Ohio Administrative Code › Title 3356 - Youngstown State University › Chapter 3356-9 - Selection and Evaluation of Officers of University and Employment of Students › Section 3356-9-07 - Public records

Current through all regulations passed and filed through July 1, 2024
(A) Policy statement. It is the policy of the
			 university that openness leads to a better informed citizenry, which leads to
			 better government and better public policy. In accordance with this policy, the
			 university strictly adheres to the state's public records act (see section
			 149.43
			 of the Revised Code).
(B) Purpose.
			 To define the procedures that the university will follow in administering the
			 public records law.
(C) Definition.
			 A "public record" is defined as any document, device or item, regardless of
			 physical form or characteristic, including paper, electronic (including but not
			 limited to e-mail), or other format, that is created or received by or comes
			 under the jurisdiction of a public office that documents the organization,
			 functions, policies, decisions, procedures, operations, or other activities of
			 the office. All records of the university are public unless they are
			 specifically exempt from disclosure under section
			 149.43
			 of the Revised Code.
(D)
			 Procedures.
(1) It is the policy of the
			 university that, as required by Ohio law, records will be organized and
			 maintained so that they are readily available for inspection and copying.
			 Record retention schedules are to be updated regularly and posted
			 prominently.
(2) 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 public office to identify,
			 retrieve, and review the records. If it is not clear what records are being
			 sought, the records custodian must contact the requester for
			 clarification.
(b) The requester
			 does not have to put a records request in writing and does not have to provide
			 
										their identity or the intended use of the requested
			 public record.
(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) Public records requests should
			 be directed to the "Office of the General Counsel, Tod Hall, Suite 314,
			 Youngstown State University, One University Plaza, Youngstown, Ohio 44555," or
			 call (330) 941-2340.
"Routine requests" are those that certain departments receive
				on a consistent basis and that request basic information. These routine
				requests do not need to go to the office of the general counsel but may be
				processed by the office that retains the information after having first
				discussed the process with the office of the general counsel. "Non-routine
				requests," or requests that produce voluminous documents, must be processed
				through the general counsel's office.
(e) Routine requests for information that are
			 easily accessed will be processed as quickly as is reasonable. Non-routine or
			 voluminous requests that require extensive copying or research will be
			 accompanied by an acknowledgment including:
(i) An estimated number of business days it
			 will take to satisfy the request.
(ii) An estimated cost, if copies are
			 requested.
(iii) Any items within
			 the request that may be exempt from disclosure, if known at the time of the
			 acknowledgment.
(f) 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.
(g)
			 Those seeking public records will be charged only the actual cost of making
			 copies. The university is permitted to request payment in advance.
(i) The charge for paper copies is five cents
			 per page.
(ii) The charge for
			 downloaded computer files to a compact disc is one dollar per disc.
(iii) There is no charge for documents
			 e-mailed.
(iv) Requesters may ask
			 that documents be mailed to them. They will be charged the actual cost of the
			 postage and mailing supplies.
(h) Documents in electronic mail format are
			 records as defined in section
			 149.43
			 of the Revised Code when their content relates to the business of the office.
			 E-mail is to be treated in the same fashion as records in other formats and
			 should follow the same retention schedules.
Records in private e-mail accounts used to conduct public
				business are subject to disclosure and all employees or representatives of the
				university are instructed to retain their e-mails that relate to public
				business.
(i) The
			 university recognizes the legal and civic consequences of
			 a failure to properly respond to a public records
			 request. In addition to the distrust in government, such a failure may result
			 in a court ordering the university to comply with the law and to pay the
			 requester attorney's fees and damages.