(B) The attorney general shall develop, provide, and certify | 38 |
training programs and seminars for all elected officials or their | 39 |
appropriate designees in order to enhance the officials' knowledge | 40 |
of the duty to provide access to public records as required by | 41 |
section 149.43 of the Revised Code. The training shall be three | 42 |
hours for every term of office for which the elected official was | 43 |
appointed or elected to the public office involved. The training | 44 |
shall provide elected officials or their appropriate designees | 45 |
with guidance in developing and updating their offices' policies | 46 |
as required under section 149.43 of the Revised Code. The | 47 |
successful completion by an elected official or by an elected | 48 |
official's appropriate designee of the training requirements | 49 |
established by the attorney general under this section shall | 50 |
satisfy the education requirements imposed on elected officials or | 51 |
their appropriate designees under division (E) of section 149.43 | 52 |
of the Revised Code. Prior to providing the training programs and | 53 |
seminars under this section to satisfy the education requirements | 54 |
imposed on elected officials or their appropriate designees under | 55 |
division (E) of section 149.43 of the Revised Code, the attorney | 56 |
general shall ensure that the training programs and seminars are | 57 |
accredited by the commission on continuing legal education | 58 |
established by the supreme court. | 59 |
(C) The attorney general shall not charge any elected | 60 |
official or the appropriate designee of any elected official any | 61 |
fee for attending the training programs and seminars that the | 62 |
attorney general conducts under this section. The attorney general | 63 |
may allow the attendance of any other interested persons at any of | 64 |
the training programs or seminars that the attorney general | 65 |
conducts under this section and shall not charge the person any | 66 |
fee for attending the training program or seminar. | 67 |
(D) In addition to developing, providing, and certifying | 68 |
training programs and seminars as required under division (B) of | 69 |
this section, the attorney general may contract with one or more | 70 |
other state agencies, political subdivisions, or other public or | 71 |
private entities to conduct the training programs and seminars for | 72 |
elected officials or their appropriate designees under this | 73 |
section. The contract may provide for the attendance of any other | 74 |
interested persons at any of the training programs or seminars | 75 |
conducted by the contracting state agency, political subdivision, | 76 |
or other public or private entity. The contracting state agency, | 77 |
political subdivision, or other public or private entity may | 78 |
charge an elected official, an elected official's appropriate | 79 |
designee, or an interested person a registration fee for attending | 80 |
the training program or seminar conducted by that contracting | 81 |
agency, political subdivision, or entity pursuant to a contract | 82 |
entered into under this division. The attorney general shall | 83 |
determine a reasonable amount for the registration fee based on | 84 |
the actual and necessary expenses associated with the training | 85 |
programs and seminars. If the contracting state agency, political | 86 |
subdivision, or other public or private entity charges an elected | 87 |
official or an elected official's appropriate designee a | 88 |
registration fee for attending the training program or seminar | 89 |
conducted pursuant to a contract entered into under this division | 90 |
by that contracting agency, political subdivision, or entity, the | 91 |
public office for which the elected official was appointed or | 92 |
elected to represent may use the public office's own funds to pay | 93 |
for the cost of the registration fee. | 94 |
(F) The attorney general may provide any other appropriate | 101 |
training or educational programs about Ohio's "Sunshine Laws," | 102 |
sections 121.22, 149.38, 149.381, and 149.43 of the Revised Code, | 103 |
as may be developed and offered by the attorney general or by the | 104 |
attorney general in collaboration with one or more other state | 105 |
agencies, political subdivisions, or other public or private | 106 |
entities. | 107 |
Sec. 149.351. (A) All records are the property of the public | 113 |
office concerned and shall not be removed, destroyed, mutilated, | 114 |
transferred, or otherwise damaged or disposed of, in whole or in | 115 |
part, except as provided by law or under the rules adopted by the | 116 |
records commissions provided for under sections 149.38 to 149.42 | 117 |
of the Revised Code or under the records programs established by | 118 |
the boards of trustees of state-supported institutions of higher | 119 |
education under section 149.33 of the Revised Code. Such records | 120 |
