pharmaceutical ingredients, the drugs or combination of drugs, the | 697 |
medical supplies, or the medical equipment used in the application | 698 |
of a lethal injection of a drug or combination of drugs in the | 699 |
administration of a death sentence by lethal injection as provided | 700 |
for in division (A) of section 2949.22 of the Revised Code, | 701 |
notwithstanding any provision of law to the contrary, all of the | 702 |
following apply regarding any information or record that | 703 |
identifies or reasonably leads to the identification of the | 704 |
person: | 705 |
(C)(1) If an employee or former employee of the department of | 719 |
rehabilitation and correction or any other individual selected or | 720 |
designated by the director of the department participates or | 721 |
participated in the administration of a sentence of death by | 722 |
lethal injection, as provided for in division (A) of section | 723 |
2949.22 of the Revised Code, subject to division (C)(2) of this | 724 |
section and notwithstanding any other provision of law to the | 725 |
contrary, the protections and limitations specified in divisions | 726 |
(B)(1), (2), and (3) of this section shall apply regarding any | 727 |
information or record that identifies or reasonably leads to the | 728 |
identification of the employee, former employee, or other | 729 |
individual described in this division. | 730 |
The director of rehabilitation and correction by rule shall | 748 |
establish the procedure according to which a person who is not an | 749 |
individual may apply in writing for the rights described in | 750 |
divisions (B)(1), (2), and (3) of this section. The director shall | 751 |
approve an application that is submitted in compliance with the | 752 |
rules. A person whose application is approved is entitled to the | 753 |
rights for twenty years after the person ceases the qualifying | 754 |
activity as contemplated by the first paragraph of division (B) of | 755 |
this section. The director shall notify any person, who is not an | 756 |
individual and who is entitled to the rights, of the application | 757 |
procedures. | 758 |
(E) If a person or entity that participates in, consults | 759 |
regarding, performs any function with respect to, including any | 760 |
activity described in division (B) of this section, or provides | 761 |
any expert opinion testimony regarding an execution by lethal | 762 |
injection conducted in accordance with division (A) of section | 763 |
2949.22 of the Revised Code is licensed by a licensing authority, | 764 |
notwithstanding any provision of law to the contrary, the | 765 |
licensing authority shall not do any of the following as a result | 766 |
of that participation, consultation, performance, activity, or | 767 |
testimony by the person or entity: | 768 |
(F) A person may not, without the approval of the director of | 773 |
rehabilitation and correction, knowingly disclose the identity of | 774 |
any person to whom division (B) of this section applies or of an | 775 |
employee, former employee, or other individual to whom division | 776 |
(C)(1) of this section applies. Any person, employee, former | 777 |
employee, or individual whose identity is disclosed in violation | 778 |
of this division has a civil cause of action against any person | 779 |
who discloses the identity in violation of this division. In a | 780 |
civil action brought under this division, the plaintiff is | 781 |
entitled to recover from the defendant actual damages, punitive or | 782 |
exemplary damages upon a showing of a willful violation of this | 783 |
division, and reasonable attorney's fees and court costs. | 784 |
(G) Notwithstanding any provision of law to the contrary, any | 785 |
contract, subcontract, agreement, addendum, or understanding, or | 786 |
any portion of any such document or understanding, that does | 787 |
either of the following is void and unenforceable as against | 788 |
public policy, as a matter of law, and shall not be recognized or | 789 |
enforced by any court against any entity, including, but not | 790 |
limited to, the state, state agency, governmental entity, or | 791 |
political subdivision that is a party to the document, | 792 |
understanding, or portion, any private corporation, or any person: | 793 |
(C) If a record containing information that identifies or may | 814 |
reasonably lead to the identification of a person described in | 815 |
division (B) or (C) of section 2949.222 of the Revised Code is | 816 |
subpoenaed or requested by a court order, the director of | 817 |
rehabilitation and correction shall provide the record. If the | 818 |
court determines that the record is necessary for just | 819 |
adjudication, the court shall order the director to appear at a | 820 |
private hearing with a copy of the record and any other relevant | 821 |
evidence. The information is not otherwise subject to disclosure | 822 |
