public records request
HAMILTON COUNTY PROSECUTOR’S OFFICE PUBLIC RECORDS POLICY
MISSION STATEMENT
As a public office of the State of Ohio, the Hamilton County Prosecutor’s Office is the caretaker of records that belong to the citizens of Hamilton County. Openness leads to a better informed citizenry, which leads to better government and better public policy. It is the policy of the Hamilton County Prosecutor’s Office to strictly adhere to Ohio’s Public Records Act.
DEFINING PUBLIC RECORDS
A “record” is defined to include the following: A document in any format – paper, electronic (including, but not limited to, business e-mail) – that is created, received by, or comes under the jurisdiction of the Hamilton County Prosecutor’s Office that documents the organization, functions, policies, decisions, procedures, operations, or other activities of the office.
A “public record” is a “record” that is being kept by this office at the time a public records request is made, subject to applicable exemptions from disclosure under Ohio or federal law. All public records must be organized and maintained in such a way that they can reasonably be made available for inspection and copying.
RESPONSE TIMEFRAME
Public records are available for inspection during regular business hours, with the exception of published holidays. Public records will be made available for inspection promptly. Copies of public records will be made available within a reasonable period of time. “Prompt” and “reasonable” take into account the volume of records requested, the proximity of the location where the records are stored, the necessity for any legal review and redaction, and other facts and circumstances of the records requested.
It is the goal of the Hamilton County Prosecutor’s Office that all requests for public records will be acknowledged in writing promptly and, if feasible, satisfied within a reasonable time following the office’s receipt of the request.
HANDLING REQUESTS
No specific language is required to make a request for public records. However, the requester must identify the records requested with sufficient clarity to allow the office to identify, retrieve, and review the records. If it is not clear what records are being sought, the office will contact the requester for clarification and assist the requester in revising the request by informing the requester of the manner in which the office keeps its records.
The requester does not have to put a records request in writing and does not have to provide their identity or the intended use of the requested public record(s). It is this office’s general policy that this information is not to be requested. However, the law does permit the office to ask for a written request, the requester’s identity, and/or the intended use of the information requested, but only if (1) a written request or disclosure of identity or intended use would benefit the requester by enhancing the office’s ability to identify, locate, or deliver the public records that have been requested; and (2) the requester is first told that a written request is not required and that the requester may decline to reveal the requester’s identity or intended use.
In processing the request, the office does not have an obligation to create new records, search, or do research for information in the office’s records. An electronic record is deemed to exist so long as a computer is already programmed to produce the record through the office’s standard use of sorting, filtering, or querying features.
In processing a request for inspection of a public record, an office employee will accompany the requester during inspection to make certain original records are not taken or altered.
ELECTRONIC RECORDS
Records in the form of e-mail, text messaging, and instant messaging, including those sent and received via a hand-held communications device, are to be treated in the same fashion as records in other formats, such as paper or audiotape.
Public record content transmitted to or from private accounts or personal devices is subject to disclosure. All employees or representatives of this office are required to retain their e-mail records and other electronic records in accordance with applicable records retention schedules.
DENIAL AND REDACTION OF RECORDS
Any denial of public records requested will include an explanation, including legal authority as required by law. If portions of a record are public and portions are exempt, the exempt portions are to be redacted, and the rest released. If there are redactions, each redaction will be plainly visible and accompanied by a written supporting explanation, including legal authority as required by law.
COPYING AND MAILING COSTS
Those seeking public records that are not in video format may be charged for the actual cost of making copies, not labor. The charge for paper copies is five (5) cents per page for all pages after the first thirty pages. Double-sided is counted as one page. The charge for electronic files downloaded to a compact disc is fifty (50) cents per disc. The charge for other media (flash drives, etc.) will be the actual cost of the media on which the records are provided.
A requester may be required to pay in advance for the actual costs involved in providing the copy. The requester may choose whether to have the record duplicated upon paper, upon the same medium on which the public record is kept, or upon any other medium on which the Hamilton County Prosecutor’s Office determines that the record can reasonably be duplicated as an integral part of the office’s normal operations.
If a requester asks that documents be delivered to them, he or she may be charged the actual cost of the postage and mailing supplies, or other actual costs of delivery. There is no charge for e-mailed documents.
The Hamilton County Prosecutor’s Office shall not charge a fee for preparing a video record for inspection, or producing a copy of a video record, when the requester of the video record is a victim, as defined in Ohio Constitution, Article I, Section 10a, or who is a victim who suffered loss and could seek remedy through a tort action as defined by R.C. § 2307.011, who reasonably asserts that the video recording relates to the act or omission that caused the victim's harm or loss, or who is the legal counsel or insurer of the victim. A fee under this section may only be waived upon the receipt of an affidavit by the victim or the victim's legal counsel identifying that the use of the video is to investigate harm or damages that may have been captured on the video.
“Legal counsel of the victim” means an attorney who, at the time of making the request, produces to our office a signed retention agreement or letter of representation that establishes that the attorney is representing the victim.
MANAGING RECORDS
Hamilton County Prosecutor’s Office’s records are subject to records retention schedules. Record retention schedules are updated regularly and are available at https://www.hcpros.org.
Please use one of the following options to submit your request:
Email: publicrecords@hcpros.org
Or mail to:
Hamilton County Prosecuting Attorney's Office
ATTN: Civil Division - Public Records
230 E. Ninth Street, Suite 4000
Cincinnati, OH 45202
