Open Records

Ohio Library CouncilSeptember 18, 2007

Download the Model Open Records Policy for reference during this webcast:

www.olc.org/WordDocs/ModelPublicRecordsPolicyIten.doc

HB 9 Public Records Law

September 29, 2007

Public Records Law

• HB 9 did not change definition.• Any document, device, or item,

regardless of format…• Documents the organization,

functions, policies, decisions, procedures, operations…

Public Records Law

• Exceptions:– Patron Records– Medical and non-employment related

personnel records

Public Records Law

• Must have policy (“model” on AGs web site)• Cannot limit records available• Must be promptly prepared• Must make copies if requested (recoup cost)• Redact and explain exemptions• Overly broad requests can be revised• Requestor’s identity not required• You can ask for a written request, but not

require

Public Records Law

• Library Records Commission– Board of Trustees and Clerk Treasurer– Must meet at least once every 12

months– Review one-time disposal of records– Review records retention schedule

Public Records Law

• Retention and disposal schedule to OHS for approval (60 days)

• OHS sends to Auditor (60 days)• Before disposal, Certificate of

Disposal to OHS (15 days)

Public Records Law

OLC Web Site:1.“Model” policy2. Records Retention Schedule3. Electronic Records

Management Guidelines4. Guidelines for Databases as

Public Records5. OHS forms

Public Records Q & AQ. Our schedule and commission currently goes through the school

board. Does this remain the correct practice or is the Library Board the Commission?

A. The school board, or other taxing authority, is not responsible for any of the activities of the library’s Records Commission. The library’s Records Commission is made up of the Library Board of Trustees and the Clerk-Treasurer

Q. Is the records policy approved by the Library Board of Trustees or the Library Records Commission?

A. The records policy is approved by the Library Board of Trustees, not the library’s Records Commission. The records retention schedule, one-time disposal of records, etc. is done by the Records Commission, not by the Board of Trustees.

Public Records Q & A - continuedQ. What about books that are donated to the library? Must we put

them on a disposal schedule?

A. Materials donated to the library are public property and not public records. Disposal of those items are done differently and separately from public records.

Q. Have you seen the ALA Open Records model and what do you think about it?

A. I have not looked at it in depth, but I think that this model deals primarily with how a library handles law enforcement and patron records. The legislation (HB 9) that we are implementing now recognizes that patron records are exempt from the Public Records Act.

Q. Please reiterate that staff phone numbers and addresses are not public records.

A. As the result of an Ohio Supreme Court decision, public employee addresses and phone numbers are not public records. Employee names, salaries, and most other personnel information ARE public record.

Public Records Q & A - continuedQ. Do all records listed for disposal on our retention schedule require

a RC–3 form to be completed and reviewed before we can dispose of them?

A. Public libraries are required to establish approved records retention and disposal schedule. Items on that schedule that are records that would be disposed of electronically periodically (daily, monthly, etc.), should be marked “No RC-3” on the schedule. Records with the retention schedule notation “until no longer of administrative value” should also be marked “No RC-3.” Any other records with an established disposal date on the records retention schedule may also be marked “No RC-3”. The Ohio Historical Society (OHS) will review those in their 60-day review period. If they are interested in reviewing those records prior to disposal, they will notify the library that they will need to complete an RC-3 before disposing of that record.

The library may combine all of the items on the Records Retention Schedule not marked “No RC-3” and send in one RC-3 for combined list to be disposed. If the library has not heard from the OHS within 15 days, the library is free to dispose of those items. By submitting the RC-3 the library is documenting that it is following its Records Retention Schedule.