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City of Norwalk,
Ohio
PUBLIC RECORDS POLICY
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Public Records
Request Form for download |
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I. |
PURPOSE |
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The purpose of the Public
Records Policy of the City of Norwalk, Ohio is to implement the policy
that public records are the
people’s records. The City is simply the custodian of those
records. It is the stated public records policy of the City of
Norwalk to promptly respond to all requests for public records, to make
available for inspection all responsive records within a reasonable
period of time during normal business hours, and to otherwise fully
comply with the Ohio Public Records Act. |
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II. |
SCOPE |
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This policy is applicable to
all public records held by the City of Norwalk, Ohio, and any of its
offices and departments. All public records shall be maintained
and organized in a manner that makes them readily available for
inspection and copying, subject to record retention schedules. |
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III. |
DEFINITIONS |
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For the purposes of this Policy, the following words or
phrases have the meanings indicated: |
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A. |
City means the City of Norwalk, Ohio, and its offices and
departments. |
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B. |
Public Records mean records kept by the City which serve to document the
organization, functions, policies, decision procedures, operations or other
activities of the City, regardless of the form or medium in or upon which the
records is received, created or stored. “Public records” do not include those
records excluded from the definition of “public record” pursuant to Revised Code
Section 149.43(A)(1). |
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C. |
Business Hours means 08:00 am to 04:30 pm Monday through Friday but does
not include holidays or others days on which City offices are closed and the
City does not conduct business. |
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IV. |
Requests |
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Requests for public records may be made at the following locations
for the records related to that department: |
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1. |
Police: Norwalk Police Department, 37 N.
Linwood, Norwalk, Ohio 44857, fax – (419) 668-0345 |
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2. |
Fire: 42 Whittlesey Avenue, Norwalk, Ohio 44857, fax –
(419) 668-2870 |
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3. |
Law Department: 38 Whittlesey Avenue, Second
Floor, fax – (419) 660-9876, legalasst@accnorwalk.com |
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4. |
All Other: Norwalk City Hall, 38 Whittlesey
Avenue, fax – (419) 663-6788, cityofnorwalk@accnorwalk.com |
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Requests for
public records shall be evaluated on an individual basis upon the following
guidelines. No specific language is required to make a request. However, the
requestor must at least supply sufficient information with sufficient clarity to
allow the City to 1) understand that a request has been made, and 2) identify,
retrieve and review the requested records.While requests
for public records do not have to be in writing and the requestor does not have
to disclose his or her identity, address or intended use of the documents,
requests for public records should normally be made upon the “Public Record
Request Form” available at the locations listed above. The use of the
Public Records Request Form is designed to benefit the requestor by enhancing
the City’s ability to identify, locate and deliver the records sought by the
requestor. However, use of the Public Records Request Form is not mandatory. A
requestor may decline to utilize the Public Records Request Form and may make
the request orally, otherwise in writing or electronically. If the Public
Records Request Form is used, the requestor may decline to provide the
requestor’s identity or the intended use of the requested documents.
Requests may be
made in person, in writing, by fax or by e-mail and may be made anonymously.
However, subject to the limitations set forth below, requests for records which
request that the records be returned by means other than in person directly to
the requestor must supply sufficient information in order that compliance with
the response may be made. Written requests are not mandatory but they may aid
the City in responding to the request and providing the requested documents in a
more timely fashion.
If the City
receives a request for public records which is ambiguous or overly broad, or in
which the requestor has difficulty making the request, the City shall provide
the requestor with the opportunity of revising the request and shall inform the
requestor of the manner in which public records are maintained by the office and
ordinarily accessed.
The City may
inquire as to the requestor’s name, address and intended use of the requested
public records, but only insofar as is necessary to comply with the request to
mail or otherwise provide the records or to aid the requestor in clarifying or
formulating the request. Such inquiry may be made only after the requestor has
been advised that providing such information is not mandatory and that the
requestor may decline to provide the same.
Requested
records will normally be provided in the form and medium in which they are
maintained by the City, i.e. paper, electronic. The requestor may choose to
have the public record reproduced upon the same medium in which it is kept by
the City or on paper if the records can be reasonably duplicated. Public records
may be available upon other mediums upon which the record can be reasonable
duplicated. Reasonably duplicated means as a part of the normal operations of
the office which maintains the records.
Requests for
public records received from persons incarcerated pursuant to a criminal
conviction or a juvenile adjudication must be accompanied by written permission
from the court or judge who sentenced the requestor.
Requests for
copies of public records to be sent through the mail are limited to 10 requests
per month, unless the requestor certifies in writing that the requestor does not
intend to use or forward the record or records for commercial purposes.
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V. |
Costs |
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Photocopies (paper) of public
records will be provided at no charge for the first 50 photocopy pages.
Thereafter, public records will be provided at the rate of 5 cents per
photocopy page. Records maintained electronically will be provided
on an appropriate medium as follows:
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CD |
$1.00 per disk |
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DVD |
$2.00 per disk |
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Cassette |
$1.00 per tape |
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Requests
accompanied by blank Tapes, CDs or DVDs will be provided at no charge.Mailing costs
will be assessed at actual cost to the City.
All costs
associated with providing copies of public records must be paid in advance
before the copies will be released.
There is no
charge to inspect public records at the specific City buildings listed above.
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| VI. |
Response Time |
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The City shall respond to each request for public records
promptly and
within a reasonable period of time. “Prompt” and “reasonable” take into account
the character of the request including, but not limited to such factors as the
volume of records requested, the time of day and week the request is received,
the proximity of the location where the records are stored, the type of request
(inspection or copies), the medium upon which the records are retained, and the
need for legal review of the requested records. The City will
respond to requests to only view public records in accordance with the above
policy, making the requested public records available for inspection at the City
locations listed above during regular business hours, only.
Requests for
routine records shall be responded to immediately, if feasible to do so subject
to normal business hours and capacity of equipment. All requests shall be
acknowledged in writing within three business days following receipt. If the
request is voluminous or will require response or will require legal review, the
acknowledgment shall include the estimated number of business days it will take
to respond to the request and an estimated cost of copies, if requested.
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| VII. |
Denial |
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If a request for public records is not fulfilled, the requestor
shall be informed of the reason therefore which may include, but not be limited
to, the requested document does not exist, no document meets the parameters of
the request, the item requested is not a public record as defined by law, the
requested documents or parts thereof are exempt from release as a matter of law.
In the event a request or any part thereof is denied the requestor shall be
provided an
explanation for the denial including the legal authority therefore. |
| VIII. |
Failure to Respond |
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The City recognizes the legal and non-legal
consequences of failure to properly respond to a public records request. These
include, but are not limited to court ordered compliance together with an award
of attorney fees, costs and damages. |
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Adopted:
September 24, 2007 |
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