Re-Evaluating a Public Record

A recent ruling by the Ohio Supreme Court concerning email distribution lists for a township newsletter helped define a “public record” for something simple as a mailing list. Per the recent article from Court News Ohio found here, there were some back-and-forth disputes concerning a 2022 public records request for the township newsletter email distribution list. The requester originally had his request denied by the township, but he argued that the list is a public record and contained no exempted information as found in ORC 149.43. While the township claimed the list did not document the activities of the office and was developed/maintained by a vendor, in Hicks v. Union Township, the Supreme Court agreed that the list was a public record per the three elements of a public record as defined in ORC 149.011(G). Remember, a public record is:

  • “Any document, device, or item, regardless of physical form or characteristic, including an electronic record as defined in section 1306.01 of the Revised Code”,
  • “Created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions”,
  • And “serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office”.

As always, when working with public records requests, it is important to have your office’s legal counsel review the request, the responsive records, and the response sent.  The case can be found here: Hicks v. Union Twp. Clermont Cty. Bd. of Trustees.

Tip Sheet: Does Your Agency Need a Digital Preservation System?

Public and private institutions are facing the mounting challenges of preserving their institution’s digital records. A digital preservation system for the growing number of long=term or permanent digital records may be a necessary step for many of these institutions. The Ohio Electronic Records Committee has created an informational tip sheet to guide agencies on how to start thinking about preserving their digital records. Check it out here: Determining the Need for a Digital Preservation System

Celebrate Electronic Records Day October 10!

Please join with the Council of State Archivists to celebrate Electronic Records Day. Electronic Records Day is an opportunity to raise awareness among government agencies, related professional organizations, the general public and other stakeholders about the crucial role electronic records play in our world and the need to manage and preserve them. More information and resources are available at the Council of State Archivists’ website. Also, when looking for resources to share with stakeholders, don’t forget about the OhioERC’s tip sheets!