Public Records Policy
MISSION STATEMENT
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 Scioto County Sheriff’s Office at all times to fully comply with and abide by both the spirit and the letter of Ohio’s Public Records Act.
WHAT ARE PUBLIC RECORDS?
All records kept by the Scioto County Sheriff’s Office 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.
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 Scioto County Sheriff’s Office, that documents the organization, functions, policies, decisions, procedures, operations, or other activities of the office.
HOW LONG DO WE HAVE TO RESPOND TO A PUBLIC RECORDS REQUEST?
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.
It is the goal of the Scioto County Sheriff’s Office that all requests for public records should be acknowledged in writing or, if possible, satisfied within three (3) business days following the office’s receipt of the request.
HOW IS A REQUEST FOR PUBLIC RECORDS MADE?
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 office to identify, retrieve, and review the records. If it is not clear what records are being sought, the office must contact the requester for clarification, and should assist the requester in revising the request by informing the requester in the manner in which the office keeps its public records.
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 this office’s general policy that this information is not to be requested. However, the law does permit the office 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 office’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.
In processing the request, the office 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 office may accommodate the requestor by generating new records when it makes sense and is practical under the circumstances.
In processing a request for inspection of a public record, an office employee must accompany the requester during inspection to make certain original records are not taken or altered.
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/YellowBook) for the purpose of keeping employees of the office and the public educated as to the office’s obligations under Ohio Public Records Act, Open Meetings Act, records retention laws and Personal Information Systems Act.
HOW ARE ELECTRONIC RECORDS HANDLED?
Records in the form of e-mail, 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, such as paper or audiotape.
Public record content transmitted to or from private accounts or personal devices is subject to or from private accounts or personal devices are subject to disclosure. All employees or representatives of this office are required to retain their e-mail records and other electronic records in accordance with applicable records retention schedules.
CAN THIS OFFICE DENY A REQUEST OR REDACT INFORMATION FROM THE DOCUMENT REQUESTED?
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 and opportunity to revise the request by informing the requester of the manner in which records are maintained and accessed by the office.
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 office 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.
WHAT WILL IT COST TO MAKE A PUBLIC RECORDS REQUEST?
Those seeking public records may be charged only the actual costs of making copies, not labor, the charge for paper copies is $0.10 cents per page. The charge for electronic files downloaded to a compact disc is $0.36 per disc.
A requester may be required to pay in advance for costs involved in providing the copy. 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 office determines the record can reasonably be duplicated as an integral part of the office’s normal operations.
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 emailed.
WHAT WILL IT COST TO MAKE A PUBLIC RECORDS REQUEST FOR VIDEOS?
All requests for inspection or production of a video record, shall require the requester to pay the estimated actual costs associated with preparing the video record in advance of the Scioto County Sheriff’s Office beginning the process of preparing the video record for inspection or production. The actual costs associated with preparing a video record for inspection or production shall not exceed seventy-five dollars ($75.00) per hour of video produced, nor be more than seven hundred fifty dollars ($750.00) total. “Actual Cost” for video records only includes all costs incurred by the law enforcement agency in reviewing, blurring, or otherwise obscuring, redacting, uploading, or producing the video records, including but not limited to the storage medium on which the record is produced, staff time, and any other relevant overhead necessary to comply with the request.
An estimate of actual cost shall be provided to the requester of a video record within five (5) days of the receipt of the public records request. No video record will be prepared for inspection or production until the estimated actual costs are paid in full. The actual cost for preparing the video record for inspection or production may be up to twenty per cent (20%) higher than the estimated actual cost provided. If the actual costs exceed the estimated actual costs, the requester shall be charged the difference in the estimated actual costs and the actual costs up to twenty percent (20%).
HOW DOES THE SCIOTO COUNTY SHERIFF’S OFFICE MAINTAIN ITS RECORDS?
The Scioto County Sheriff’s Office records are subject to records retentions schedules. The office’s current schedules are available at 1025 16th Street, Portsmouth, Ohio 45662, a location readily available to the public as required by § 149.43(B)(2)