unless the court, through clear and convincing evidence presented | 823 |
in the private hearing, finds that the person whose identity is | 824 |
protected appears to have acted unlawfully with respect to the | 825 |
person's involvement in the administration of a lethal injection | 826 |
as contemplated by the first paragraph of division (B) and by | 827 |
division (C)(1) of section 2949.222 of the Revised Code. | 828 |
(1) "Public record" means records kept by any public office, | 835 |
including, but not limited to, state, county, city, village, | 836 |
township, and school district units, and records pertaining to the | 837 |
delivery of educational services by an alternative school in this | 838 |
state kept by the nonprofit or for-profit entity operating the | 839 |
alternative school pursuant to section 3313.533 of the Revised | 840 |
Code. "Public record" does not mean any of the following: | 841 |
(5) "Intellectual property record" means a record, other than | 961 |
a financial or administrative record, that is produced or | 962 |
collected by or for faculty or staff of a state institution of | 963 |
higher learning in the conduct of or as a result of study or | 964 |
research on an educational, commercial, scientific, artistic, | 965 |
technical, or scholarly issue, regardless of whether the study or | 966 |
research was sponsored by the institution alone or in conjunction | 967 |
with a governmental body or private concern, and that has not been | 968 |
publicly released, published, or patented. | 969 |
(7) "Peace officer, parole officer, probation officer, | 974 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 975 |
correctional employee, community-based correctional facility | 976 |
employee, youth services employee, firefighter, EMT, or | 977 |
investigator of the bureau of criminal identification and | 978 |
investigation residential and familial information" means any | 979 |
information that discloses any of the following about a peace | 980 |
officer, parole officer, probation officer, bailiff, prosecuting | 981 |
attorney, assistant prosecuting attorney, correctional employee, | 982 |
community-based correctional facility employee, youth services | 983 |
employee, firefighter, EMT, or investigator of the bureau of | 984 |
criminal identification and investigation: | 985 |
(a) The address of the actual personal residence of a peace | 986 |
officer, parole officer, probation officer, bailiff, assistant | 987 |
prosecuting attorney, correctional employee, community-based | 988 |
correctional facility employee, youth services employee, | 989 |
firefighter, EMT, or an investigator of the bureau of criminal | 990 |
identification and investigation, except for the state or | 991 |
political subdivision in which the peace officer, parole officer, | 992 |
probation officer, bailiff, assistant prosecuting attorney, | 993 |
correctional employee, community-based correctional facility | 994 |
employee, youth services employee, firefighter, EMT, or | 995 |
investigator of the bureau of criminal identification and | 996 |
investigation resides; | 997 |
(c) The social security number, the residential telephone | 1000 |
number, any bank account, debit card, charge card, or credit card | 1001 |
number, or the emergency telephone number of, or any medical | 1002 |
information pertaining to, a peace officer, parole officer, | 1003 |
probation officer, bailiff, prosecuting attorney, assistant | 1004 |
prosecuting attorney, correctional employee, community-based | 1005 |
correctional facility employee, youth services employee, | 1006 |
firefighter, EMT, or investigator of the bureau of criminal | 1007 |
identification and investigation; | 1008 |
(d) The name of any beneficiary of employment benefits, | 1009 |
including, but not limited to, life insurance benefits, provided | 1010 |
to a peace officer, parole officer, probation officer, bailiff, | 1011 |
prosecuting attorney, assistant prosecuting attorney, correctional | 1012 |
employee, community-based correctional facility employee, youth | 1013 |
services employee, firefighter, EMT, or investigator of the bureau | 1014 |
of criminal identification and investigation by the peace | 1015 |
officer's, parole officer's, probation officer's, bailiff's, | 1016 |
prosecuting attorney's, assistant prosecuting attorney's, | 1017 |
correctional employee's, community-based correctional facility | 1018 |
employee's, youth services employee's, firefighter's, EMT's, or | 1019 |
investigator of the bureau of criminal identification and | 1020 |
investigation's employer; | 1021 |
(e) The identity and amount of any charitable or employment | 1022 |
benefit deduction made by the peace officer's, parole officer's, | 1023 |
probation officer's, bailiff's, prosecuting attorney's, assistant | 1024 |
prosecuting attorney's, correctional employee's, community-based | 1025 |
correctional facility employee's, youth services employee's, | 1026 |
firefighter's, EMT's, or investigator of the bureau of criminal | 1027 |