shall be delivered by outgoing officials and employees to their | 121 |
successors and shall not be otherwise removed, destroyed, | 122 |
mutilated, or transferred, or destroyed unlawfully. | 123 |
(B) Any person who, after the effective date of this | 124 |
amendment, is aggrieved by the removal, destruction, mutilation, | 125 |
or transfer of, or by other damage to or disposition of a record | 126 |
in violation of division (A) of this section, or by threat of such | 127 |
removal, destruction, mutilation, transfer, or other damage to or | 128 |
disposition of such a record, may commence either or both of the | 129 |
following in the court of common pleas of the county in which | 130 |
division (A) of this section allegedly was violated or is | 131 |
threatened to be violated: | 132 |
(D) One-half of the forfeiture amount recovered under | 154 |
division (B)(2) of this section shall be paid to the person who | 155 |
commenced the civil action to recover a forfeiture, and one-half | 156 |
of the forfeiture amount recovered under that division shall be | 157 |
paid to the treasurer of state, who shall deposit the amount in an | 158 |
account of the Ohio historical society, to be used by the state | 159 |
archives in furtherance of its mission to retain records of | 160 |
continuing historical value. | 161 |
Sec. 149.38. (A) There is hereby created in each county a | 167 |
county records commission, composed of a member of the board of | 168 |
county commissioners as chairperson, the prosecuting attorney, the | 169 |
auditor, the recorder, and the clerk of the court of common pleas. | 170 |
The commission shall appoint a secretary, who may or may not be a | 171 |
member of the commission and who shall serve at the pleasure of | 172 |
the commission. The commission may employ an archivist or records | 173 |
manager to serve under its direction. The commission shall meet at | 174 |
least once every six months and upon the call of the chairperson. | 175 |
(B) The functions of the county records commission shall be | 176 |
to provide rules for retention and disposal of records of the | 177 |
county, and to review applications for one-time disposal of | 178 |
obsolete records and schedules of records retention and | 179 |
disposition submitted by county offices. The commission may | 180 |
dispose of records pursuant to the procedure outlined in this | 181 |
section. The commission, at any time, may review any schedule it | 182 |
has previously approved and, for good cause shown, may revise that | 183 |
schedule, subject to division (D) of this section. | 184 |
(C)(1) When the county records commission has approved any | 185 |
county application for one-time disposal of obsolete records or | 186 |
any schedule of records retention and disposition, the commission | 187 |
shall send that application or schedule to the Ohio historical | 188 |
society for its review. The Ohio historical society shall review | 189 |
the application or schedule within a period of not more than sixty | 190 |
days after its receipt of it. UponDuring the sixty-day review | 191 |
period, the Ohio historical society may select for its custody | 192 |
from the application for one-time disposal of obsolete records any | 193 |
records it considers to be of continuing historical value, and | 194 |
shall denote upon any schedule of records retention and | 195 |
disposition any records for which the Ohio historical society will | 196 |
require a certificate of records disposal prior to their disposal. | 197 |
(3) Before public records are to be disposed of pursuant to | 205 |
an approved schedule of records retention and disposition, the | 206 |
county records commission shall inform the Ohio historical society | 207 |
of the disposal through the submission of a certificate of records | 208 |
disposal for only the records required by the schedule to be | 209 |
disposed of and shall give the society the opportunity for a | 210 |
period of fifteen business days to select for its custody those | 211 |
records, from the certificate submitted, that it considers to be | 212 |
of continuing historical value. Upon the expiration of the | 213 |
fifteen-business-day period, the county records commission also | 214 |
shall notify the public libraries, county historical society, | 215 |
state universities, and other public or quasi-public institutions, | 216 |
agencies, or corporations in the county that have provided the | 217 |
commission with their name and address for these notification | 218 |
purposes, that the commission has informed the Ohio historical | 219 |
society of the records disposal and that the notified entities, | 220 |
upon written agreement with the Ohio historical society pursuant | 221 |
to section 149.31 of the Revised Code, may select records of | 222 |
continuing historical value, including records that may be | 223 |
distributed to any of the notified entities under section 149.31 | 224 |
of the Revised Code.
