Public Records 

Open Records Mission Statement

Consistent with the premise that government at all levels exists first and foremost to serve the interests of the people, it is our mission and intent to at all times fully comply with and abide by both the spirit and the letter of Ohio’s Public Records Act and Open Meetings Act.

In order to accomplish the mission of fully complying with both the letter and spirit of the Public Records and Open Meetings Acts, Union Township hereby incorporates the following Statement of Principles as the foundation for its Public Record Policy Handbook:

Statement of Principles

Union Township:

• Will enact a formal resolution memorializing the Mission Statement; 
• Will ensure that appropriate personnel become and remain fully trained in and aware of the provisions of the acts;
• Will do nothing that abridges the public’s right to obtain information about their government or that inhibits or discourages citizens from doing so;
• Will do everything possible to aid those who are seeking information, including but not limited to, fully explaining the scope and operation of the acts and assisting citizens in the formulation of requests;
• Will construe the provisions of the acts in a manner that favors compliance with requests for information;
• Will seek guidance from the legal counsel whenever a question arises about the application of the acts or about the appropriateness of a request for information;
• Will clearly and concisely state the reason or reasons why a request for information has been denied.

Introduction

It is the policy of the Union Township Board of Trustees that openness leads to a better-informed citizenry, which leads to better government and better public policy. It is the policy of Union Township Board of Trustees to adhere to the state’s Public Records Act.  Any denial of public records in response to a valid request will be accompanied by an explanation, including legal authority, as outlined in the Ohio Revised Code.  If the request is in writing, the explanation will also be in writing.  Union Township reserves the right to amend this Policy Handbook from time to time, as required, to keep pace with revisions to the Ohio Public Records Law.

Article I. Definitions & General Administrative Requirements

Section 1.01 Definition of Public Record

Union Township, Clermont County, Ohio, in accordance with the Ohio Revised Code, defines the term “PUBLIC RECORD” as including the following: Any document – paper, electronic (including, but not limited to, e-mail), or other format – that is created or received by, or comes under the jurisdiction of a public office that documents the organization, functions, policies, decisions, procedures, operations, or other activities of Union Township agencies.  All records of Union Township are public unless they are otherwise specifically exempt from disclosure, as enumerated within the Ohio Revised Code.

Section 1.02 Records Retention & Organization

It is the policy of Union Township that all records subject to disclosure, including email, as required by Ohio law, will be organized and maintained so that they are readily available for inspection and copying. Record retention schedules are to be updated regularly and shall be posted within the administrative offices of all Union Township agencies.

Section 1.03 Records Custodian Designation

Upon the adoption and effective date of this Policy, the Union Township Fiscal Officer shall be the designated “Records Custodian” for Union Township, Clermont County, Ohio.  Notwithstanding this designation, each Township Department shall remain responsible for fielding, coordinating, and/or managing responses to requests for public records, under the direction of the Township Fiscal Officer in his/her official capacity as the Records Custodian for Union Township, Clermont County, Ohio.  

Article II. Processing Requests for Public Records

Each request for public records should be evaluated for a response using the following guidelines established within this section of the Union Township Public Records Policy Handbook.  All requests shall be forwarded to the Union Township Fiscal Officer, or shall be otherwise documented and maintained by the agency within the Township responsible for fulfillment of the request.  

Section 2.01 Identification of Public Records Requested

Although no specific language is required to make a request, the requester must at least identify the records requested with sufficient clarity to allow the designated employee(s) or agents of Union Township to identify, retrieve, and review the records. If it is not clear what records are being sought, the Township will contact the requester for clarification, and will assist the requestor in revising the request by informing the requestor of the manner in which the Township keeps its records.

Section 2.02 Transmittal of Request to Agency - No Identification Required

The requester shall not be required to put a records request in writing, and shall not be required to provide his or her identity or the intended use of the requested public record.   However, in certain instances, individuals requesting public records may voluntarily provide his/her identity and/or contact information in order to assist Union Township staff in complying with the public records request.

Section 2.03 Inspection & Processing of Records Request

Public records shall be made available for inspection during regular business hours at the offices of Union Township, with the exception of published holidays. Public records shall be made available for inspection promptly. 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; and the necessity for any legal review of the records requested.

