ERC Managing Web Site Content

5.1 Legal Requirements for All Records

The Ohio Revised Code (ORC) includes no specific definition for web sites, however ORC Section 149.011(G) provides the following definition:

"Records" includes any document, device, or item, regardless of physical form or characteristic, created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions, which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office."

Clearly, a web site is a document or item created or received by a public office. Whether the web site documents the organization, functions, policies, decisions, procedures, operations or other activities is the deciding factor as to its status as a record.

Web sites that meet the criteria of the definition of a record must be scheduled on a retention schedule and retained for the appropriate time period before disposition. Scheduling web sites is discussed in detail below.

Web sites that meet the criteria of the definition of a record, as defined in the Ohio Revised Code, may also be classified as public records as defined in the Ohio Revised Code Section 149.43, which states in part:

"Public record means any record that is kept by any public office, including, but not limited to, state, county, city, village, township, and school district units, except that public record does not mean any of the following: medical records..."

All public records shall be promptly prepared and made available for inspection to any person at all reasonable times during regular business hours. Subject to division (B)(4) of this section, upon request, a public office or person responsible for public records shall make copies available at cost, within a reasonable period of time. In order to facilitate broader access to public records, public offices shall maintain public records in such a manner that they can be made available for inspection in accordance with this division. “

As with any format, a web site is considered a public record unless it falls under one of the exceptions listed in Section 149.43. Public records must be maintained and made accessible to the public upon request through the appropriate retention period.

5.2 Legal Requirements for Publications

The current legal requirements for publications do not adequately address web-based publications. Section 7 of these Guidelines is intended to provide advice to state agencies that will assist them in ensuring that their web-based publications are preserved. ORC 149.11 states:

"Any department, division, bureau, board, or commission of the state government issuing a report, pamphlet, document, or other publication intended for general public use and distribution, which publication is reproduced by duplicating processes such as mimeograph, multigraph, planograph, rotaprint, or multilith, or printed internally or through a contract awarded to any person, company, or the state printing division of the department of administrative services, shall cause to be delivered to the state library one hundred copies of such publication, subject to the provisions of section 125.42 of the Revised Code."

The state library board shall distribute the publications so received as follows:

(A) Retain two copies in the state library;

(B) Send two copies to the document division of the library of congress;

(C) Send one copy to the Ohio historical society and to each public or college library in the state designated by the state library board to be a depository for state publications. In designating which libraries shall be depositories, the board shall select those libraries which can best preserve such publications and which are so located geographically as will make the publications conveniently accessible to residents in all areas of the state;

Section 6: Records Management for Web-based Records

Guidelines for Managing Web Site Content: Section 5.0
Legal Requirements
	5.1 Legal Requirements for All Records The Ohio Revised Code (ORC) includes no specific definition for web sites, however ORC Section 149.011(G) provides the following definition: "Records" includes any document, device, or item, regardless of physical form or characteristic, created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions, which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office." Clearly, a web site is a document or item created or received by a public office. Whether the web site documents the organization, functions, policies, decisions, procedures, operations or other activities is the deciding factor as to its status as a record. Web sites that meet the criteria of the definition of a record must be scheduled on a retention schedule and retained for the appropriate time period before disposition. Scheduling web sites is discussed in detail below. Web sites that meet the criteria of the definition of a record, as defined in the Ohio Revised Code, may also be classified as public records as defined in the Ohio Revised Code Section 149.43, which states in part: "Public record means any record that is kept by any public office, including, but not limited to, state, county, city, village, township, and school district units, except that public record does not mean any of the following: medical records..." All public records shall be promptly prepared and made available for inspection to any person at all reasonable times during regular business hours. Subject to division (B)(4) of this section, upon request, a public office or person responsible for public records shall make copies available at cost, within a reasonable period of time. In order to facilitate broader access to public records, public offices shall maintain public records in such a manner that they can be made available for inspection in accordance with this division. “ As with any format, a web site is considered a public record unless it falls under one of the exceptions listed in Section 149.43. Public records must be maintained and made accessible to the public upon request through the appropriate retention period. 5.2 Legal Requirements for Publications The current legal requirements for publications do not adequately address web-based publications. Section 7 of these Guidelines is intended to provide advice to state agencies that will assist them in ensuring that their web-based publications are preserved. ORC 149.11 states: "Any department, division, bureau, board, or commission of the state government issuing a report, pamphlet, document, or other publication intended for general public use and distribution, which publication is reproduced by duplicating processes such as mimeograph, multigraph, planograph, rotaprint, or multilith, or printed internally or through a contract awarded to any person, company, or the state printing division of the department of administrative services, shall cause to be delivered to the state library one hundred copies of such publication, subject to the provisions of section 125.42 of the Revised Code." The state library board shall distribute the publications so received as follows: (A) Retain two copies in the state library; (B) Send two copies to the document division of the library of congress; (C) Send one copy to the Ohio historical society and to each public or college library in the state designated by the state library board to be a depository for state publications. In designating which libraries shall be depositories, the board shall select those libraries which can best preserve such publications and which are so located geographically as will make the publications conveniently accessible to residents in all areas of the state; Section 6: Records Management for Web-based Records