Any notified entity that notifies the county | 225 |
records commission of its intent to review and select records of | 226 |
continuing historical value from certificates of records disposal | 227 |
is responsible for the cost of any notice given and for the | 228 |
transportation of those records. | 229 |
(D) The rules of the county records commission shall include | 230 |
a rule that requires any receipts, checks, vouchers, or other | 231 |
similar records pertaining to expenditures from the delinquent tax | 232 |
and assessment collection fund created in section 321.261 of the | 233 |
Revised Code, from the real estate assessment fund created in | 234 |
section 325.31 of the Revised Code, or from amounts allocated for | 235 |
the furtherance of justice to the county sheriff under section | 236 |
325.071 of the Revised Code or to the prosecuting attorney under | 237 |
section 325.12 of the Revised Code to be retained for at least | 238 |
four years. | 239 |
Sec. 149.381. (A) As used in this section, "records | 243 |
commission" means a records commission created under section | 244 |
149.39 of the Revised Code, a school district records commission | 245 |
and an educational service center records commission created under | 246 |
section 149.41 of the Revised Code, a library records commission | 247 |
created under section 149.411 of the Revised Code, a special | 248 |
taxing district records commission created under section 149.412 | 249 |
of the Revised Code, and a township records commission created | 250 |
under section 149.42 of the Revised Code. | 251 |
(B) When a records commission has approved an application for | 252 |
one-time disposal of obsolete records or any schedule of records | 253 |
retention and disposition, the records commission shall send that | 254 |
application or schedule to the Ohio historical society for its | 255 |
review. The Ohio historical society shall review the application | 256 |
or schedule within a period of not more than sixty days after its | 257 |
receipt of it. During the sixty-day review period, the Ohio | 258 |
historical society may select for its custody from the application | 259 |
for one-time disposal of obsolete records any records it considers | 260 |
to be of continuing historical value, and shall denote upon any | 261 |
schedule of records retention and disposition the records for | 262 |
which the Ohio historical society will require a certificate of | 263 |
records disposal prior to their disposal. | 264 |
(D) Before public records are to be disposed of pursuant to | 272 |
an approved schedule of records retention and disposition, the | 273 |
records commission shall inform the Ohio historical society of the | 274 |
disposal through the submission of a certificate of records | 275 |
disposal for only the records required by the schedule to be | 276 |
disposed of, and shall give the society the opportunity for a | 277 |
period of fifteen business days to select for its custody those | 278 |
public records, from the certificate submitted, that it considers | 279 |
to be of continuing historical value. | 280 |
(2) Records containing personally identifiable information | 285 |
concerning any pupil attending a public school other than | 286 |
directory information, as defined in section 3319.321 of the | 287 |
Revised Code, without the written consent of the parent, guardian, | 288 |
or custodian of each such pupil who is less than eighteen years of | 289 |
age, or without the written consent of each pupil who is eighteen | 290 |
years of age or older. | 291 |
Sec. 149.39. There is hereby created in each municipal | 296 |
corporation a records commission composed of the chief executive | 297 |
or the chief executive's appointed representative, as chairperson, | 298 |
and the chief fiscal officer, the chief legal officer, and a | 299 |
citizen appointed by the chief executive. The commission shall | 300 |
appoint a secretary, who may or may not be a member of the | 301 |
commission and who shall serve at the pleasure of the commission. | 302 |
The commission may employ an archivist or records manager to serve | 303 |
under its direction. The commission shall meet at least once every | 304 |
six months and upon the call of the chairperson. | 305 |
The functions of the commission shall be to provide rules for | 306 |
retention and disposal of records of the municipal corporation, | 307 |
and to review applications for one-time disposal of obsolete | 308 |
records and schedules of records retention and disposition | 309 |
submitted by municipal offices. The commission may dispose of | 310 |
records pursuant to the procedure outlined in this section 149.381 | 311 |
of the Revised Code. The commission, at any time, may review any | 312 |
schedule it has previously approved and, for good cause shown, may | 313 |
revise that schedule under the procedure outlined in that section. | 314 |
When the municipal records commission has approved any | 315 |
application for one-time disposal of obsolete records or any | 316 |
schedule of records retention and disposition, the commission | 317 |
shall send that application or schedule to the Ohio historical | 318 |
society for its review. The Ohio historical society shall review | 319 |
the application or schedule within a period of not more than sixty | 320 |
