Ohio Administrative Code
Title 3354:1 - Cuyahoga Community College
Chapter 3354:1-11 - Cuyahoga Community College Policies
Section 3354:1-11-06.1 - Public records procedure
Universal Citation: OH Admin Code 3354:1-11-06.1
Current through all regulations passed and filed through September 16, 2024
(A) Key principles of the Public Records Act.
(1) Public records must be available for
inspection during regular business hours of the college. 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" are to
be interpreted in light of 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.
(2) 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 a requester makes an ambiguous or overly broad request
or has difficulty making a request such that the college cannot reasonably
identify what public records are being requested, the office of legal services
may deny the request but shall provide the requester with an opportunity to
revise the request by informing the requester of the manner in which records
are maintained and accessed in the ordinary course of business.
(3) Written requests can be encouraged, but
cannot be required. A requester is not required to put a public records request
in writing, and does not have to provide his or her identity, or the intended
use of the requested public record. However, the college may ask for a request
to be in writing, for the requester's identity, and/or for the intended use of
the records if (a) the requester is first notified that he or she
is not required to disclose the information and
(b) that
disclosing this information would benefit the requester by enhancing the
college's ability to identify, locate or deliver the requested
records.
(4) The Public Records Act
does not require that a new public record be created or that the college
perform analysis of existing information in response to a public records
request.
(5) The college's records
are subject to the college's records retention schedule. The current schedule
is available at www.tri-c.edu/legal, a location
readily available to the public as required by the Public Records
Act.
(6) Electronic records.
(a) An electronic record is deemed to exist
so long as a computer or existing software program currently in use at the
college is already programmed to produce the record through simple sorting,
filtering or querying.
(b) Content
that is transmitted to or from private email accounts (accounts not issued and
maintained by the college) or personal devices and that meets the definition of
a public record can be subject to disclosure upon request.
(c) All employees of the college are required
to retain their email and other electronic records in accordance with the
college's records retention schedule and email policies and
procedures.
(7) Costs for
public records.
(a) Those seeking public
records will be charged only the actual cost of making copies, in whatever
format. (There will be no charge for employee time.) The fees received should
be remitted to the College's office of legal services.
(b) There will be no charge for documents
e-mailed or produced electronically on a compact disc.
(c) Requesters may ask that documents be
mailed to them. They will be charged the actual cost of the postage and mailing
supplies and reasonable copying costs.
(B) Preparing a Public Records Act response.
(1) For every public records request, the
college personnel receiving the request for public records must promptly notify
the office of legal services, and provide a copy of the request, if available.
The office of legal services shall track such requests, including name of
requester if provided; a summary description of records being sought; date
request received; date request completed; and what records were provided or
denied.
(2) The office of legal
services, in collaboration with the records owner(s), should evaluate each
request to determine an estimated length of time required to gather the
records. All requests for public records shall either be satisfied or be
acknowledged within three business days following receipt of the request. If a
request is deemed significantly beyond "routine," such as seeking a voluminous
number of copies or requiring extensive research, the acknowledgement should
include a statement regarding the extended period to respond with an estimated
length of time that it will take to satisfy the request.
(3) The office of legal services must comply
with the request for public records by collecting the requested public records
as promptly as possible.
(4) All
persons collecting records in response to a public records request must
promptly deliver all requested records to the office of legal
services.
(5) Exemptions to the
Public Records Act must be considered when responding to a public records
request.
(a) The Public Records Act
specifically exempts certain classifications of records from disclosure.
Records that might be protected from disclosure include, without limitation,
medical records, trial preparation records, law enforcement investigatory
records, student education records, intellectual property records, trade secret
information, social security numbers, police officer residential and family
information, and college security and infrastructure records. A more complete
list of exceptions can be found at Section
149.43 and other sections of the
Revised Code.
(b) The college
complies with the Family Educational Rights and Privacy Act of 1974, as amended
(FERPA), regarding the release of a student's education records.
(6) Any denial of public records
requested must include a supporting 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. Redactions must be plainly visible.
If there are redactions, they must be accompanied by a supporting explanation,
including legal authority.
(C) Responding.
(1) The records that have been collected to
fulfill a public records request must be reviewed by the office of legal
services prior to their release to ensure fulfillment of the public records
request and compliance with the Public Records Act.
(2) Following this review, the office of
legal services will respond directly to the requester within a reasonable
period of time.
(3) In most cases,
if the request is to inspect the public records, the inspection will take place
at the location where the records have been collected, during regular business
hours, and under the supervision of a member of the office of legal services,
the records administrator or a designee.
(4) If the request is for copies, the office
of legal services shall make arrangements for any copying of the requested
public records, and, following legal review, shall arrange for delivery of the
records.
(D) The president or the president's designee is hereby directed to take all steps necessary and appropriate for the effective implementation of this policy.
Replaces: 3354: 1-11-06
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.