Dayton Metro Library Public Records Request, Retention and Disposition Policy

Policy Statement

It is the policy of the Dayton Metro Library to adhere to Ohio’s Public Records Act. The Dayton Metro Library will prepare for prompt inspection of its public records in response to requests. Upon request, the Dayton Metro Library will provide copies of public records within a reasonable time period. It is also the policy of the Dayton Metro Library to establish procedures and schedules for the review and disposal of public records.

Regulations

1. In accordance with Ohio Revised Code Section 149.351 and applicable judicial decisions, records are defined as any item that (i) contains information stored on a fixed medium (such as paper, electronic–including but not limited to email–and other formats); (ii) is created or received by, or sent under the jurisdiction of a public office and (iii) documents the organization, functions, policies, decisions, procedures, operations or other activities of the office.
2. Public records are open to the public unless they are specifically exempt from disclosure under Ohio Revised Code Section 149.432 covering library patron records, under Ohio Revised Code Section 149.433 covering security and infrastructure records, or other records explicitly exempt in Ohio Revised Code Section 149.43.
3. A records commission will administer proper retention and disposition of public records under provision pursuant to Ohio Revised Code Sections 121.22 and 149.411.

Procedures

Record Requests

1. An individual making a public record request is under no obligation to put the request in writing and does not have to provide his or her identity or the intended use of the requested public record.
2. No specific language is required to make a request. However, the requester must identify the records requested with sufficient clarity to allow the Library to identify, retrieve, and review the records.
3. If it is not clear what records are being sought, the Library may request clarification. Library staff should assist the requester in revising the request by informing the requester of the manner in which the Library keeps its records.

Record Availability

1. As required by Ohio law public records will be organized and maintained so that they are readily available for inspection and copying.
2. Public records responsive to a request will be promptly prepared and made available for inspection to any person at reasonable times during regular business hours. Copies of public records will 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; the necessity for any legal review of the records requested and the effort required to redact confidential information.
3. If a request is deemed significantly beyond "routine," such as seeking a voluminous number of copies, requiring extensive research, or requiring redaction of confidential information, a good faith effort will be made to provide the requester with the following:
   • An estimated number of business days it will take to satisfy the request.
   • An estimated cost if copies are requested.
   • Any items within the request that may be exempt from disclosure.

Denials/Redactions

1. Any denial of a public record request will include an explanation, including legal authority.
2. If portions of the requested record are public and portions are exempt, the exempt portions will be redacted and the rest released. When portions of the requested public record are redacted, each redaction will be made plainly visible.

Email

Records in private email accounts used to conduct public business are subject to disclosure and all employees or representatives of the Library are instructed to retain emails that relate to public business.

Costs for Public Records

1. Copies of requested public records will be made available at cost.
2. Payment for copied records is due upon delivery.
3. When public records are mailed, the requester will be charged the actual cost of the postage and mailing supplies.
4. The Library may choose to defer action to prepare copies of documents for record requests if the requester has repeatedly failed to collect copies created as a result of prior public requests or to pay for those requested copies.

Library Records Commission

1. Dayton Metro Library will create and maintain a records commission composed of the Members and the Clerk/Treasurer of the Board of Trustees per Ohio Revised Code Section 149.411.
2. The Records Commission will meet at least once every twelve (12) months coinciding with the October regular meeting of the Board.
3. The functions of the Records Commission are to review applications for one-time disposal of obsolete records, and schedules of records retention and disposal submitted by any employee of the Library.
4. The Records Commission will insure record retention schedules are updated regularly and are made readily available to the public.

Records Disposal Procedures

1. No record may be disposed of when subject to or likely to be subject to current or pending litigation, claim or proceeding.
2. When the Dayton Metro Library Records Commission has approved a Library application for one-time disposal of obsolete records or a schedule of records retention and disposition, the commission must send that application or schedule to the Ohio Historical Society (OHS) for review.
3. OHS will review the application within sixty (60) calendar days after receipt. Upon completion of its review OHS will forward the application for one-time disposal of obsolete records or the schedule of records retention and disposition to the Auditor of State for the Auditor’s approval or disapproval.
4. The Auditor must approve or deny the application or schedule within sixty (60) calendar days after receipt.
5. Records considered transitory in nature with durations listed as "Until no longer of administrative value" may be disposed without certification notice to the Ohio Historical Society. Such record series are noted on the OHS approved Record Retention schedule as "No RC-3." Record series with defined durations may be disposed without certification notice to the Ohio Historical society but will be logged internally at the time of disposal using the DML Record Disposition form. Upon completion, the original form will be forwarded to the Executive Director/ Clerk/Treasurer of the Board of Trustees. A copy of the form will be retained at the originating office.
6. Before eligible public records are to be disposed, the Dayton Metro Library Records Commission must inform the Ohio Historical Society of the disposal through the submission of a certificate of records disposal and must give OHS the opportunity for a period of fifteen (15) business days to select for its custody those public records that it considers to be of continuing historical value.
7. Disposition schedules noted as “until audited” and “provided audited” denotes audits performed by the Auditor of the State or other contracted independent auditors.
8. The Ohio Historical Society may not review or select for its custody any records pursuant to Ohio Revised Code Section 149.432 providing confidentiality of library records and patron information.
9. Records of possible historic value will be offered to the Library’s Magazine and Special Collections Division in lieu of destruction, and if accepted will be accessed, used and disposed as determined by the policies and procedures of the Magazine and Special Collections Division.
10. Records approved for disposal will be shredded, boxed or bailed for recycling. All bound books or records unable to be shredded will be burned at a county incinerator or otherwise disposed of as approved by the Executive Director.
11. Unless otherwise noted, retention schedules apply to original documents only. Copies or duplicates may be disposed when determined to be no longer of administrative value.

Approved by the Board of Trustees: November 21, 2007