days after its receipt of it. Upon completion of its review, the | 321 |
Ohio historical society shall forward the application for one-time | 322 |
disposal of obsolete records or the schedule of records retention | 323 |
and disposition to the auditor of state for the auditor's approval | 324 |
or disapproval. The auditor shall approve or disapprove the | 325 |
application or schedule within a period of not more than sixty | 326 |
days after receipt of it. Before public records are to be disposed | 327 |
of, the commission shall inform the Ohio historical society of the | 328 |
disposal through the submission of a certificate of records | 329 |
disposal and shall give the society the opportunity for a period | 330 |
of fifteen business days to select for its custody those public | 331 |
records that it considers to be of continuing historical value. | 332 |
Sec. 149.41. There is hereby created in each city, local, | 333 |
joint vocational, and exempted village school district a school | 334 |
district records commission, and in each educational service | 335 |
center an educational service center records commission. Each | 336 |
records commission shall be composed of the president, the | 337 |
treasurer of the board of education or governing board of the | 338 |
educational service center, and the superintendent of schools in | 339 |
each such district or educational service center. The commission | 340 |
shall meet at least once every twelve months. | 341 |
The function of the commission shall be to review | 342 |
applications for one-time disposal of obsolete records and | 343 |
schedules of records retention and disposition submitted by any | 344 |
employee of the school district or educational service center. The | 345 |
commission may dispose of records pursuant to the procedure | 346 |
outlined in this section 149.381 of the Revised Code. The | 347 |
commission, at any time, may review any schedule it has previously | 348 |
approved and, for good cause shown, may revise that schedule under | 349 |
the procedure outlined in that section. | 350 |
When the school district records commission or the | 351 |
educational service center records commission has approved any | 352 |
application for one-time disposal of obsolete records or any | 353 |
schedule of records retention and disposition, the appropriate | 354 |
commission shall send that application or schedule to the Ohio | 355 |
historical society for its review. The Ohio historical society | 356 |
shall review the application or schedule within a period of not | 357 |
more than sixty days after its receipt of it. Upon completion of | 358 |
its review, the Ohio historical society shall forward the | 359 |
application for one-time disposal of obsolete records or the | 360 |
schedule of records retention and disposition to the auditor of | 361 |
state for the auditor's approval or disapproval. The auditor shall | 362 |
approve or disapprove the application or schedule within a period | 363 |
of not more than sixty days after receipt of it. Before public | 364 |
records are to be disposed of, the appropriate commission shall | 365 |
inform the Ohio historical society of the disposal through the | 366 |
submission of a certificate of records disposal and shall give the | 367 |
society the opportunity for a period of fifteen business days to | 368 |
select for its custody those public records that it considers to | 369 |
be of continuing historical value. The society may not review or | 370 |
select for its custody either of the following: | 371 |
(A) Records containing personally identifiable information | 372 |
concerning any pupil attending a public school other than | 373 |
directory information, as defined in section 3319.321 of the | 374 |
Revised Code, without the written consent of the parent, guardian, | 375 |
or custodian of each such pupil who is less than eighteen years of | 376 |
age, or without the written consent of each such pupil who is | 377 |
eighteen years of age or older; | 378 |
Sec. 149.411. There is hereby created in each county free | 383 |
public library, municipal free public library, township free | 384 |
public library, school district free public library as described | 385 |
in section 3375.15 of the Revised Code, county library district, | 386 |
and regional library district a library records commission | 387 |
composed of the members and the fiscal officer of the board of | 388 |
library trustees of the appropriate public library or library | 389 |
district. The commission shall meet at least once every twelve | 390 |
months. | 391 |
The functions of the commission shall be to review | 392 |
applications for one-time disposal of obsolete records and | 393 |
schedules of records retention and disposition submitted by any | 394 |
employee of the library. The commission may dispose of records | 395 |
pursuant to the procedure outlined in this section 149.381 of the | 396 |
Revised Code. The commission, at any time, may review any schedule | 397 |
it has previously approved and, for good cause shown, may revise | 398 |
that schedule under the procedure outlined in that section. | 399 |
When the appropriate library records commission has approved | 400 |
any library application for one-time disposal of obsolete records | 401 |
