FAQ
What is Ohio’s Public Records Act?
As the Ohio Supreme Court has recognized, Ohio’s Public Records Act is founded on the principle that “’public records are the people’s records, and that the officials in whose custody they happen to be are merely the trustees for the people.’” State ex rel. Patterson v. Ayers, 171 Ohio St. 369, 371, 171 N.E.2d 508 (1960). The Act details what are public records, the obligations of a public office, and the rights and obligations of a public records requester. It sets out procedures, limits, and requirements designed to maximize a requester’s success in obtaining access to public records and minimize the burden on public offices when possible. It also excludes certain records from disclosure and provides for enforcement of the production of records when an office denies a proper public records request.
What is a public record?
A "public record" is any record kept by any public office, including a municipality such as the City. A "record" is any document created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions, which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office. All records kept by the City are public unless they are exempt from disclosure or confidential under state or federal law. If a document or other item does not meet the definition of a record, then it is a non-record and is not subject to Ohio’s Public Records Act. The City has no duty to release non-records.
Does the City have a duty to respond to requests for information or create new records to respond to a public records request?
No, requests for information and requests that require the City to create a new record by searching for and compiling information from existing records are improper.
How does the City keep its public records?
The City is required to organize and maintain public records in a manner that such records can be made available for inspection or copying in response to a public records request. The City’s records are subject to applicable records retention schedules, copies of which are available upon request through this online portal as well at the Law Department at City Hall.
Who may make a public records request?
Any person may make a public records request to the City. That person need not be a resident of the City, the State of Ohio, or the United States of America. The requester need not be an individual either, but may be a corporation, trust, governmental agency, or other body.
May I submit a public record request anonymously?
Yes, a requester does not have to provide the requester’s identity. It is the City’s general policy that this information is not to be requested from requesters. The law does permit the City to ask the requester’s identity, but only (1) if it would benefit the requestor by enhancing the City’s ability to identify, locate, or deliver the public records that have been requested, and (2) after informing the requester that the requester may decline to reveal the requester’s identity.
How do I request a public record?
The City created this online portal through which any person may conveniently obtain copies of public records kept by the City. However, a requester may make a request in any manner the requester chooses: by phone, in person, by email, or by letter. No specific language or form is required to make a public records request. A requester may make a request by asking the City for a specific record or records.
What does the City do when it receives a public records request through the online portal?
The City will contact you as soon as possible if it needs clarification to identify the records you are requesting. The City will locate and retrieve any responsive records, and then it will review those records and redact any portions of those records exempt from release under state or federal law. The City will promptly provide you with electronic copies of responsive records through the City's public records portal, unless you choose another copy medium or method of delivery. If your request is denied in part or in whole, the City will provide you with an explanation for each denial, including legal authority.
How long will it take to receive a response to my request?
There is no set, predetermined time period for responding to a public records request. Public records will promptly be made available for inspection at City Hall during regular business hours, Monday through Friday, with the exception of holidays. Copies of public records will be made available within a reasonable period of time. The reasonableness of the time taken to respond depends on the facts and circumstances of the particular request. “Prompt” and “reasonable” do not mean “immediately,” but rather these terms 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 requested records.
Can the City deny public records requests or redact public records before releasing them?
Yes, the City may withhold or redact public records that are exempt from release under Ohio’s Public Records Act. However, the City is required to provide the requester with an explanation for each denial, including legal authority. If the requester makes an ambiguous or overly broad request or has difficulty in making a proper request for public records, the request may be denied.
What is an ambiguous or overly broad public records request?
A requester must identify the records that the requester is seeking “with reasonable clarity,” so that the City can identify responsive records based on the manner in which it ordinarily maintains and access the public records that it keeps. A request must fairly and specifically describe what the requester is seeking. A request cannot constitute a complete duplication of voluminous records. It also cannot be for records spanning a substantial time period. And it cannot identify correspondent only as belonging to titles, groups, or categories for which research is required to establish their membership.
What are redactions?
If portions of a record are public and portions are exempt from disclosure, the exempt portions may be redacted and the rest released. “Redaction” means obscuring or deleting any information that is exempt from the duty to permit public inspection or copying from an item that otherwise meets the definition of a “record.” For paper records, redaction is the blacking or whiting out of non-public information in an otherwise public document. A public office may redact audio, video, and other electronic records by processes that obscure or delete specific content. A redaction is a denial of a request to inspect or copy the redacted information, except if a federal or state law authorizes or requires a public office to make the redaction. When making public records available for public inspection or copying, the office shall notify the requester of any redaction or make the redaction plainly visible. Redactions will be accompanied by a written supporting explanation, including legal authority. The City will make available all of the information within an otherwise public document that is not exempt. However, the City will withhold an entire record when exempted information is “inextricably intertwined” with the entire content of a particular record such that redaction cannot protect the exempted information.
Are emails public records?
The City must analyze an email message like any other document or item – by its content – to determine if it meets the definition of a record under Ohio’s Public Records Act. All employees and public officials of the City are required to retain their email records and other electronic records in accordance with applicable records retention schedules.
The City maintains and accesses its email records based on searches of its email archive system using the following fields:
- Time period;
- Sender and recipient;
- Keyword or phrase.
A requester should use these search fields to request email records.
Are juvenile records exempt from Ohio’s public records law?
There is no Ohio law that categorically excludes all juvenile records from release as public records. The City must identify a specific law that requires or permits a record regarding a juvenile to be withheld; otherwise, it must be released.
Does the federal Freedom of Information Act apply to the City?
No, the federal FOIA does not apply to state agencies or officers.
Can the City charge a fee for a public records request?
The City will charge the actual cost of producing copies, including copying and mailing expenses, but not labor costs. The charge for black and white paper copies on standard sized paper is 5 cents per page. The charge for color copies on standard sized paper is 10 cents per page. The cost for copies on irregular sized paper, such as blueprints or plats, shall be the cost charged by a copy service to make such copies. The charge for electronic files downloaded to a compact disc is $1.00 per disc. A requester will be required to pay in advance for the costs involved in providing the copy. If a requester asks that documents be mailed, the requester will be charged the actual cost of the postage and mailing supplies in advance. There is no charge for documents emailed or provided through the City’s online portal should the documents exist electronically. The Ohio’s Public Records Act does not permit the City to charge the public for inspection of public records during regular business hours.
How do I request records from the Cleveland Heights Municipal Court?
A request for case and administrative records from a court are governed by the Rules of Superintendence for the Courts of Ohio and not Ohio's Public Records Act. Please direct requests for court records to the Municipal Court's Clerk of Court pursuant to those rules. Information about how to contact the Clerk of Court's Office is available on the Court's website here. The Court also offers online access to case and docket information here.
Where can I find copies of police reports?
The Cleveland Heights Police Department offers online access to more recent police reports on the City's website here.
Where can I find copies of 911 calls?
Records of 911 calls are kept by Chagrin Valley Dispatch, not the City. Please direct your public records request for 911 calls to Chagrin Valley Dispatch. CVD accepts public records requests online here.
Where can I find copies of Council legislation?
More recent ordinances and resolutions passed by Council are available on the City’s website here.
Where can I find copies of Council meeting agendas and minutes?
More recent Council meeting agendas and minutes are available on the City's website here.
Where can I learn more about Ohio’s public records law?
The Ohio Attorney General’s Office offers free online Sunshine Laws Training to members of the general public in addition to public officials and employees. It also annually publishes a handbook entitled, “Ohio Sunshine Laws: An Open Government Resource Manual.” The Ohio Public Records Act is codified at R.C. 149.43.and published online here.