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Records Commission

Commission Members

Mayor John P Roskos

Chief Fiscal Officer John H. Roskos

Chief Legal Officer Mike Germano

Village Resident Margo Zalar

Bookmark276.01  ESTABLISHMENT; MEMBERSHIP; OFFICERS; EMPLOYEES; COMPENSATION; ARCHIVIST.
   There is hereby created a Records Commission composed of the chief executive or the chief executive’s appointed representative, as chairperson, and the chief fiscal officer, the chief legal officer, and a citizen appointed by the chief executive.  The Commission shall appoint a secretary, who may or may not be a member of the Commission and who shall serve at the pleasure of the Commission.  The Commission may employ an archivist or records manager to serve under its direction.  The Commission shall meet at least once every six months, and upon call of the chairperson.
(Ord. 2008-4.  Passed 1-15-08.)

Bookmark276.02  MEETINGS; FUNCTIONS.
   The functions of the Records Commission shall be to provide rules for retention and disposal of records of the municipal corporation and to review applications for one-time disposal of obsolete records and schedules of records retention and disposition submitted by municipal officers. The Commission may dispose of records pursuant to the procedure outlined in this chapter. The Commission at any time may review any schedule it has previously approved, and for good cause shown may revise that schedule.
(Ord. 2008-4.  Passed 1-15-08.)

Bookmark276.03  DISPOSAL OF RECORDS.
   When the Records Commission has approved any application for one-time disposal of obsolete records or any schedule of records retention and disposition, the Commission shall send that application or schedule to the Ohio Historical Society for its review.  The Ohio Historical Society shall review the application or schedule within a period of not more than 60 days after its receipt.  Upon completion of its review, the Ohio Historical Society shall forward the application for one-time disposal of obsolete records or the schedule of records retention and disposition to the Auditor of State for the Auditor’s approval or disapproval.  The Auditor shall approve or disapprove the application or schedule within a period of not more than 60 days after receipt.  Before public records are to be disposed of, the Commission shall inform the Ohio Historical Society of the disposal through the submission of a certificate of records disposal and shall give the society the opportunity for a period of fifteen business days to select for its custody those public records that it considers to be of continuing historical value.
(Ord. 2008-4.  Passed 1-15-08.)
208.01  STATEMENT OF POLICY.
   It is the policy of the Village of Timberlake (the Village) that openness leads to a better informed citizenry, which leads to better government and better public policy. It is the policy of the Village to strictly adhere to the State’s Public Records Act, being R.C. § 149.43. 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.
(Res. 2008-7.  Passed 1-15-08.)

Bookmark208.02  PUBLIC RECORDS DEFINED.
   The Village, 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 the Village that documents the organization, functions, policies, decisions, procedures, operations, or other activities of the Village. All records of the Village are public unless they are specifically exempt from disclosure under the Ohio Revised Code.
(Res. 2008-7.  Passed 1-15-08.)

Bookmark208.03  RECORD REQUEST.
   Each request for public records should be evaluated for a response using the following guidelines:
   (a)   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 Village 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 Village keeps its records.
   (b)   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 general policy that this information is not to be requested.
   (c)   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.
   (d)   (1)   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 fewer than twenty 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.
      (2)   All requests for public records must either be satisfied or acknowledged in writing by the Village within three business days following the Village’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:
         A.   An estimated number of business days it will take to satisfy the request.
         B.   An estimated cost if copies are requested.
         C.   Any items within the request that may be exempt from disclosure.
   (e)   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.
(Res. 2008-7.  Passed 1-15-08.)

Bookmark208.04  COSTS FOR PUBLIC RECORDS.
   Those seeking public records shall indicate what format they want the records return on and will be charged the actual cost of making the requested copies. Additional costs will be incurred if the requested documents cannot be reproduced using Village equipment. The Village may choose to employ the services, and charge the requester the costs of a private contractor to copy public records so long as the decision to do so is reasonable.
   (a)   The charge for paper copies is $0.10 per page;
   (b)   The charge for downloaded computer files to a compact disk is $2.00 per disk;
   (c)   There is no charge for documents sent via email;
   (d)   Any requests to be returned by mail or by any other carrier service, shall be assessed the actual cost, including postage and mailing supplies, to comply with said request;
   (e)   All costs shall be paid in advance by the requester.
(Res. 2008-7.  Passed 1-15-08; Ord. 2013-14.  Passed 6-18-13.)

Bookmark208.05  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 Village. E-mail is to be treated in the same fashion as records in other formats and should follow the same retention schedules.
   (a)   Records in private e-mail accounts used to conduct public business are subject to disclosure, and all employees or representatives of the Village are instructed to retain their e-mails that relate to public business (see Section 208.02 – Public Records Defined) and to copy them to their business e-mail accounts and/or to the Village’s records custodian.
   (b)   The records custodian is to treat the e-mails from private accounts as records of the Village, 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, being R.C. § 149.43.
(Res. 2008-7.  Passed 1-15-08.)

Bookmark208.06  FAILURE TO RESPOND TO PUBLIC RECORDS REQUEST.
   The 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, the Village’s failure to comply with a request may result in a court ordering the Village to comply with the law and to pay the requester attorney’s fees and damages.
(Res. 2008-7.  Passed 1-15-08.)

Bookmark208.07  PUBLIC RECORDS RETENTION POLICY.
   The Record Retention Schedule (RC-2), attached to Ordinance 2015-15, passed August 16, 2016, is incorporated herein by reference. A copy of the Records Retention Schedule (RC-2) shall be made available upon request made to the Village Fiscal Officer.
(Ord. 2015-15.  Passed 8-16-16.)
 CROSS REFERENCES
   Photostat, microfilm or other recording – see Ohio R.C. 9.01
   Keeping of public records for P.E.R.S. – see Ohio R.C. 145.18
   Destruction of records – see Ohio R.C. 149.11, 149.35, 149.351
   Records and archives defined – see Ohio R.C. 149.40
   Availability of records – see Ohio R.C. 149.42, 149.43
   Recovery of stolen records – see Ohio R.C. 149.352
   Public Records Policy – see ADM. Ch. 208
   Records Clerk – see ADM. Ch. 244
   Tampering with records – see GEN. OFF. 672.19