Procedures.
(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
his or her
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.