Section 2.04 Responding to Public Records Requests

Each request for public records will be evaluated for an estimated length of time required to gather the records requested. Routine requests for records will be satisfied immediately, if feasible. Routine requests include, but are not limited to, meeting minutes, budgets, salary information, forms and applications, personnel rosters, etc.   If fewer than 20 pages of copies are requested or if the records are readily available in an electronic format that can be readily e-mailed, electronically copied, or downloaded easily by the requester, the aforementioned files, copies, or data will be made as quickly as Township technology allows.

All requests for public records to Union Township will be satisfied or be acknowledged in writing by the Township within three (3) business days following the receipt of the request.   If the Township will charge for production of the responsive records, the estimated cost of the production shall be provided to the requester in the acknowledgment.  For any request that is not denied, the Township will produce responsive records within a reasonable period of time. 

Section 2.05 Denial or Redaction of Public Records

Any denial of public records requested will include an explanation, including legal authority for such denial. If portions of a record are public and portions are exempt as established within the Ohio Revised Code, the exempt portions will be redacted and the remainder of the document released to the requesting party.  If there are redactions (which serve as a denial of that portion of a request), the Township shall clearly mark the redaction and provide the reason and legal authority for the redaction.   In every instance, Union Township staff shall seek an opinion from the Union Township Law Director prior to finalizing any redaction to any requested records, or prior to denying a request for public records.  

Article III. Transmittal & Recovery of Costs

Section 3.01 Costs for Public Records - General Procedures

Those seeking public records will be charged only the actual cost of making copies incurred by Union Township in the process of fulfilling a specific public records request.  An invoice outlining the actual costs incurred for each item shall be prepared for the requester.  Union Township staff shall issue a receipt of payment for the requested public records to the requester. Requested records will not be released until such time that payment is received for such request in full from the requester.  

Section 3.02 Paper Copies

• The charge for 8.5”x 11” paper copies shall be $0.10 per page
• The charge for 8.5”x 14” paper copies shall be $0.10 per page
• The charge for 11”x 17” paper copies shall be $0.15 per page
• The charge for oversize plans, prints, or other documents shall be $5.00 per sheet
• The charge for outsourced plans, prints or other documents shall be the actual costs incurred by the Township as invoiced by the designated third-party vendor 

Section 3.03 Electronic Copies, Audio Recordings, & Digital Media

• The charge for downloaded computer files to a compact disc shall be $2.00 per disc
• The charge for DVD recordings of public meetings shall be $5.00 per disc
• The charge for audio cassette recordings of public meetings shall be $2.00 per cassette tape
• The charges for video records requested from the Union Township Police Department shall be as set forth within Section 3.04 of this Policy

Section 3.04 Law Enforcement Video Records: Fees and Processing

Union Township, in conjunction with its Police Department, records and maintains law enforcement video records in the administration and furtherance of legitimate law enforcement activities within the Township. This includes, but is not limited to, body worn camera footage, cruiser dash camera footage, mobile or stationary video surveillance footage, or other similar video footage that is recorded and maintained by the Township and its Police Department.  

Consistent with the Public Records Act and notwithstanding other provisions of the Ohio Revised Code, the Township shall charge an individual or entity that requests law enforcement video records for the actual cost associated with the Township’s preparation of a law enforcement video record for inspection or production.  The actual cost to the Township of preparing each law enforcement video record for inspection or production, which includes reviewing, blurring or otherwise obscuring, redacting, uploading, and producing the law enforcement video records, and also includes the storage medium on which the record is produced, Township staff time, and other relevant overhead costs necessary to comply with the request, is $55.00 per hour.  This actual cost to the Township shall be assessed to the requester for the time taken to prepare each law enforcement video record for inspection or production, not to exceed $750.00 in total. 

When the Township receives a request for law enforcement video records, the Township’s Police Department shall provide the requester with the estimated actual costs of fulfilling the request for law enforcement video records, in writing, within five (5) business days of receipt of the public-records request. The written response that includes the estimated actual costs may be sent either via email or regular mail, depending upon the manner in which the original request was received.  If the original request was not received in writing either via email or written letter with a return address specified, the Township’s Police Department shall utilize the method of contact utilized by the requester to advise them of the estimated actual cost (e.g. phone, text, in-person, etc.) only after making reasonable attempts to obtain a suitable and preferred method to transmit the estimated costs in writing, as specified by the requester. 

