The official definition of “public record” is every “record” that is “kept by” a “public office.” The definition of “record” is further broken down into three elements:

1. It must exist on a fixed medium.
2. It must be created by or received by a public office or come under the jurisdiction of the office.
3. It must document the activities of the office.

The law states that a record documents the activities of a public office when it “serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office.”

Put simply, the record must show the public what the office does officially, as opposed to administrative functions of the office or the personal actions of individual public officials. For example, employee home addresses kept by an employer solely for administrative or management convenience generally do not document the activities of the public office. Personal calendars or notes that a public official takes as a reminder to complete a task do not document the activities of the public office because they are used only by that official, not by the office.

There is no set period for a public office to respond to a request. The Public Records Act says that an office must respond to a request to inspect records “promptly,” and must respond to a request for copies of records “within a reasonable period of time.”

Any number of facts and circumstances may be relevant to whether a public office responded “promptly” or “within a reasonable period of time,” such as the type of record that is requested, whether redactions or legal review is necessary, and the volume of records that must be reviewed. The Public Records Act specifies that when a law enforcement agency responds to a request for video records, the timeliness of the office’s response must take into account the time it took the office to retrieve, download, review, redact, seek legal advice, and produce the video record, in addition to other facts and circumstances.

If a requester asks for copies of records, the office is allowed to charge the requester the “actual cost” that it incurred to respond to the request. “Actual cost” may include the costs of a disc or thumb drive that the records are produced on (ink, toner, and/or paper) and/or the costs of packing, delivering, and sending the records. A public office generally does not incur “costs” when records are sent electronically.

Law enforcement agencies can also charge more than “actual cost” when producing video footage. These agencies can charge up to $75 per hour of video footage (not to exceed $750 total), which may include the cost to review; to blur or otherwise obscure, redact, upload, or produce a video record; as well as the storage medium the office uses to produce a video record, staff time, and any other relevant overhead necessary to comply with the request.

There is no obligation to provide free copies to someone who indicates an inability or unwillingness to pay for requested records (State ex rel. Call v. Fragale, 2004-Ohio-6589, ¶ 6.)

RESTRICTED PORTIONS OF RECORDINGS

Body-worn camera (BWC) and dashboard camera recordings are public records. When a law enforcement office receives a request for BWC or dashboard camera footage, the office must conduct a careful review to determine whether any portion of the footage is exempt from disclosure.

The Ohio Public Records Act identifies 17 categories of “restricted portions” of body-worn or dashboard camera footage that may be withheld or redacted prior to disclosure. Restricted portions include any visual or audio content that shows, communicates, or discloses one or more of the following:

1. The image or identity of a child, or information that could lead to identification of a child who is the primary subject of the recording.
2. The death of a person or a deceased person’s body, unless the death was caused by a correctional employee, youth services employee, or peace officer, or otherwise permitted by law.
3. The death of a correctional employee, youth services employee, peace officer, or first responder occurring while the individual was performing official duties.
4. Grievous bodily harm, unless the injury was caused by a correctional employee, youth services employee, or peace officer.
5. An act of severe violence resulting in serious physical harm, unless the injury was caused by a correctional employee, youth services employee, or peace officer.
6. Grievous bodily harm to a correctional employee, youth services employee, peace officer, firefighter, paramedic, or other first responder while performing official duties.
7. An act of severe violence resulting in serious physical harm against a first responder while engaged in official duties.
8. A person’s nude body.
9. Protected health information, including the identity of a person in a health care facility who is not the subject of a law enforcement encounter, or information that could identify such a person.
10. Information that could identify the alleged victim of a sex offense, menacing by stalking, or domestic violence.
11. Information that could identify a confidential source, if disclosure could reasonably be expected to threaten or endanger safety or property, even if the record is not otherwise a confidential law enforcement investigatory record.
12. Personal information of a person who is not arrested, charged, or issued a written warning.
13. Proprietary police contingency plans or tactics intended to prevent crime and maintain public order and safety.
14. Personal conversations between peace officers that are unrelated to work.
15. Conversations between peace officers and members of the public that do not concern law enforcement activities.
16. The interior of a residence, unless it is the location of an adversarial encounter with, or use of force by, a peace officer.
17. The interior of a private business closed to the public, unless it is the location of an adversarial encounter with, or use of force by, a peace officer.

