PUBLIC RECORDS
1. Openness leads to a better-informed citizenry, which leads to better government and better
public policy. Consistent with the premise that government at all levels exists first and
foremost to serve the interests of the people, it is the mission and intent of the City of
Waterville to at all times fully comply with and abide by both the spirit and the letter of
Ohio’s Public Records Act.
1. All records kept by the City are public unless they are exempt from disclosure under Ohio
law. All public records must be organized and maintained in such a way that they can be
made available for inspection and copying.
2. A record is defined to include the following: A document in any format – paper, electronic
(including, but not limited to, business e-mail) – that is created, received by, or comes
under the jurisdiction of the City that documents the organization, functions, policies,
decisions, procedures, operations, or other activities of the City.
1. 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 and redaction of the records requested.
2. It is the goal of the City that all requests for public records should be acknowledged in
writing or, if possible, satisfied within five (5) business days following the City’s receipt of
the request.
- HANDLING REQUESTS
- ELECTRONIC RECORDS
- DENIAL OR REDACTION OF RECORDS
- COPYING AND MAILING COSTS
- MANAGING RECORDS
1. No specific language is required to make a request for public records. However, the
requester must at least identify the records requested with sufficient clarity to allow the
City to identify, retrieve, and review the records. If it is not clear what records are being
sought, the City must contact the requester for clarification, and should assist the requester
in revising the request by informing the requester of the manner in which the City keeps its
public records.
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 the
City’s general policy that this information is not to be requested. However, the law does
permit the City to ask for a written request, the requestor’s identity, and/or the intended use
of the information requested, but only (1) if a written request or disclosure of identity or
intended use would benefit the requestor by enhancing the City’s ability to identify, locate,
or deliver the public records that have been requested; and (2) after telling the requestor
that a written request is not required and that the requester may decline to reveal the
requestor’s identity or intended use.
3. In processing the request, the City does not have an obligation to create new records or
perform new analysis of existing information. An electronic record is deemed to exist so
long as a computer is already programmed to produce the record through simple sorting,
filtering, or querying. Although not required by law, the City may accommodate the
requestor by generating new records when it makes sense and is practical under the
circumstances.
4. In processing a request for inspection of a public record, a City employee must accompany
the requester during inspection to make certain original records are not taken or altered.
5. A copy of the most recent edition of the Ohio Sunshine Laws manual is available via the
Attorney General’s internet website (www.ohioattorneygeneral.gov) for the purpose of
keeping employees of the City and the public educated as to the City’s obligations under
the Ohio Public Records Act, Open Meetings Act, records retention laws and Personal
Information Systems Act.
1. Records in the form of e-mail, including those sent and received via a hand-held
communications device (such as a Blackberry) are to be treated in the same fashion as
records in other formats, such as paper or audiotape.
2. Public record content transmitted to or from private accounts or personal devices is subject
to disclosure. All employees or representatives of the City are required to retain their email records in accordance with applicable records retention schedules.
1. If the requester makes an ambiguous or overly broad request or has difficulty in making a
request for public records, the request may be denied, but the denial must provide the
requester an opportunity to revise the request by informing the requester of the manner in
which records are maintained and accessed by the City.
2. Any denial of public records requested must include an explanation, including legal
authority. If the initial request was made in writing, the explanation must also be in
writing. If portions of a record are public and portions are exempt, the exempt portions
may be redacted and the rest released. When making public records available for public
inspection or copying, the City shall notify the requestor of any redaction or make the
redaction plainly visible. If there are redactions, each redaction must be accompanied by a
supporting explanation, including legal authority.
1. Those seeking public records may be charged only the actual cost of making copies, not
labor. The charge for paper copies is 10 cents per page. The charge for electronic files
downloaded to a compact disc is the City’s actual cost per disc.
2. A requester may be required to pay in advance for costs involved in providing the cоpy.
The requester may choose whether to have the record duplicated upon paper, upon the
same medium in which the public record is kept, or upon any other medium on which the
City determines that the record can reasonably be duplicated as an integral part of the
City’s normal operations.
3. If a requester asks that documents be mailed, he or she may be charged the actual cost of
the postage and mailing supplies. There is no charge for documents e-mailed.
1. City records are subject to records retention schedules. The City’s current schedules are
available at the Municipal Building, a location readily available to the public as required by
§149.43(B)(2), Ohio Revised Code.