identification and investigation's employer from the peace | 1028 |
officer's, parole officer's, probation officer's, bailiff's, | 1029 |
prosecuting attorney's, assistant prosecuting attorney's, | 1030 |
correctional employee's, community-based correctional facility | 1031 |
employee's, youth services employee's, firefighter's, EMT's, or | 1032 |
investigator of the bureau of criminal identification and | 1033 |
investigation's compensation unless the amount of the deduction is | 1034 |
required by state or federal law; | 1035 |
(f) The name, the residential address, the name of the | 1036 |
employer, the address of the employer, the social security number, | 1037 |
the residential telephone number, any bank account, debit card, | 1038 |
charge card, or credit card number, or the emergency telephone | 1039 |
number of the spouse, a former spouse, or any child of a peace | 1040 |
officer, parole officer, probation officer, bailiff, prosecuting | 1041 |
attorney, assistant prosecuting attorney, correctional employee, | 1042 |
community-based correctional facility employee, youth services | 1043 |
employee, firefighter, EMT, or investigator of the bureau of | 1044 |
criminal identification and investigation; | 1045 |
(B)(1) Upon request and subject to division (B)(8) of this | 1109 |
section, all public records responsive to the request shall be | 1110 |
promptly prepared and made available for inspection to any person | 1111 |
at all reasonable times during regular business hours. Subject to | 1112 |
division (B)(8) of this section, upon request, a public office or | 1113 |
person responsible for public records shall make copies of the | 1114 |
requested public record available at cost and within a reasonable | 1115 |
period of time. If a public record contains information that is | 1116 |
exempt from the duty to permit public inspection or to copy the | 1117 |
public record, the public office or the person responsible for the | 1118 |
public record shall make available all of the information within | 1119 |
the public record that is not exempt. When making that public | 1120 |
record available for public inspection or copying that public | 1121 |
record, the public office or the person responsible for the public | 1122 |
record shall notify the requester of any redaction or make the | 1123 |
redaction plainly visible. A redaction shall be deemed a denial of | 1124 |
a request to inspect or copy the redacted information, except if | 1125 |
federal or state law authorizes or requires a public office to | 1126 |
make the redaction. | 1127 |
(2) To facilitate broader access to public records, a public | 1128 |
office or the person responsible for public records shall organize | 1129 |
and maintain public records in a manner that they can be made | 1130 |
available for inspection or copying in accordance with division | 1131 |
(B) of this section. A public office also shall have available a | 1132 |
copy of its current records retention schedule at a location | 1133 |
readily available to the public. If a requester makes an ambiguous | 1134 |
or overly broad request or has difficulty in making a request for | 1135 |
copies or inspection of public records under this section such | 1136 |
that the public office or the person responsible for the requested | 1137 |
public record cannot reasonably identify what public records are | 1138 |
being requested, the public office or the person responsible for | 1139 |
the requested public record may deny the request but shall provide | 1140 |
the requester with an opportunity to revise the request by | 1141 |
informing the requester of the manner in which records are | 1142 |
maintained by the public office and accessed in the ordinary | 1143 |
course of the public office's or person's duties. | 1144 |
(3) If a request is ultimately denied, in part or in whole, | 1145 |
the public office or the person responsible for the requested | 1146 |
public record shall provide the requester with an explanation, | 1147 |
including legal authority, setting forth why the request was | 1148 |
denied. If the initial request was provided in writing, the | 1149 |
explanation also shall be provided to the requester in writing. | 1150 |
The explanation shall not preclude the public office or the person | 1151 |
responsible for the requested public record from relying upon | 1152 |
additional reasons or legal authority in defending an action | 1153 |
commenced under division (C) of this section. | 1154 |
(5) A public office or person responsible for public records | 1163 |
may ask a requester to make the request in writing, may ask for | 1164 |
the requester's identity, and may inquire about the intended use | 1165 |
of the information requested, but may do so only after disclosing | 1166 |
to the requester that a written request is not mandatory and that | 1167 |
the requester may decline to reveal the requester's identity or | 1168 |
