Considerations for Employee Separations

With election season upon us, many offices will see elected officials and other employees separate or retire in the next few months. During this transition, offices must coordinate the transfer of records and working documents under ORC 149.351. This includes paper and electronic records, including email. An orderly transfer will prevent operational disruptions and help offices comply with Ohio’s Public Records Law.

Each office should designate locations for electronic records, such as a shared network, document management system, or government cloud. Designating these areas provides ease of access to records of the office as well as records retention compliance. However, employees may also keep electronic office records in unstructured personal systems. Departing employees should review the following areas to ensure records are transitioned appropriately:

  1. Email Accounts – Review government-owned email accounts. Delete transitory messages, non-records, and messages that have met their retention requirements. Move emails that require long-term retention to a record-keeping system so others can access them. For more information and email best practices, see the OhioERC Email Management online training module.
  2. Personal Drives – Offices may assign employees personal drives, such as OneDrive in Microsoft 365, to store work related files. Often, only the assigned employee can access the drive. Offices should require employees to move office records to a shared record-keeping system. They should also consider limiting storage capacity to discourage record hoarding and state that personal drives serve convenience purposes only.
  3. Local Drives/Desktops – Saving records to a computer’s local drive or desktop prevents others in the office from accessing them. It also creates security and disaster-recovery risks if the device is lost or fails. Employees should move office records from local drives to the office’s record-keeping system.
  4. Portable Media – Departing employees should return office-issued CDs, flash drives, portable hard drives, and other media. These devices may contain thousands of government records. Offices should inventory issued storage media to track who has it and how they use it.
  5. Personal Computers/Accounts – Before leaving, employees who use personal computers or accounts, such as personal email, should transfer all government records from them. Records remain subject to public records requests and litigation requirements whether employees store them on government or personal devices. This may also interfere with the office’s compliance to ORC 149.351.

Additionally, work with your IT team to identify automated policies that affect record retention. For example, determine whether the system deletes an employee’s OneDrive account a set number of days after separation. Automatic deletion could destroy records that the office must retain. This risk becomes especially serious when litigation holds apply concerning anticipated or active litigation. Deleting an account under a hold could expose the office to spoliation claims. To reduce this risk, consult with your legal department to determine if any holds apply.

As always, reach out to [email protected] if you have questions.

A new start to the year: ADA Compliance

Last November, we briefly discussed the Americans with Disabilities Act Title II Web and Mobile Application Accessibility Rule, which takes effect on April 24, 2026, for state/local governments with populations of 50,000 or more, and on April 26, 2026, for populations of less than 50,000. For a better understanding of what Digital Accessibility is, check out these definitions.

To ensure compliance with this rule, CivicPlus, a digital software platform for local and state government agencies, has instituted its Acquia Web Governance application. This application actively targets website accessibility issues, providing recommendations and insights to enhance accessibility, quality, and performance. If your government institution uses CivicPlus, contact your IT department to determine if they have implemented the Aquia Web Governance application.

CivicPlus’s web accessibility also offers training and resources. It is essential to remember that the digital content on your website should be continually monitored and updated. After determining what needs to be updated on your website (e.g., PDF documents), demonstrating compliance can be achieved by posting an accessibility statement on your website.  

Tackling summer digitization projects? OhioERC has you covered

Summer often brings the opportunity to take on larger, long-term projects that may get sidelined during busier months. For many public entities, this may be the season to focus on digital document imaging. Digital document imaging projects convert paper records into high-quality, searchable digital formats. These projects may free up physical storage space, improve public access to records, enhance disaster recovery planning, streamline retrieval and sharing, and preserve aging or fragile documents. They can range in size from scanning a few file drawers to multi-year, agency-wide digitization efforts.

If you’re planning or considering a document imaging project this summer, OhioERC offers several tools and guidelines to help you, including:

  • Scanning Feasibility Tool – Before investing time and resources into a scanning project, use this interactive worksheet to assess whether digitizing is the best option. The tool evaluates the volume and types of records, staffing and equipment availability, and potential expenses. The tool also provides a list of questions to consider before kicking off a new project.
  • Guidelines for Digital Imaging of Public Records– This comprehensive guidance document walks you through project planning, technical specifications and selection, system implementation and archiving and long-term maintenance considerations.
  • Tips for Document Imaging– This Tip Sheet provides quick tips and best practices for those that elect to embark on a document imaging project.

With the tools provided by OhioERC, you don’t have to start from scratch. Visit the OhioERC Document Imaging resources page for the full list of all of OhioERC’s resources in this area.