Title
AN ORDINANCE AMENDING PART TWO OF THE CODIFIED ORDINANCES OF THE CITY OF HUDSON TO CREATE CHAPTER 216, PUBLIC RECORDS.
Brief Description: With this legislation, the City of Hudson seeks to exercise its Home Rule Authority under Article XVIII, Sections 3 and 7 of the Ohio Constitution, and promulgate its own public records policy. Under this policy, the City may not disclose a crime victim's or a minor’s identity in records produced in response to a public records request.
Body
Legislative History
None
Purpose & Explanation
The purpose of the ordinance is to establish a municipal framework governing the maintenance, redaction, and disclosure of public records while strengthening privacy protections for minors and crime victims.
Specifically, the ordinance would create Chapter 216, “Public Records,” of the Codified Ordinances of the City of Hudson. Examples of key terms and details included in this new Chapter are as follows:
Prohibition of Production
• Creates a framework for the withholding of certain information and/or records in response to public records requests.
Covered Information
• Any portion of a record containing personally identifiable information of a minor. “Personal Identifiable Information of a Minor” is defined broadly to include any information that could identify an individual who was under 18 years old at the time the record was created or the event occurred.
• Any portion of a record containing personally identifiable information of a crime victim. “Personal Identifiable Information of a Crime Victim” is defined broadly to include identifying information of individuals who are victims or reasonably considered victims of a crime, including those protected under Marcy’s Law.
• Such information would therefore be redacted or withheld from disclosure when responding to public records requests.
Process and Other Provisions
• Provides immunity from suit for City officials, employees, contractors, or agents who negligently disclose information protected under the chapter.
• Create an Administrative Appeal Process, which must be submitted in writing to the City Manager within ten (10) calendar days of the City’s response. The City Manager or a designee must conduct a hearing within five (5) calendar days of receiving the appeal and determine whether the action was proper under the new C.O. Chapter 216 or other applicable laws.
Overall, the Ordinance seeks to balance transparency in government with the protection of sensitive personal information, particularly in light of the permanence and accessibility of information in the digital age. As a result, it strikes the proper balance of transparency with protecting sensitive information and our community’s most vulnerable.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04:
Competitively bid and advertised for three consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
X Other [provide explanation] Home Rule Authority under the Ohio Constitution.
Fiscal Impact
Currently Budgeted (Account #, $)
Supplemental Appropriation Required (Account #, $)
Appropriation Not Required.
Does this legislation require use of an emergency clause?
Yes [if so, explain why]
X No
Recommendation
Suggested Action
Amend Part Two of the Codified Ordinances of the City of Hudson to create Chapter 216 related to Public Records.
Submitted by,
Amanda Weinstein, Council Member