the intended use and when a written request or disclosure of the | 1169 |
identity or intended use would benefit the requester by enhancing | 1170 |
the ability of the public office or person responsible for public | 1171 |
records to identify, locate, or deliver the public records sought | 1172 |
by the requester. | 1173 |
(6) If any person chooses to obtain a copy of a public record | 1174 |
in accordance with division (B) of this section, the public office | 1175 |
or person responsible for the public record may require that | 1176 |
person to pay in advance the cost involved in providing the copy | 1177 |
of the public record in accordance with the choice made by the | 1178 |
person seeking the copy under this division. The public office or | 1179 |
the person responsible for the public record shall permit that | 1180 |
person to choose to have the public record duplicated upon paper, | 1181 |
upon the same medium upon which the public office or person | 1182 |
responsible for the public record keeps it, or upon any other | 1183 |
medium upon which the public office or person responsible for the | 1184 |
public record determines that it reasonably can be duplicated as | 1185 |
an integral part of the normal operations of the public office or | 1186 |
person responsible for the public record. When the person seeking | 1187 |
the copy makes a choice under this division, the public office or | 1188 |
person responsible for the public record shall provide a copy of | 1189 |
it in accordance with the choice made by the person seeking the | 1190 |
copy. Nothing in this section requires a public office or person | 1191 |
responsible for the public record to allow the person seeking a | 1192 |
copy of the public record to make the copies of the public record. | 1193 |
(7) Upon a request made in accordance with division (B) of | 1194 |
this section and subject to division (B)(6) of this section, a | 1195 |
public office or person responsible for public records shall | 1196 |
transmit a copy of a public record to any person by United States | 1197 |
mail or by any other means of delivery or transmission within a | 1198 |
reasonable period of time after receiving the request for the | 1199 |
copy. The public office or person responsible for the public | 1200 |
record may require the person making the request to pay in advance | 1201 |
the cost of postage if the copy is transmitted by United States | 1202 |
mail or the cost of delivery if the copy is transmitted other than | 1203 |
by United States mail, and to pay in advance the costs incurred | 1204 |
for other supplies used in the mailing, delivery, or transmission. | 1205 |
In any policy and procedures adopted under this division, a | 1213 |
public office may limit the number of records requested by a | 1214 |
person that the office will transmit by United States mail to ten | 1215 |
per month, unless the person certifies to the office in writing | 1216 |
that the person does not intend to use or forward the requested | 1217 |
records, or the information contained in them, for commercial | 1218 |
purposes. For purposes of this division, "commercial" shall be | 1219 |
narrowly construed and does not include reporting or gathering | 1220 |
news, reporting or gathering information to assist citizen | 1221 |
oversight or understanding of the operation or activities of | 1222 |
government, or nonprofit educational research. | 1223 |
(8) A public office or person responsible for public records | 1224 |
is not required to permit a person who is incarcerated pursuant to | 1225 |
a criminal conviction or a juvenile adjudication to inspect or to | 1226 |
obtain a copy of any public record concerning a criminal | 1227 |
investigation or prosecution or concerning what would be a | 1228 |
criminal investigation or prosecution if the subject of the | 1229 |
investigation or prosecution were an adult, unless the request to | 1230 |
inspect or to obtain a copy of the record is for the purpose of | 1231 |
acquiring information that is subject to release as a public | 1232 |
record under this section and the judge who imposed the sentence | 1233 |
or made the adjudication with respect to the person, or the | 1234 |
judge's successor in office, finds that the information sought in | 1235 |
the public record is necessary to support what appears to be a | 1236 |
justiciable claim of the person. | 1237 |
(9)(a) Upon written request made and signed by a journalist | 1238 |
on or after December 16, 1999, a public office, or person | 1239 |
responsible for public records, having custody of the records of | 1240 |
the agency employing a specified peace officer, parole officer, | 1241 |
probation officer, bailiff, prosecuting attorney, assistant | 1242 |
prosecuting attorney, correctional employee, community-based | 1243 |
correctional facility employee, youth services employee, | 1244 |
firefighter, EMT, or investigator of the bureau of criminal | 1245 |
