Springfield Township Public Records Policy
Download Public Records Request Form
I.General Policy Statement
Springfield Township is committed to providing interested persons
with public records upon request.All public records responsive to a public records request shall be
promptly prepared and made available for inspection to any person at all
reasonable times during regular business hours or, upon request, shall be
copied and provided to the requester at cost in a reasonable period of time.
Springfield Township will not permit persons who are incarcerated pursuant
to a criminal conviction or juvenile adjudication to inspect or to obtain a
copy of any public record concerning a criminal investigation or prosecution or
concerning what would be a criminal investigation or prosecution if the subject
of the investigation or prosecution were an adult except as required by Section
149.43 B)(8) of the Ohio Revised Code.
II.Organization of
Public Records and Current Records Retention Schedule
To facilitate broader access to public records, Springfield
Township shall organize and maintain its public records so that they can be
made available for inspection or copying.Springfield Township shall also have a copy of its current records
retention schedule readily available to the public at its administrative
offices.
III.Determination of Regular Business Hours Although certain of Springfield Township’s operations are continuous, the regular business hours of the Township for purposes of public records inspection shall be 8:00 a.m. to 5:00 p.m., Monday through Friday (with the exception of published holidays).
IV.Initiation of a Public
Records Request
Public records requests should be presented to the Township
Administrator, his assistant or designee, orally or in writing at the Township
Administrative Offices located at 9150 Winton Road, Cincinnati, Ohio45231, by telephone to (513) 522-1410,
or by facsimile transmission to (513) 729-0818.
In order to enhance the Township’s ability to identify, locate, or
deliver the public records sought by the requester, Springfield Township will
request that all persons making public records requests complete a Public
Records Request form.The
completion of this form is completely voluntary, and no public records request
will be denied as a result of a requester’s refusal to complete the form.
V.Response Timeframe
1.Review of Routine Requests
Routine
requests include, but are not limited to, requests for documents such as meeting
minutes, ordinances, resolutions, budgets, salary information, forms, and
personnel database.Except in
unusual circumstances, routine requests for records should be satisfied
immediately if feasible to do so.
2.Review of Routine Requests by the Springfield
Township Police Chief or his Designee
Public records requests involving routine police reports such as Ohio
Uniform Incident Reports, Shift Incident Logs, Crash Reports (OH-1), Form 527s,
and Multiple Uniform Traffic Tickets shall be immediately forwarded to the
Police Chief or his designee.
The
Police Chief or his designee shall evaluate all requests forwarded to him to
determine the extent of the request.If the request is extensive, involves an on-going
traffic or criminal investigation, is filed by the defendant in a criminal
case, or otherwise requires legal review, the Chief of Police or his designee
shall immediately forward the request to the Law Director for review.Otherwise, the Chief of Police or his
designee shall review the request determine
if the records requested are public records and whether any records deemed
public contain information that is exempt from the duty to permit public
inspection or copying.
In the event that the Police Chief or his designee determines that
a public record contains information that is exempt from the duty to permit
public inspection or copying, the Police Chief of his designee shall make
available all of the information within the public record that is not exempt.In addition, the Police Chief or his
designee shall notify the requester of any redaction or make the redaction
plainly visible.
3. Review of Routine Requests by the Springfield
Township Fire Chief or his Designee.
Public records requests involving routine fire reports such as Division
of EMS Reports (if the person requesting the report is the patient or the
patient’s attorney or representative.In the case of an attorney or representative request, a notarized
release for those records executed by the patient must accompany the request),
Inspection Reports, and Fire Incident Reports shall be immediately forwarded to
the Fire Chief or his designee.
The Fire
Chief or his designee shall evaluate all requests forwarded to him to determine
the extent of the request.If the request is extensive, involves an on-going fire investigation, is
filed by the defendant in a criminal case, or otherwise requires legal review,
the Fire Chief or his designee shall immediately forward the request to the Law
Director for review.Otherwise,
the Fire Chief or his designee shall review the request determine if the records requested are public
records and whether any records deemed public contain information that is
exempt from the duty to permit public inspection or copying.
In the event that the Fire Chief or his designee determines that a
public record contains information that is exempt from the duty to permit public
inspection or copying, the Fire Chief of his designee shall make available all
of the information within the public record that is not exempt.In addition, the Fire Chief or his
designee shall notify the requester of any redaction or make the redaction
plainly visible.
4.Review of Requests by the Springfield Township Law
Director
Requests
for the production or inspection of documents which are not routine requests (including,
but not limited to, requests seeking a voluminous number of copies or requiring
extensive research) shall be immediately forwarded to the Springfield Township Law
Director for review and determination.The Law Director shall evaluate all requests forwarded to her to
determine the estimated length of time required to gather and review the
records.In the event that the
records request cannot be satisfied in three business days following the Township’s
receipt of the request, the Law Director may contact the person making the
request to acknowledge the request.It is the goal of Springfield Township that requests which cannot be
fulfilled in 3 or fewer days be acknowledged in writing.
In reviewing the request, the Law Director shall determine if the
records requested are public records and whether any records deemed public contain
information that is exempt from the duty to permit public inspection or
copying.
