A requester may be required to pay in advance for costs involved in providing the copy. If a requester asks that documents be mailed, they may be charged the actual cost of the postage and mailing supplies. Other than the reproduction costs, there is no charge for documents emailed. The City of Dayton reserves the right to collect outstanding costs accumulated from previous request(s) before providing responses to new public record requests from the same requester.
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In addition, records in the form of email, text messaging, and instant messaging, including those sent and received via a hand-held communications device (iPhone, iPad, Android) are to be treated in the same fashion as records in other formats. Public record content transmitted to or from private accounts or personal devices is subject to disclosure. All employees or representatives of the City of Dayton are required to retain their email records and other electronic records in accordance with applicable records retention schedules.
The requester does not have to submit a records request in writing, and does not have to provide his or her identity or the intended use of the requested public record. It is the City of Dayton’s policy that this information is not generally to be requested. However, the law does permit the records custodian to ask for a written request, the requester's identity, and/or the intended use of the information requested, but only (1) if a written request or disclosure of identity or intended use would benefit the requester by enhancing the ability to identify, locate, or deliver the public records that have been requested; and (2) after informing the requester that a written request is not required and that the requester may decline to reveal the requester’s identity or intended use.
In processing the request, the City does not have an obligation to create new records or perform new analysis of existing information. An electronic record is deemed to exist so long as a computer is already programmed to produce the record through simple sorting, filtering, or querying. Although not required by law, the City of Dayton may accommodate the requester by generating new records when it makes sense and is practical under the circumstances.
In processing a request for inspection of a public record, a City employee must accompany the requester during inspection to make certain original records are not taken or altered.