Ohio Admin. Code 3349-1-125 - Public records
(A)
Purpose
This rule is designed to assist in facilitating prompt access to public records and to ensuring compliance with the Ohio public records act.
(B)
Scope
This rule applies to all individuals who manage records of the university.
(C)
Definitions
(1)
"Records
retention schedule" refers to an institutional resource that provides guidance
to the university community on the appropriate retention and disposition of
records.
(2)
"Public record" refers to records that are subject to
release under the Ohio public records law.
(3)
"Record" refers
to any document, device, or item, regardless of physical form or
characteristic, including an electronic record, that is created, received by,
or comes under the purview of the university which serves to document the
organization, its functions, policies, decisions, procedures, operations or
other activities of the university.
(D)
Rule
(1)
Processing
requests
(a)
The
office of the general counsel is the designated office for receiving and
reviewing all public records requests. Requests can be made in person, by
telephone, or in writing, including email.
(b)
If another
university department or office receives a public records request, that
department or office should refer the request to the office of the general
counsel.
(c)
Although no specific language is required to make a
public records request, the requester must identify the record(s) requested
with sufficient clarity to allow the university to identify, retrieve, and
review the records.
(d)
The requester does not have to put a public records
request in writing and does not have to provide their identity or the intended
use of the requested public record(s). The university is permitted to ask for a
written request, the requester's identity, and/or the intended use of the
information in certain circumstances.
(e)
The university is
not obligated to create a new record containing the information requested or to
perform research in response to a public records request.
(f)
The university is
not obligated to continue to update the requestor if new records are created
after the record(s) are provided to the requestor.
(g)
A university
employee may accompany the requester while the requestor is inspecting
university records.
(h)
The university may not limit the number of public
records requests that a single individual can make, nor limit the number of
public records that will be made available during a fixed period of
time.
(i)
When a public records request is made to examine a
personnel file of a current employee, the university will make a good faith
effort to inform the employee whose file is the subject of the
request.
(j)
Requests for the release of records that are made
through releases, subpoenas, or discovery efforts will be managed by the office
of the general counsel and the affected department or office where the records
are located.
(2)
Electronic records
(a)
Electronic
records, such as email, text messaging, and instant messaging, including those
sent and received via a hand-held communications device, are to be treated in
the same fashion as records in other formats (i.e. paper,
audiotape).
(b)
All university employees are required to manage their
email and other electronic records in accordance with the northeast Ohio
medical university (NEOMED) records retention schedule and rule 3449-3-175 of
the Administrative Code.
(c)
Content transmitted to or from private accounts or
personal devices that constitutes a public record is subject to
disclosure.
(3)
Response timeframe
(a)
NEOMED public
records are to be available for inspection during regular business
hours.
(b)
Public records must be made available for inspection
promptly and copies of public records must be made available within a
reasonable period of time.
(4)
Denial and
redaction of records
(a)
Ambiguous or overly broad requests may be denied. The
university will 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 university.
(b)
Certain records,
or portions of a record, are exempt from disclosure. Exempt portions of a
record will be redacted. Any redactions will be plainly visible and explained
to the requester with citation to the associated legal
authority.
(5)
Costs for copying and mailing of records
The university may require prepayment of costs associated with producing copies and delivery and may charge only its actual cost of producing copies of the records, including copying and mailing expenses.
(6)
Managing records
Records are subject to the NEOMED records retention schedule and are managed in accordance with rule 3449-3-175 of the Administrative Code.
Replaces: 3349-3-125
Notes
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 3350.12
Prior Effective Dates: 02/02/2015, 02/14/2019, 08/22/2019
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