identification and investigation shall disclose to the journalist | 1246 |
the address of the actual personal residence of the peace officer, | 1247 |
parole officer, probation officer, bailiff, prosecuting attorney, | 1248 |
assistant prosecuting attorney, correctional employee, | 1249 |
community-based correctional facility employee, youth services | 1250 |
employee, firefighter, EMT, or investigator of the bureau of | 1251 |
criminal identification and investigation and, if the peace | 1252 |
officer's, parole officer's, probation officer's, bailiff's, | 1253 |
prosecuting attorney's, assistant prosecuting attorney's, | 1254 |
correctional employee's, community-based correctional facility | 1255 |
employee's, youth services employee's, firefighter's, EMT's, or | 1256 |
investigator of the bureau of criminal identification and | 1257 |
investigation's spouse, former spouse, or child is employed by a | 1258 |
public office, the name and address of the employer of the peace | 1259 |
officer's, parole officer's, probation officer's, bailiff's, | 1260 |
prosecuting attorney's, assistant prosecuting attorney's, | 1261 |
correctional employee's, community-based correctional facility | 1262 |
employee's, youth services employee's, firefighter's, EMT's, or | 1263 |
investigator of the bureau of criminal identification and | 1264 |
investigation's spouse, former spouse, or child. The request shall | 1265 |
include the journalist's name and title and the name and address | 1266 |
of the journalist's employer and shall state that disclosure of | 1267 |
the information sought would be in the public interest. | 1268 |
(c) As used in division (B)(9) of this section, "journalist" | 1275 |
means a person engaged in, connected with, or employed by any news | 1276 |
medium, including a newspaper, magazine, press association, news | 1277 |
agency, or wire service, a radio or television station, or a | 1278 |
similar medium, for the purpose of gathering, processing, | 1279 |
transmitting, compiling, editing, or disseminating information for | 1280 |
the general public. | 1281 |
(C)(1) If a person allegedly is aggrieved by the failure of a | 1282 |
public office or the person responsible for public records to | 1283 |
promptly prepare a public record and to make it available to the | 1284 |
person for inspection in accordance with division (B) of this | 1285 |
section or by any other failure of a public office or the person | 1286 |
responsible for public records to comply with an obligation in | 1287 |
accordance with division (B) of this section, the person allegedly | 1288 |
aggrieved may commence a mandamus action to obtain a judgment that | 1289 |
orders the public office or the person responsible for the public | 1290 |
record to comply with division (B) of this section, that awards | 1291 |
court costs and reasonable attorney's fees to the person that | 1292 |
instituted the mandamus action, and, if applicable, that includes | 1293 |
an order fixing statutory damages under division (C)(1) of this | 1294 |
section. The mandamus action may be commenced in the court of | 1295 |
common pleas of the county in which division (B) of this section | 1296 |
allegedly was not complied with, in the supreme court pursuant to | 1297 |
its original jurisdiction under Section 2 of Article IV, Ohio | 1298 |
Constitution, or in the court of appeals for the appellate | 1299 |
district in which division (B) of this section allegedly was not | 1300 |
complied with pursuant to its original jurisdiction under Section | 1301 |
3 of Article IV, Ohio Constitution. | 1302 |
If a requestor transmits a written request by hand delivery | 1303 |
or certified mail to inspect or receive copies of any public | 1304 |
record in a manner that fairly describes the public record or | 1305 |
class of public records to the public office or person responsible | 1306 |
for the requested public records, except as otherwise provided in | 1307 |
this section, the requestor shall be entitled to recover the | 1308 |
amount of statutory damages set forth in this division if a court | 1309 |
determines that the public office or the person responsible for | 1310 |
public records failed to comply with an obligation in accordance | 1311 |
with division (B) of this section. | 1312 |
The amount of statutory damages shall be fixed at one hundred | 1313 |
dollars for each business day during which the public office or | 1314 |
person responsible for the requested public records failed to | 1315 |
comply with an obligation in accordance with division (B) of this | 1316 |
section, beginning with the day on which the requester files a | 1317 |
mandamus action to recover statutory damages, up to a maximum of | 1318 |
one thousand dollars. The award of statutory damages shall not be | 1319 |
construed as a penalty, but as compensation for injury arising | 1320 |
from lost use of the requested information. The existence of this | 1321 |
