| Introduction:
It is the policy of the Summit County Probate
Court that openness leads to a better informed citizenry,
which leads to better government and better public policy.
It is the policy of the Summit County Probate Court to adhere
to the state's Public Records Act except as modified by the
Supreme Court of Ohio Rules of Superintendence. All exemptions
to openness are to be construed in their narrowest sense and
any denial of public records in response to a valid request
must be accompanied by an explanation, including legal authority,
as outlined in the Ohio Revised Code.
Section 1. PUBLIC RECORDS
This office, in accordance with the Ohio
Revised Code, defines "records" 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
the office. All records of the Summit County Probate
Court are public unless they are specifically exempt from
disclosure under the Ohio Revised Code.
Section 1.1
It is the policy of the Summit County Probate
Court that, as required by Ohio law, records will be organized
and maintained so that they are readily available for inspection
and copying (See Section 3: Costs for Duplicating Public
Records). The records retention policy set forth by
this Court is in accordance with The Supreme Court of Ohio
Rules of Superintendence. Copies of the current record retention
guidelines are readily available to the public.
Section 2. RECORD REQUESTS
Each request for public records should be evaluated for a
response using the following guidelines:
Section 2.1
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
Summit County Probate Court to identify, retrieve, and review
the records. If it is not clear what records are being sought,
the records custodian must contact the requester for clarification.
Section 2.2
The requester does not have to put a records
request in writing and does not have to provide his or her
identity or the intended use of the requested public record.
The Summit County Probate Court may ask a requester to make
the request in writing, may ask for the requester’s
identity, and may inquire about the intended use of the
information requested, but may not require that it is mandatory
to reply. The Summit County Probate Court shall inform the
requester when revealing such information would enhance
the ability to identify, locate, or deliver the public records
sought by the requester.
Section 2.3
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 prompt inspection. Copies of public records must 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.
The public records law allows a person
to choose the medium upon which they would like a record
duplicated. This may be upon the same medium as the record
is held or by another medium which can be reasonably duplicated
as an integral part of the normal operations of the Summit
County Probate Court.
Section 2.4
Each request should be evaluated for an
estimated length of time required to gather the records.
Routine requests for records should be satisfied immediately
if feasible to do so. If fewer than 20 pages of copies are
requested or if the records are readily available in an
electronic format, copies should be made as quickly as the
equipment allows.The Summit County Probate Court may limit
the number of records requested by a person that the office
will transmit by United States mail to ten per month, unless
the person certifies to the Court in writing that the person
does not intend to use or forward the requested records,
or the information contained in them, for commercial purposes.
The scope of the word "commercial" is
to be narrowly construed and does not include reporting
or gathering news, reporting or gathering information to
assist citizen oversight or understanding of the operation
or activities of government, or nonprofit education research.
All requests for public records should either be satisfied
(see Section 2.3: Record Requests) or be acknowledged
by the Summit County Probate Court within a reasonable amount
of time. If a request is deemed significantly beyond "routine,"
such as seeking a voluminous number of copies or requiring
extensive research, the acknowledgement must include the
following:
Section 2.4a
An estimated number of business days
it will take to satisfy the request.
Section 2.4b
An estimated cost if copies are requested.
Section 2.4c
Any items within the request that may
be exempt from disclosure.
Section 2.5
If a requester makes an ambiguous or overly
broad request or has difficulty in making a request for
copies or inspection of public records such that the Summit
County Probate Court cannot reasonably identify what public
records are being requested, the Court may deny the request
but shall provide the requester with an opportunity to revise
the request by informing the requester of the manner in
which the records are maintained by the Summit County Probate
Court and accessed in the ordinary course of business.
Any denial of public records requested
must include an explanation. If portions of a record are
public and portions are exempt, the exempt portions are
to be redacted and the remainder released.
Section 3. COSTS FOR DUPLICATING
PUBLIC RECORDS
Those seeking duplication of public records
will be charged only the actual cost of making copies.
Section 3.1
The charge for paper copies is 5 (five)
cents per page.
Section 3.2
The requester may be required to pay in
advance the cost of the copies.
Section 3.3
Requesters may ask that documents be mailed
to them. They may be charged the actual cost of the postage
and mailing supplies and may be required to pay in advance
the cost of postage incurred in its mailing, delivery or
transmission.
Section 3.4
There is no charge for having electronic
images e-mailed.
Section 4. E-MAIL
Documents in electronic mail format are records
as defined by the Ohio Revised Code when their content relates
to the business of the Court. E-mail is to be treated in the
same fashion as records in other formats and should follow
the same retention schedules. |
