Show All Answers

1. What is a public record?

All records kept by the City of Dayton are public unless they are exempt from disclosure under Ohio law. All public records must be organized and maintained in such a way that they can be made available for inspection and copying. In accordance with the Ohio Revised Code, a record is defined to include the following: A document in any format - paper, electronic (including, but not limited to, business email) - that is created, received by, or comes under the jurisdiction of the City of Dayton that documents the organization, functions, policies, decisions, procedures, operations, or other activities of the City of Dayton, unless exempt from disclosure under Ohio law.

In addition, records in the form of email, text messaging, and instant messaging, including those sent and received via a hand-held communications device (iPhone, iPad, Android) are to be treated in the same fashion as records in other formats. Public record content transmitted to or from private accounts or personal devices is subject to disclosure. All employees or representatives of the City of Dayton are required to retain their email records and other electronic records in accordance with applicable records retention schedules.

2. How do I make a public records request?

Although no specific language is required to make a request for public records, the requester must at least identify the records requested with sufficient clarity to allow the City to identify, retrieve, and review the records. If it is not clear what records are being sought, the records custodian must contact the requester for clarification, and should assist the requester in revising the request by informing the requester of the manner in which the office keeps its public records.

The requester does not have to submit a records request in writing, and does not have to provide his or her identity or the intended use of the requested public record. It is the City of Dayton’s policy that this information is not generally to be requested. However, the law does permit the records custodian to ask for a written request, the requester's identity, and/or the intended use of the information requested, but only (1) if a written request or disclosure of identity or intended use would benefit the requester by enhancing the ability to identify, locate, or deliver the public records that have been requested; and (2) after informing the requester 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 City does not have an obligation to create new records or perform new analysis of existing information. An electronic record is deemed to exist so long as a computer is already programmed to produce the record through simple sorting, filtering, or querying. Although not required by law, the City of Dayton may accommodate the requester by generating new records when it makes sense and is practical under the circumstances.

3. How fast can I expect records to be processed?

Public records are to be available for inspection during regular business hours, with the exception of published holidays. Public records must be made available for inspection promptly. Copies of public records must 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; and the necessity for any legal review and redaction of the records requested.

In processing the request, the City does not have an obligation to create new records or perform new analysis of existing information. An electronic record is deemed to exist so long as a computer is already programmed to produce the record through simple sorting, filtering, or querying. Although not required by law, the City of Dayton may accommodate the requester by generating new records when it makes sense and is practical under the circumstances.

In processing a request for inspection of a public record, a City employee must accompany the requester during inspection to make certain original records are not taken or altered.

4. Can the City deny a request?

If the requester makes an ambiguous or overly broad request for public records, the request may be denied. The denial, however, must provide the requester an opportunity to revise the request by informing the requester of the manner in which records are maintained and accessed by the City of Dayton. Any denial of public records requested must include an explanation, including legal authority. If the initial request was made in writing, the explanation must also be in writing. If portions of a record are public and portions are exempt, the exempt portions may be redacted and the rest released. When making public records available for public inspection or copying, the office shall notify the requester of any redaction or make the redaction plainly visible. If there are redaction(s), each redaction must be accompanied by a supporting explanation, including legal authority.

5. Does the City charge for public records?

Those seeking public records will be charged for the costs of making copies, not labor. The requester may choose whether to have the record duplicated upon paper, upon the same medium in which the public record is kept, or upon any other medium on which the office determines that the record can reasonably be duplicated as an integral part of the office’s normal operations. The charge for paper copies is $0.10 per page. If the requester specifically request information on another medium, an additional $3 per CD/DVD or $5 per thumb drive, will be added to the cost. An invoice is available upon request. Note: Effective March 1, 2016, these charges will be applied to all public record requests.

A requester may be required to pay in advance for costs involved in providing the copy. If a requester asks that documents be mailed, they may be charged the actual cost of the postage and mailing supplies. Other than the reproduction costs, there is no charge for documents emailed. The City of Dayton reserves the right to collect outstanding costs accumulated from previous request(s) before providing responses to new public record requests from the same requester.