BWC FEES

Law enforcement agencies may charge requesters the actual cost to prepare BWC or dashboard camera footage for inspection or production, subject to the following limits:

• Up to $75 per hour of video footage,
• Not to exceed $750 total.

A public office may require prepayment of these costs if such a requirement is included in its public records policy. If prepayment is required:

• The office must provide the requester with an estimated total cost within five business days.
• The obligation to prepare the footage does not begin until the estimated cost is paid in full.

PRODUCTION COSTS: REPORTS, CAD NOTES, OTHER PAPERWORK

Copies of police reports and/or CAD notes may be provided in either electronic, physical, or paper format.

Electronic copies delivered by e-mail are provided at no cost.

When paper copies are requested, the cost is limited to the actual reproduction cost of $0.50 per sheet.

When a copy on physical medium is requested, the requester is responsible for the actual cost of the physical medium and any required postage or packaging. Current physical medium costs are $4.00 for standard flash drives, and $8.00 for expanded flash drives. Due to security considerations, the Girard Police Department cannot accept physical medium devices from the public for file transfer purposes.

There is no additional charge for staff time, search, or review related to standard report production.

All records are released in accordance with Ohio law. Portions of a report may be redacted or withheld where permitted or required by law.

PRODUCTION COSTS: 911 CALLS, DISPATCH CALLS, RADIO TRAFFIC

Copies of 911 call recordings and police radio communications may be provided in electronic or physical format, depending on availability and the requester’s preference.

Digital copies delivered electronically (e.g., by e-mail or secure download) are provided at no cost.

When a copy on physical medium is requested, the requester is responsible for the actual cost of the physical medium and any required postage or packaging. Current physical medium costs are $4.00 for standard flash drives, and $8.00 for expanded flash drives. Due to security considerations, the Girard Police Department cannot accept physical medium devices from the public for file transfer purposes.

No additional charges are assessed for staff time related to standard duplication.

All recordings are reviewed and released in accordance with Ohio law. Portions may be redacted or withheld where permitted or required by law.

PRODUCTION COSTS: BODY WORN CAMERA (BWC) VIDEO

Requests for body-worn camera (BWC) video often require significant processing before release. Depending on the content of the recording, this may include reviewing footage, identifying exempt or protected information, blurring or otherwise obscuring images or audio, redacting portions of the recording, converting file formats, uploading, and producing the final video file.

Due to the time and technical resources required to perform these tasks, BWC video records are processed at a cost of $75.00 per hour. When applicable, a cost estimate will be provided prior to processing, and work will proceed in accordance with the requester’s stated cost preference.

BWC footage is available on physical media only due to file size considerations. Current physical medium costs are $4.00 for standard flash drives, and $8.00 for expanded flash drives, in addition to any required postage or packaging. Due to security considerations, the Girard Police Department cannot accept physical medium devices from the public for file transfer purposes.

WAIVER OF COSTS

The Girard Police Department will waive or reduce payment of the actual cost if either of the following apply:

(1) The video or a portion of the video shows, communicates, or discloses any of the following:

1. The death of a person, or a deceased person’s body, if the death was caused by a correctional employee, youth services employee, or peace officer;
2. Grievous bodily harm to a person if caused by a correctional employee, youth services employee, or peace officer; or
3. An act of severe violence against a person that results in serious physical harm to the person if caused by a correctional employee, youth services employee, or peace officer.

(2) If, in the judgment of the Girard Police Department, the video or a portion of the video shows, communicates, or discloses information that is of great interest or importance to the general public.

PREPAYMENT

The Girard Police Department may require a requester to prepay the actual cost of preparing a video record for production or inspection. If prepayment is required, the office will provide an estimate of the actual cost within five business days of receiving the request. The office is not required to start preparing a video record for production or inspection until the requester pays the estimated actual cost in full. The office’s obligation to produce a video record or make it available for inspection starts when the requester pays the estimated actual cost in full. The office will notify the requester if the final actual cost is more than the estimated actual cost. The requester may be required to pay the difference between the actual cost and the estimated cost if (1) the requester is notified in advance that the actual cost is more than the estimated actual cost; and (2) the actual cost is less than twenty per cent more than the estimated actual cost. The requester will not be required to pay the difference in the actual cost and the estimated actual cost if the difference is more than twenty per cent.