The Township’s Police Department shall require the requester pay the estimated actual cost before beginning the process of preparing a video record for inspection or production.  The Township’s Police Department’s obligation to prepare a law enforcement video record for inspection or production shall commence only after the estimated actual cost is paid in full by the requester.  The requester may make payment of the estimated actual cost by check, cash, credit card (in person), or money order.

In the event that the actual cost to prepare the requested law enforcement video records for inspection or production exceeds the estimated cost provided to the requester by the Township’s Police Department, the Township’s Police Department shall charge the requestor for the difference between the estimated cost and actual costs upon fulfilling the request for video records, subject to the following conditions:

1. The Township’s Police Department advised the requester, in writing, that the actual costs exceed the estimated costs prior to (in advance of) fulfillment; and,
2. When the actual costs exceed the estimated costs, the actual cost charged to the requester shall not exceed twenty (20%) percent more than the estimated cost, as provided to the requester.  

The Township’s Police Department shall not charge the actual cost for the preparation of law enforcement video records for inspection or production for law enforcement video records requested by the following individuals, persons, or entities:

1. The victim, or potential victim, of a crime where a police report has been filed;
2. The immediate family members of the victim, or potential victim, of a crime requesting video on behalf of said victim, where a police report has been filed; 
3. A parent or legal guardian of a juvenile minor victim, or potential victim, of a crime where a police report has been filed; 
4. An attorney representing a victim, or potential victim of a crime, where documentation is provided evidencing an established attorney-client relationship and where a police report has been filed;
5. A person having durable or limited Power of Attorney (POA) on behalf of a victim, or potential victim, of a crime, provided that a police report has been filed and provided that proper documentation can be furnished evidencing the same;
6. A person requesting the video record on behalf of any state, federal, or local government agency or any state, federal, or local law enforcement agency, for any lawful government purpose, including the administration of any lawful administrative or law enforcement activities; 
7. A person requesting the video record on behalf of any public school or any private school or institution recognized, operating, and licensed as such in the State of Ohio.  

The Township’s Police Department shall be authorized to seek communications, documentation, or other records from requesting parties in the event that an actual-cost exemption is sought, evidencing that a requester is eligible for an exemption from law enforcement video record costs, as detailed herein.  

Section 3.05 Electronic Transmittal of Documents

There shall be no charge for documents e-mailed to the requester or for files transferred to a requester via “FTP” site (file transfer protocol).  If a requestor requests documents in electronic format, the files shall be provided in that manner.  

Section 3.06 Transmittal via Regular Mail or Courier Service

Requesters may ask that documents be mailed to them or delivered to them via courier service. Requesters shall be charged the actual cost of the postage and mailing supplies, or the actual cost of effecting delivery via the designated courier service.  

Article IV. Electronic Message (Email) Records

Documents in electronic mail format may be public records as defined by the Ohio Revised Code when their content relates to the business of the office. Email is to be treated in the same fashion as records in other formats and should follow the same retention schedules as other public records.  

Section 4.01 Email Records - General Provisions

Records in private email accounts used to conduct public business are subject to disclosure, and all employees or representatives of this office are instructed to retain their emails that relate to public business in accordance with Article I of this document.  Records in private email accounts shall be periodically copied to their business email accounts and/or to designated email archives as determined by the designated records custodian.

Section 4.02 Retention of Email Records

The records custodian of each Union Township agency shall treat the emails referenced in Section 4.01 of this Article as records of the public office, filing them in the appropriate way, retaining them per established schedules and making them available for inspection and copying in accordance with the Public Records Act, as amended.

Article V. Administration & Enforcement

Section 5.01 Remedies for Failure to Comply

Any employee of Union Township, including the designated Records Custodian for each Union Township agency, who willfully fails to fulfill a public records request by failing to follow the instructions of the appointed Records Custodian or who fails to observe the policies and procedures adopted within this document may be subject to disciplinary action as established within the Personnel Policy Manual of Union Township, Clermont County, Ohio (Amended June 11, 2024). 

Download a full copy of the Public Records Policy and Retention Schedule here.