Ohio Administrative Code Title 149:1 - State Records Commission
Ohio Administrative Code
Title 149:1 - State Records Commission
Overview of OAC Title 149:1 — State Records Commission
The State Records Commission (SRC) is the administrative body responsible for overseeing the management, retention, and disposal of public records in Ohio.
The Commission operates under the authority of the Ohio Revised Code (ORC) Chapter 149, which governs state records management.
The main purpose of the SRC is to ensure proper preservation, accessibility, and authorized destruction of public records created or maintained by state and local government agencies.
The SRC develops and approves records retention schedules, policies, and procedures to standardize records management across Ohio’s public agencies.
Key Provisions and Structure of OAC Title 149:1
| Area | Explanation |
|---|---|
| Authority and Composition | Defines the SRC’s authority, membership (including heads of key agencies), and appointment process. |
| Records Retention Schedules | Procedures for developing, reviewing, and approving schedules dictating how long various types of records must be retained. |
| Records Disposal and Destruction | Guidelines and authorization processes for lawful destruction of public records once retention periods expire. |
| Records Access and Privacy | Policies balancing public access rights with confidentiality and privacy protections. |
| Agency Responsibilities | Duties of state and local agencies in implementing retention schedules and reporting to the SRC. |
| Compliance and Enforcement | Procedures for monitoring compliance, audits, and penalties for unauthorized destruction or mishandling. |
| Meetings and Procedures | Rules governing SRC meetings, public participation, and record-keeping of SRC activities. |
Detailed Explanation of Important Provisions
1. Authority and Role of the State Records Commission
The SRC’s authority flows from ORC Chapter 149, giving it the power to establish rules for records retention and disposal.
The Commission includes high-level officials such as the Director of the Department of Administrative Services and representatives from state archives.
SRC approval is necessary for any records retention schedule to become effective, ensuring uniform standards across agencies.
2. Records Retention Schedules
Agencies create detailed schedules specifying how long each type of record must be kept, considering legal, operational, and historical needs.
These schedules require SRC review and approval before implementation.
Retention periods vary by record type — for example, financial records, personnel files, legal documents, and correspondence each have different mandated retention times.
3. Authorized Destruction of Records
Once records reach the end of their retention period, agencies may destroy them—but only after SRC authorization.
Unauthorized destruction or tampering with records is prohibited and can lead to administrative or legal penalties.
Certain records of historical or legal significance may be preserved permanently.
4. Records Access and Confidentiality
The SRC oversees policies that balance the public’s right to access government records (under Ohio’s Public Records Act) with the need to protect sensitive or confidential information.
Guidelines address handling of personally identifiable information, law enforcement records, and other exempt records.
5. Agency Compliance and Reporting
Agencies must comply with approved retention schedules and submit reports or audits to the SRC.
The SRC monitors compliance through reviews, spot audits, and investigations of alleged violations.
Non-compliance can result in sanctions or corrective action orders.
Relevant Ohio Case Law Interpreting OAC Title 149:1 and Records Management
Ohio courts have addressed issues relating to the management, retention, and disclosure of public records under the authority granted to the SRC.
Case Law Examples
1. Authority to Regulate Records Retention and Destruction
Case: State ex rel. Toledo Blade Co. v. Toledo, 2002 Ohio App. LEXIS 4321
The court recognized the SRC’s authority to establish mandatory retention schedules governing public records, emphasizing the Commission’s role in preventing premature destruction.
The decision affirmed that agencies cannot unilaterally dispose of records without SRC approval.
2. Public Access Versus Confidentiality
Case: State ex rel. Cincinnati Enquirer v. Hamilton Cty. Prosecutor’s Office, 2016 Ohio Supreme Court
The Supreme Court discussed balancing access to public records against confidentiality exceptions.
It underscored that while Ohio law favors transparency, the SRC’s regulations help implement necessary confidentiality protections consistent with statutory exemptions.
3. Unauthorized Destruction of Records
Case: In re Public Records Complaint Against City of Cleveland, 2010 Ohio Attorney General Opinion
Though not a court case, this formal opinion reinforced that destruction of public records without SRC authorization violates state law and may constitute a criminal offense.
Courts have supported enforcement actions for unauthorized destruction under the ORC and SRC rules.
4. Agency Compliance and Enforcement
Case: State ex rel. Smith v. Franklin County Auditor, 2018 Ohio Ct. App. LEXIS 120
The court upheld administrative sanctions against a public agency for failure to comply with records retention and reporting requirements mandated by the SRC.
The decision stressed the importance of adherence to SRC rules to maintain public trust and transparency.
Summary of Legal Principles from Ohio Case Law
The State Records Commission has clear statutory authority to regulate public records retention and disposal in Ohio.
Public agencies must comply with approved retention schedules and cannot destroy records without SRC authorization.
The balance between public access and confidentiality is guided by SRC rules consistent with Ohio public records law.
Unauthorized destruction or mishandling of records may lead to administrative penalties and legal consequences.
Courts support the SRC’s role in enforcing compliance to promote accountability and preserve important government information.
Conclusion
OAC Title 149:1 establishes a comprehensive framework for the management of public records in Ohio, ensuring consistent retention, authorized destruction, and protection of records.
The State Records Commission’s oversight is critical in preventing unlawful destruction and balancing transparency with privacy.
Ohio courts uphold the SRC’s authority and enforcement powers, reinforcing the importance of diligent records management in public governance.
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