General Public Records Issues

from the Office of University Relations
September 2007

1. What is a public record?
2. Is all information that is contained in a record disclosable?
3. Can an individual inspect a public record in person?
4. Are there fees for retrieving and copying records?
5. What if my office or department receives a public records request?
6. How do I respond to a public records request?
7. Where can an individual make a public records request to the university?
8. Can a Public Record be destroyed, deleted or tossed anytime?
9. Changes in the law coming September 29, 2007

What is a "public record"?

A public record means any records kept by any public office, except those records that are otherwise identified as exempt under the Ohio Public Records Act or the release of which is prohibited by state or federal law. Ohio Revised Code § 149.011(G) provides that a records includes [1] any document, device, or item, regardless of physical form or characteristic; [2] created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions; [3] which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office.

Is all information that is contained in a record disclosable?

Not all information contained in a record (or for that matter the record itself) is subject to release under the public records law. For example, Social Security numbers should always be removed from a document before it is released. Moreover, certain personally identifiable information of enrolled students and records containing intellectual property or trade secrets are not to be released.

Can an individual inspect a public record in person?

Yes. An individual may inspect records at a mutually convenient time arranged during business hours. However, if the person also would like copies of records and such records cannot be readily copied due to the volume or the need to remove certain information, you may have the requestor return at a later date to collect copies or make arrangements for copies to be mailed to the requestor.

Are there fees for retrieving and copying records?

The law allows us to require prepayment of costs associated with producing copies, including copying and mailing expenses. Generally, the University may charge only its actual cost of producing copies of the records.

What if my office or department receives a public records request?

As a public office, the University is required to provide records to a requestor within a reasonable period of time. All efforts should be made to comply with the individual's request within this timeframe. Sometimes, however, the request may be so broad and ambiguous that the request cannot be fulfilled. While an individual is not required to submit a request in writing to inspect or receive a copy of a public record, the university encourages the requestor to submit a written request as an effort to minimize any confusion and to prevent any misunderstanding on either part as to the records the requestor is seeking.

How do I respond to a public records request?

If you are unsure of whether the records sought are public records or may contain information that is exempt under the law (e.g., student information, trade secret, medical information), then contact Jan Alan Neiger in the Office of Legal Affairs. The law allows for legal review of a request before providing a response.

Where can an individual make a public records request to the university?

If you are a member of the media seeking records, then please submit your request to the Office of University Relations, Rm. 08 C Bricker Hall, 190 N. Oval Mall, Columbus, Ohio, 43210. See University Relations. All other members of the public should submit their requests to the administrative or college office, if known, having custody of the records.

Can a Public Record be destroyed, deleted or tossed anytime?

Public records may only be destroyed in compliance with the University’s retention schedule. If the retention schedule, whether the general schedule or the unique college/department schedule, does not address the particular type of record in question, the record should be maintained until the schedule is properly amended to address it.

The University’s general schedule, and certain unique schedules, can be found at The Ohio State University Archives.

Changes in the law coming September 29, 2007.

House Bill 9 adds language to the current law instructing how public offices are to respond to records requests.

• Before denying the request, University must give the requestor the opportunity to revise his or her request “by informing the requester of the manner in which records are maintained” and how records are accessed in the University’s ordinary course of business.
• If a records request is denied, in whole or in part, University must provide the requestor with an explanation for the denial, including citing to specific legal authority.
• University may ask for the requestor to put his or her request in writing and for the identity of the requestor and his or her motive for the records. However, requestor must be informed that the receipt of records is not contingent on such information and that he or she can decline to give such information.
• University is subject to court costs and the potential of a $100 in statutory damages for each business day during which the public records were wrongfully withheld. Damages are capped at a $1,000.
• University is required to adopt a public records policy for responding to public records requests, and it must be distributed to the employee who is the records custodian or otherwise has custody of the records in the administrative or college office.