injury shall be conclusively presumed. The award of statutory | 1322 |
damages shall be in addition to all other remedies authorized by | 1323 |
this section. | 1324 |
(a) That, based on the ordinary application of statutory law | 1328 |
and case law as it existed at the time of the conduct or | 1329 |
threatened conduct of the public office or person responsible for | 1330 |
the requested public records that allegedly constitutes a failure | 1331 |
to comply with an obligation in accordance with division (B) of | 1332 |
this section and that was the basis of the mandamus action, a | 1333 |
well-informed public office or person responsible for the | 1334 |
requested public records reasonably would believe that the conduct | 1335 |
or threatened conduct of the public office or person responsible | 1336 |
for the requested public records did not constitute a failure to | 1337 |
comply with an obligation in accordance with division (B) of this | 1338 |
section; | 1339 |
(i) That, based on the ordinary application of statutory law | 1376 |
and case law as it existed at the time of the conduct or | 1377 |
threatened conduct of the public office or person responsible for | 1378 |
the requested public records that allegedly constitutes a failure | 1379 |
to comply with an obligation in accordance with division (B) of | 1380 |
this section and that was the basis of the mandamus action, a | 1381 |
well-informed public office or person responsible for the | 1382 |
requested public records reasonably would believe that the conduct | 1383 |
or threatened conduct of the public office or person responsible | 1384 |
for the requested public records did not constitute a failure to | 1385 |
comply with an obligation in accordance with division (B) of this | 1386 |
section; | 1387 |
(E)(1) To ensure that all employees of public offices are | 1397 |
appropriately educated about a public office's obligations under | 1398 |
division (B) of this section, all elected officials or their | 1399 |
appropriate designees shall attend training approved by the | 1400 |
attorney general as provided in section 109.43 of the Revised | 1401 |
Code. In addition, all public offices shall adopt a public records | 1402 |
policy in compliance with this section for responding to public | 1403 |
records requests. In adopting a public records policy under this | 1404 |
division, a public office may obtain guidance from the model | 1405 |
public records policy developed and provided to the public office | 1406 |
by the attorney general under section 109.43 of the Revised Code. | 1407 |
Except as otherwise provided in this section, the policy may not | 1408 |
limit the number of public records that the public office will | 1409 |
make available to a single person, may not limit the number of | 1410 |
public records that it will make available during a fixed period | 1411 |
of time, and may not establish a fixed period of time before it | 1412 |
will respond to a request for inspection or copying of public | 1413 |
records, unless that period is less than eight hours. | 1414 |
(2) The public office shall distribute the public records | 1415 |
policy adopted by the public office under division (E)(1) of this | 1416 |
section to the employee of the public office who is the records | 1417 |
custodian or records manager or otherwise has custody of the | 1418 |
records of that office. The public office shall require that | 1419 |
employee to acknowledge receipt of the copy of the public records | 1420 |
policy. The public office shall create a poster that describes its | 1421 |
public records policy and shall post the poster in a conspicuous | 1422 |
place in the public office and in all locations where the public | 1423 |
office has branch offices. The public office may post its public | 1424 |
records policy on the internet web site of the public office if | 1425 |
the public office maintains an internet web site. A public office | 1426 |
that has established a manual or handbook of its general policies | 1427 |
and procedures for all employees of the public office shall | 1428 |
include the public records policy of the public office in the | 1429 |
manual or handbook. | 1430 |
(b) "Bulk commercial special extraction request" means a | 1446 |
request for copies of a record for information in a format other | 1447 |
than the format already available, or information that cannot be | 1448 |
extracted without examination of all items in a records series, | 1449 |
class of records, or database by a person who intends to use or | 1450 |
forward the copies for surveys, marketing, solicitation, or resale | 1451 |
for commercial purposes. "Bulk commercial special extraction | 1452 |
request" does not include a request by a person who gives | 1453 |
assurance to the bureau that the person making the request does | 1454 |
not intend to use or forward the requested copies for surveys, | 1455 |
marketing, solicitation, or resale for commercial purposes. | 1456 |