OHIO HISTORY CONNECTION

OPEN RECORDS POLICY

August 5, 2024

I.     Introduction
The Ohio History Connection (“OHC”), which includes the State Historic Preservation Office (“SHPO”), strongly supports the right of citizens to gain access to information about its activities. OHC will conduct its business in ways that allow active public involvement in its decision-making and that provide for accountability through access to its records.

  • Except as noted in this policy, OHC is not subject to Ohio’s Public Records Law. All exceptions to disclosure, however, that are set forth in R.C. 149.43(A)(1)(a)-(ss), or any amendments or revisions thereof, shall apply to OHC’s records.
  • OHC shall not disclose records that it has been directed to maintain as confidential by order of a court of competent authority.

This Open Records Policy addresses issues of access to the records, which are the records and intellectual property of OHC, both organizational and business in nature, that document the functions, policies, decisions, procedures, operations, and other activities of OHC.

II.     Statement of Policy
Some records that document the activities of OHC are open for public inspection under Ohio’s Public Records laws. O.R.C 149.431 provides that contracts and records of expenditure of public funds by OHC pursuant to contracts with the Federal government and the State and its political subdivisions are subject to Ohio’s Public Records Law. In addition, that statute requires OHC to maintain for public inspection information setting forth the compensation of individuals serving OHC in an administrative and executive capacity.

Other OHC records not subject to Ohio’s Public Records Law will be available for public inspection and copy except in certain specific circumstances. These limited exceptions are necessary for OHC to accomplish its mission as a cultural institution; to compete successfully for members, funds, and collections; and to develop and market competitively its publications, goods, and services.

Definitions

Term Definition
Privacy Policy Defines how the organization handles personal information collected during its business operations.
Record Any item that is: stored on a fixed medium and created. received, or sent under the authority of OHC, and that documents the organization, functions, policies, decisions, procedures, operations, or other activities of OHC.
Requestor Any person or entity who wishes to make a request for access to OHC records.
Third-party vendor Umbrella term for vendors, service providers, and suppliers that provide goods and services to the organization.

III.     Operating Procedures
OHC creates and maintains records that are necessary for the adequate and proper documentation of the organization, its functions, policies, and essential transactions and for the protection of legal and financial rights of the State of Ohio and persons directly affected by OHC activities.

How to Request a Record

  • Any person may request OHC records including corporations, individuals, and government agencies. The Requester does not have to be an Ohio resident, and the person seeking the records may designate someone else to inspect or retrieve copies.
  • A request for OHC records should specifically and particularly describe the records being sought. For example, a request for “any and all records containing any reference whatsoever” to a particular person is an inappropriate records request.
  • Requests may be submitted in writing via email to [email protected]. For access to the Online Collection Catalog, digital images or collection items, and OHC records, 24 hours a day and seven days a week log on to ohiohistory.org. For example, minutes for the meetings of the OHC Board of Trustees are available at this address.
  • To ensure a timely and effective response, requests for OHC records by representatives of the news media can be directed in writing to the OHC’s Media & Public Relations Office (Ohio History Connection, 800 E. 17th Ave., Columbus, OH 43212, (614) 297-2330) or [email protected].

OHC Response and Fees

  • Copies of OHC records will be made available within a reasonable period, judged within the context of the circumstances of each individual request.
  • If the Requestor makes an overly broad request or the organization cannot reasonably identify what is being requested, the Requestor will be provided with an opportunity to revise the request. Failure to provide specific information may result in the request being unfulfilled.
  • Reasonable fees will be charged for copies of OHC records, as stipulated in the fee schedule, available on request.

