Ohio Administrative Code
Title 3349 - Northeast Ohio Medical University
Chapter 3349-3 - Faculty Rules
Section 3349-3-125 - Public records
Universal Citation: OH Admin Code 3349-3-125
Current through all regulations passed and filed through September 16, 2024
(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 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
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