or any schedule of records retention and disposition, the | 402 |
commission shall send that application or schedule to the Ohio | 403 |
historical society for its review. The Ohio historical society | 404 |
shall review the application or schedule within a period of not | 405 |
more than sixty days after its receipt of it. Upon completion of | 406 |
its review, the Ohio historical society shall forward the | 407 |
application for one-time disposal of obsolete records or the | 408 |
schedule of records retention and disposition to the auditor of | 409 |
state for the auditor's approval or disapproval. The auditor shall | 410 |
approve or disapprove the application or schedule within a period | 411 |
of not more than sixty days after receipt of it. Before public | 412 |
records are to be disposed of, the commission shall inform the | 413 |
Ohio historical society of the disposal through the submission of | 414 |
a certificate of records disposal and shall give the society the | 415 |
opportunity for a period of fifteen business days to select for | 416 |
its custody those public records that it considers to be of | 417 |
continuing historical value. The Ohio historical society may not | 418 |
review or select for its custody any records pursuant to section | 419 |
149.432 of the Revised Code. | 420 |
Sec. 149.412. There is hereby created in each special taxing | 421 |
district that is a public office as defined in section 149.011 of | 422 |
the Revised Code and that is not specifically designated in | 423 |
section 149.38, 149.39, 149.41, 149.411, or 149.42 of the Revised | 424 |
Code a special taxing district records commission composed of, at | 425 |
a minimum, the chairperson, a fiscal representative, and a legal | 426 |
representative of the governing board of the special taxing | 427 |
district. The commission shall meet at least once every twelve | 428 |
months and upon the call of the chairperson. | 429 |
The functions of the commission shall be to review | 430 |
applications for one-time disposal of obsolete records and | 431 |
schedules of records retention and disposition submitted by any | 432 |
employee of the special taxing district. The commission may | 433 |
dispose of records pursuant to the procedure outlined in this | 434 |
section 149.381 of the Revised Code. The commission, at any time, | 435 |
may review any schedule it has previously approved and, for good | 436 |
cause shown, may revise that schedule under the procedure outlined | 437 |
in that section. | 438 |
When the special taxing district records commission has | 439 |
approved any special taxing district application for one-time | 440 |
disposal of obsolete records or any schedule of records retention | 441 |
and disposition, the commission shall send that application or | 442 |
schedule to the Ohio historical society for its review. The Ohio | 443 |
historical society shall review the application or schedule within | 444 |
a period of not more than sixty days after its receipt of it. Upon | 445 |
completion of its review, the Ohio historical society shall | 446 |
forward the application for one-time disposal of obsolete records | 447 |
or the schedule of records retention and disposition to the | 448 |
auditor of state for the auditor's approval or disapproval. The | 449 |
auditor shall approve or disapprove the application or schedule | 450 |
within a period of not more than sixty days after receipt of it. | 451 |
Before public records are to be disposed of, the commission shall | 452 |
inform the Ohio historical society of the disposal through the | 453 |
submission of a certificate of records disposal and shall give the | 454 |
society the opportunity for a period of fifteen business days to | 455 |
select for its custody those public records that it considers to | 456 |
be of continuing historical value. | 457 |
The function of the commission shall be to review | 463 |
applications for one-time disposal of obsolete records and | 464 |
schedules of records retention and disposition submitted by | 465 |
township offices. The commission may dispose of records pursuant | 466 |
to the procedure outlined in this section 149.381 of the Revised | 467 |
Code. The commission, at any time, may review any schedule it has | 468 |
previously approved and, for good cause shown, may revise that | 469 |
schedule under the procedure outlined in that section. | 470 |
When the township records commission has approved any | 471 |
township application for one-time disposal of obsolete records or | 472 |
any schedule of records retention and disposition, the commission | 473 |
shall send that application or schedule to the Ohio historical | 474 |
society for its review. The Ohio historical society shall review | 475 |
the application or schedule within a period of not more than sixty | 476 |
days after its receipt of it. Upon completion of its review, the | 477 |
Ohio historical society shall forward the application for one-time | 478 |
disposal of obsolete records or the schedule of records retention | 479 |
and disposition to the auditor of state for the auditor's approval | 480 |
or disapproval. The auditor shall approve or disapprove the | 481 |
application or schedule within a period of not more than sixty | 482 |
days after receipt of it. Before public records are to be disposed | 483 |