IV.     Exceptions to Open Records
OHC policy is to respond constructively and positively to requests for OHC records. Certain limited exceptions that are specific in nature, limited in scope, and in the public interest, include:

  • As a rule, names, addresses, and other identifying information about donors to OHC will not be provided to a Requestor . To do otherwise will seriously impair OHCs ability to raise private funds and build collections in a way that meets all Ohioans’ expectations. Further, Donors and others who communicate and interact with OHC are protected by OHC’s Privacy Policy and by state and federal laws governing the privacy of personal information. OHC routinely requests that it be permitted to disclose the names of its major Donors in its annual report, and it is required to make such disclosure in its annual 990 tax report. OHC contracts with other organizations for the management of the sites which it owns or over which it has custody. OHC may share Donor information with its contracted site management organizations. OHC also employs the services of a third-party vendor who manages certain of its databases. OHC may share donor information with such third-party vendors.
  • As a rule, the names, addresses, and other identifying information of members and persons attending OHC programs, visiting OHC sites, and purchasing OHC products will not be provided to a Requestor without their permission. Members and others who share their information with OHC are protected by OHC’s Privacy Policy and by state and federal laws governing the privacy of personal information. OHC contracts with other organizations for the management of the sites which it owns or over which it has custody. OHC may share member and attendee information with its contracted site management organizations. OHC also employs the services of third-party vendors who manage certain of its databases. OHC may share member and attendee information with such third-party vendors. OHC’s provision of information to site management organizations and third party vendors does not make the information available to Requestors.
  • Negotiations of purchase, sale, or lease of property and negotiations of other contracts where disclosure would place OHC in a competitive disadvantage will not be shared, nor will records subject to the work product privilege, including those related to discussions of potential liability, threats of litigation, and other similar matters.
  • Information exchanged with legal counsel is subject to the attorney / client privilege, and information gathered or prepared in anticipation of litigation or at the direction of legal counsel is subject to the work product privilege. OHC will not disclose such information.
  • Sometimes, the OHC Board of Trustees meets in executive session to discuss sensitive topics involving legal issues, human resource matters, and financial matters. Such sessions are closed to the public, and OHC will not disclose documents presented at or generated in connection with such sessions.
  • The traditional standards of confidentiality of the bid process for contracted work will be protected. Following the opening of bids, records related to the bid process will be open to the public.
  • OHC records may be unavailable to the public if they are in the process of being catalogued, reformatted or stabilized.
  • To protect the privacy of its employees and to comply with its Employee Information Manual and state and federal laws governing the privacy of personal information, OHC human resource records are considered confidential. OHC will maintain public inspection information setting forth the compensation of individuals serving OHC in administrative and executive capacities. It will also provide position titles and salaries for all other positions. In addition, records of application for positions and records of search committees are confidential.
  • Although it is not a “provider” or a “business associate” of a provider as those terms are defined in the Health Insurance Portability and Accountability Act, OHC shall not disclose medical and health information and health insurance information regarding its employees, except to the extent permitted or required by law or for the administration of benefit programs for its employees.
  • OHC may withhold records that disclose ownership, character, and location of historic resources if such disclosure may cause a significant invasion of privacy, risk harm to the historic resource, or impede the use of a traditional religious site by practitioners.
  • To the extent that OHC serves in a consulting or advisory capacity for third parties, regardless of whether OHC receives compensation for such services, OHC will not disclose information provided to it in such capacity if the person or entity to whom OHC provides such services designates the information as confidential. OHC shall also not disclose documents which it creates or produces which contain or refer to such confidential information.
  • Infrastructure records that disclose the configuration of OHC’s or other critical systems, including technological infrastructure, building automation (i.e. electrical, mechanical and plumbing), and security systems.
  • Security records that contain information directly used for protecting or maintaining the security of OHC and others against attack, interference, theft, or sabotage or to prevent, mitigate, or respond to acts of terrorism will be closed to public access.Records, the disclosure of which would violate federal or state law or rules, will not be made available.

V. Decisions on Exceptions
OHCs Chief Operating Officer (COO) will review and make determinations on requests that fall under Section IV of this policy.

A person feeling aggrieved by the decision of the COO may request that the decision be reviewed by the Executive Director of OHC. The Executive Director may refer the decision to the Executive Committee of OHCs Board of Trustee.