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Legal Topics - Public Records
OSU Public Records Policy
The Ohio State University is a public institution subject to Ohio's Public Records Statute and therefore it is Ohio law that applies to requests for our public records. While Ohio law does not state when records are to be provided, the statute requires that we provide copies of existing records that are requested with reasonable specificity, within a reasonable period of time.
FAQ'S
- What is a "public record"?
- What types of documents at the University can be considered a public record?
- Is all information that is contained in a record for public consumption?
- Can an individual inspect a public record in person?
- Are there fees for retrieving and copying records?
- What if my office or department receives a public records request?
- How do I respond to a public records request?
- Where can an individual make a public records request to the university?
A public record means any records kept by any public office, except those records that are otherwise identified as exempt under the Ohio Public Records Act or the release of which is prohibited by state or federal law.
Ohio Revised Code § 149.011(G):
As used in this chapter, "records" include [1] any document, device, or item, regardless of physical form or characteristic; [2] created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions; [3] which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office.
What types of documents at the University can be considered a public record?
Public records include, but are not limited to, personnel files; salary and compensation information; search records of personnel; meeting minutes; documents created and provided to parties outside the university, such as contracts and textbook lists for the upcoming quarter; and certain correspondence, in whatever medium or format including email, which documents University operations.
Is all information that is contained in a record disclosable?
Not all information contained in a record (or for that matter the record itself) is subject to release under the public records law. For example, Social Security numbers should always be removed from a document before it is released. Moreover, certain personally identifiable information of enrolled students and records containing intellectual property or trade secrets are not to be released.
Can an individual inspect a public record in person?
Yes. An individual may inspect records at a mutually convenient time arranged during business hours. However, if the person also would like copies of records and such records cannot be readily copied due to the volume or the need to remove certain information , you may have the requestor return at a later date to collect copies or make arrangements for copies to be mailed to the requestor.
Are there fees for retrieving and copying records?
The law allows us to require prepayment of costs associated with producing copies, including copying and mailing expenses. Generally, the University may charge only its actual cost of producing copies of the records.
What if my office or department receives a public records request?
As a public office, the University is required to provide records to a requestor within a reasonable period of time. All efforts should be made to comply with the individual's request within this timeframe. Sometimes, however, the request may be so broad and ambiguous that the request cannot be fulfilled. While an individual is not required to submit a request in writing to inspect or receive a copy of a public record, the university encourages the requestor to submit a written request as an effort to minimize any confusion and to prevent any misunderstanding on either part as to the records the requestor is seeking.
How do I respond to a public records request?
If you are unsure of whether the records sought are public records or may contain information that is exempt under the law (e.g., student information, trade secret, medical information), then contact Jan Alan Neiger in the Office of Legal Affairs. The law allows for legal review of a request before providing a response.
Where can an individual make a public records request to the university?
If you are a member of the media seeking records, then please submit your request to the Office of University Relations, Rm. 08 C Bricker Hall, 190 N. Oval Mall, Columbus, Ohio, 43210. See http://www.relations.osu.edu/media_rel.php.
All other members of the public should submit their requests to the administrative or college office, if known, having custody of the records.
Resources and Links
The Ohio Public Records Statute is codified in Ohio Revised Code 149.43, and can be found on line at: http://codes.ohio.gov/orc/149.43
The Office of the Ohio Attorney General publishes a handbook entitled "Ohio Sunshine Laws Update," which can be found on the Attorney General's website at: http://www.ag.state.oh.us/legal/pubs/2006_sunshine_law_book.pdf