of, the commission shall inform the Ohio historical society of the | 484 |
disposal through the submission of a certificate of records | 485 |
disposal and shall give the society the opportunity for a period | 486 |
of fifteen business days to select for its custody those public | 487 |
records that it considers to be of continuing historical value. | 488 |
Sec. 307.801. Within ninety days after a county microfilming | 489 |
board has been established, it shall hold its initial meeting at | 490 |
such time as the secretary of the board determines. Thereafter, | 491 |
the board shall meet annually on the
thirdsecond Monday in | 492 |
January and at such other times and places as the secretary | 493 |
determines. The secretary shall, within five days after receiving | 494 |
a written request from any other member of the board, call the | 495 |
board together for a meeting. A majority of the board constitutes | 496 |
a quorum at any regular or special meeting. | 497 |
(B)(1) Except as otherwise provided in this division, all | 518 |
files destroyed or otherwise disposed of under division (A)(1) of | 519 |
this section shall be copied or reproduced prior to their | 520 |
destruction or disposition in the manner and according to the | 521 |
procedure prescribed in section 9.01 of the Revised Code. The | 522 |
copies or reproductions of the files made pursuant to section 9.01 | 523 |
of the Revised Code shall be retained and preserved by the court | 524 |
for a period of ten years after the destruction of the original | 525 |
files in accordance with this section, after which the copies or | 526 |
reproductions themselves may be destroyed or otherwise disposed | 527 |
of. | 528 |
(D) All dockets, indexes, journals, and cash books of the | 552 |
court shall be retained and preserved by the court for at least | 553 |
twenty-five years unless they are reproduced in the manner and | 554 |
according to the procedure prescribed in section 9.01 of the | 555 |
Revised Code, in which case the reproductions shall be retained | 556 |
and preserved by the court at least until the expiration of the | 557 |
twenty-five year period for which the originals would have had to | 558 |
have been retained. Court dockets, indexes, journals, and cash | 559 |
books, and all other court records also shall be subject to | 560 |
destruction or other disposition under section 149.39149.381 of | 561 |
the Revised Code. | 562 |
(E) Notwithstanding sectionsections 149.381 and 149.39 of | 563 |
the Revised Code, each clerk of a municipal court shall retain | 564 |
documentation regarding each criminal conviction and plea of | 565 |
guilty involving a case that is or was before the court. The | 566 |
documentation shall be in a form that is admissible as evidence in | 567 |
a criminal proceeding as evidence of a prior conviction or that is | 568 |
readily convertible to or producible in a form that is admissible | 569 |
as evidence in a criminal proceeding as evidence of a prior | 570 |
conviction and may be retained in any form authorized by section | 571 |
9.01 of the Revised Code. The clerk shall retain this | 572 |
documentation for a period of fifty years after the entry of | 573 |
judgment in the case, except that documentation regarding cases | 574 |
solely concerned with minor misdemeanor offenses or minor | 575 |
misdemeanor traffic offenses shall be retained as provided in | 576 |
divisions (A) and (B) of this section, and documentation regarding | 577 |
other misdemeanor traffic offenses shall be retained for a period | 578 |
of twenty-five years after the entry of judgment in the case. This | 579 |
section shall apply to records currently retained and to records | 580 |
created on or after September 23, 2004. | 581 |
Sec. 3313.29. The treasurer of each board of education shall | 582 |
keep an account of all school funds of the district. The treasurer | 583 |
shall receive all vouchers for payments and disbursements made to | 584 |
and by the board and preserve such vouchers for a period of ten | 585 |
years unless copied or reproduced according to the procedure | 586 |
prescribed in section 9.01 of the Revised Code. Thereafter, such | 587 |
vouchers may be destroyed by the treasurer upon applying to and | 588 |
obtaining an order from the school district records commission in | 589 |
the manner prescribed by section 149.41149.381 of the Revised | 590 |
Code, except that it shall not be necessary to copy or reproduce | 591 |
such vouchers before their destruction. The treasurer shall render | 592 |
a statement to the board and to the superintendent of the school | 593 |
district, monthly, or more often if required, showing the revenues | 594 |
and receipts from whatever sources derived, the various | 595 |
appropriations made by the board, the expenditures and | 596 |
disbursements therefrom, the purposes thereof, the balances | 597 |
remaining in each appropriation, and the assets and liabilities of | 598 |
the school district. At the end of the fiscal year such statement | 599 |
shall be a complete exhibit of the financial affairs of the school | 600 |
district which may be published and distributed with the approval | 601 |
of the board. All monthly and yearly statements as required in | 602 |
this section shall be available for examination by the public. | 603 |