In the event that the Law Director determines that a public record
contains information that is exempt from the duty to permit public inspection
or copying, the Law Director shall make available all of the information
within the public record that is not exempt. In addition, the Law Director shall notify the requester of
any redaction or make the redaction plainly visible.
VI.Inspection of
Public Records
Public
records are to be available for inspection during regular business hours, with
the exception of published holidays. Public records must be made available for
inspection promptly.The
determination of what is “prompt” shall take into account the volume of records
requested; the proximity of the location where the records are stored; and the
necessity for any legal review and redaction of the records requested.
In order to ensure the integrity of its public records,
Springfield Township will assign an employee to be present at all times during
the inspection of its records.The
employee will be present to ensure that the records are not damaged or removed
and will not otherwise interfere with the requester’s access to and/or review
of the records.Additionally, the employee
present will not be permitted to interpret or explain any records or to gather any
additional records requested beyond the original public records request.
VII.Provision of
Copies of Public Records
Upon
request, Springfield Township will provide copies of public records.Copies of public records must be made
available within a reasonable period of time.The determination of what is a “reasonable period of time”
shall take into account the volume of records requested; the proximity of the
location where the records are stored; and the necessity for any legal review and
redaction of the records requested.
In
responding to Public Records Requests, Springfield Township does not have an
obligation to create new records or perform new analysis of existing
information.An electronic record
is deemed to exist so long as a computer is already programmed to produce the
record through simple sorting, filtering, or querying.Although not required by law,
Springfield Township may accommodate the requestor by generating new records
when it makes sense and is practical under the circumstances.
Requesters
may choose to have the public record duplicated upon paper, upon the same
medium upon which it was kept by Springfield Township, or upon any other medium
upon which Springfield Township determines that it reasonably can be duplicated
as an integral part of the normal operation of the Township’s business.
VIII.Cost of Copies
of Public Records
Public
records shall be provided at actual cost.
In an effort
to ensure that all persons are able to obtain public records, Springfield
Township permits the duplication of up to five (5) letter or legal-sized paper pages
of such records at no cost. Any
person requesting the duplication of more than five (5) such pages, or making
multiple requests totaling more than five (5) pages in one calendar year, will
be charged five cents (5¢) per page for all pages beyond the initial five (5)
pages.
Persons
requesting copies of Crash Reports (OH-1) for crashes in which they were
involved, Ohio Uniform Incident Reports for incidents or offenses involving
themselves or their property, or Division of EMS Reports in which they were the
patient will not be charged any duplication fee for copies of these routine
reports.If copies of additional
records are requested and provided, the costs for those additional records
shall be in accordance with the standard duplication costs set forth in this
Section.
The
actual cost of copies of public records produced on computer disc shall be one
dollar ($1.00).The actual cost of
copies of public records produced on audiotape and/or videotapes reproduced by
the Township shall be the cost of the audiotape or videotape and the
reproduction costs, if any.
If the records requested cannot be copied or
reproduced on letter or legal-sized paper, or are photographs, audiotapes or
videotapes, Springfield Township may have the records reproduced by a third
party.Persons requesting the
duplication of such records will be charged the actual cost of duplication as
determined by the third party chosen by Springfield Township.
IX.Approval and Payment of Duplication Costs All duplicating costs of public records other than letter or legal-sized paper documents must be approved, accepted, and paid by the requester in advance of the duplication of the records. All duplicating costs of public records must be paid by requester in advance of those records being delivered, transmitted, or provided to the requester or any person on the requester’s behalf.
X.Forwarding and
Transmitting Copies of Public Records
Upon
request, Springfield Township will transmit copies of public records by United
States Mail or by such other delivery service as arranged or requested by the
requester.Springfield Township will
not transmit or deliver copies until such time as it has received payment for
the entire cost of the copies as well as the cost of transmitting the copies
(postage and mailing supplies).
Except
for public records requests which contain five (5) or less letter-sized paper
documents, Springfield Township will not transmit copies of public records via
facsimile transmission.Springfield
Township will not transmit public records via e-mail.
XI.Denial
of Public Records Request
Springfield
Township will deny public records requests when it determines that the records
requested are not public records.Springfield
Township will also deny public records requests that are ambiguous or overly broad such that the Township cannot
reasonably identify what public records are being requested.In such cases, Springfield Township
will provide the requester with an opportunity to revise
the request by informing the requester of the manner in which records are
maintained by Springfield Township and accessed in the ordinary course of the Township’s
duties.
XII.Notification of Denial of Public Records Request If a request is ultimately denied, in part or in whole, Springfield Township shall provide the requester with an explanation, including legal authority, setting forth why the request was denied. If the initial request was provided in writing, the explanation also shall be provided to the requester in writing.
XIII.Posting of Public Records PolicyA copy of this Policy shall be received and acknowledged by the Township Administrator, the Township Assistant Administrator, the Human Resources Coordinator, the Township Receptionist, and such other personnel as may be periodically designated to coordinate public records requests.A copy of this Policy shall be included in the general policy and procedure manual of the Township and shall be posted in poster size in a conspicuous place in the Township Administrative and other offices.
