MEDINA COUNTY PORT AUTHORITY
POLICY FOR THE RETENTION
AND DESTRUCTION OF
PUBLIC RECORDS
Adopted December 4, 2019

The Medina County Port Authority has adopted the following policy (the “Policy”) for the retention and destruction of public records. This Policy does not apply to records that are not public records, as defined in ORC 149.011 or as interpreted by the courts of Ohio.

Public Records. “’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.” (ORC 149.011) and are:

1. stored on a fixed medium paper, computer, film, audio/video, etc.;
2. created, received, or sent under jurisdiction of a public office; and
3. document the organization, functions, policies, decisions, procedures, operations, and other activities of the office.

“Public record” means records kept by a public office, not including the numerous exceptions in the Ohio Revised Code. (ORC 149.43(a)(1))

“All records are the property of the public office concerned and shall not be removed, destroyed, mutilated, transferred, or otherwise damaged or disposed of, in whole or in part, except as provided by law or under the rules adopted by the records commission.” (ORC 149.351)

Particular Exceptions. Duplicate copies of records maintained according to this schedule may be destroyed when they are of no further administrative value.

Financial and proprietary information, including trade secrets, submitted to the Authority (or a nonprofit corporation engaged by the Authority to provide economic development services) by or on behalf of an employer in connection with the relocation, location, expansion, improvement, or preservation of the business of that employer is not a public record subject to ORC 149.43. Any other information submitted by such an employer under those circumstances is not a public record subject to ORC 149.43 until that employer commits in writing to proceed with the relocation, location, expansion, improvement, or preservation. (ORC 4582.58)

Records Commission. Having consulted, for guidance, ORC 149.412 regarding special taxing districts and the Ohio Records Commission, unless and until the Port Authority has entered into an agreement with Medina County defining terms and conditions under which the Medina County records commission shall perform public records-related functions, the Records Commission (“Commission”) for the Authority is composed of the chairperson, the fiscal officer of the Board, and the legal representative. (ORC 149.412)

The Commission shall meet at least once every twelve months and upon the call of the Chairman. The functions of the Commission shall be to review the Schedule of Record Retention and Disposition below (the “Schedule”), to revise the Schedule for good cause, to review proposals by the administrator for one-time disposal of obsolete records not specifically listed on the Schedule, and provide for the disposal of records pursuant to the procedure outlined in section Revised Code sec. 149.381 of the Revised Code. The Commission, at any time, may review any Schedule that was previously approved and, for good cause, may revise that schedule and submit it for approval according to the procedure in ORC 149.381.

Legal Hold. In the event of a lawsuit or threatened lawsuit a legal hold will be announced by legal counsel for the Board identifying relevant records. Records subject to a legal hold shall be retained until the legal hold has been removed.

Record Retention and Disposition. Records of the Authority will be retained or disposed of according to the following Schedule of Record Retention and Disposition, as such Schedule may be revised or amended by the Commission from time to time, and approved by the Ohio History Connection as provided in ORC 149.381. The inclusion of any type of record on the Schedule shall not be interpreted as requiring the creation of that type of record; only such records shall be created as shall be necessary to the adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the Authority and for the protection of the legal and financial rights of the Authority and persons directly affected by the Authority’s activities. (ORC 149.40)

A complete copy of this information and the schedule is available for viewing and download HERE.