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Part 1 Administrative Code - Title 1 General Provisions
- Chapter 101 Codified Ordinances
- Chapter 103 Official Standards
- Chapter 105 Wards and Boundaries
- Chapter 107 Public Records
Chapter 101 Codified Ordinances
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Section 101.01 Designation; Citation; Headings
- All ordinances of a permanent and general nature of the Municipality as revised, codified, rearranged, renumbered and consolidated into component codes, titles, chapters and sections shall be known and designated as the Codified Ordinances of North Canton, Ohio, for which designation "Codified Ordinances" may be substituted. Code, title, chapter and section headings do not constitute any part of the law as contained in the Codified Ordinances.
- All references to codes, titles, chapters and sections are to such components of the Codified Ordinances unless otherwise specified. Any component code may be referred to and cited by its name, such as the "Traffic Code". Sections may be referred to and cited by the designation "Section" followed by the number, such as "Section 101.01".
Section 101.02 General Definitions
As used in the Codified Ordinances, unless another definition is provided, or the context otherwise requires:
- "And" may be read "or", and "or" may be read "and", if the sense requires it.
- "Another" when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property.
- "Bond" includes an undertaking and "undertaking" includes a bond.
- "Council" means the legislative authority of the Municipality.
- "County" means Stark County, Ohio.
- "Keeper" or "proprietor" includes all persons, whether acting by themselves or as a servant, agent or employee.
- "Land" or "real estate" includes rights and easements of an incorporate nature.
- "Municipality" or "City" means the City of North Canton, Ohio.
- “Oath” includes affirmation and "swear" includes affirm.
- "Owner", when applied to property, includes any part owner, joint owner or tenant in common of the whole or part of such property.
- "Person" includes an individual, corporation, business trust, estate, trust, partnership and association.
- "Premises", as applied to property, includes land and buildings.
- "Property" means real and personal property.
- "Personal property" includes all property except real.
- "Real property" includes lands, tenements and hereditaments.
- "Public authority" includes boards of education; the Municipal, County, State or Federal government, its officers or an agency thereof; or any duly authorized public official.
- "Public place" includes any street, sidewalk, park, cemetery, school yard, body of water or watercourse, public conveyance, or any other place for the sale of merchandise, public accommodation or amusement.
- "Registered mail" includes certified mail and "certified mail" includes registered mail.
- "Rule" includes regulation.
- "Sidewalk" means that portion of the street between the curb line and the adjacent property line intended for the use of pedestrians.
- "This State" or "the State" means the State of Ohio.
- "Street" includes alleys, avenues, boulevards, lanes, roads, highways, viaducts and all other public thoroughfares within the Municipality.
- "Tenant" or "occupant", as applied to premises, includes any person holding a written or oral lease, or who actually occupies the whole or any part of such premises, alone or with others.
- "Whoever" includes all persons, natural and artificial; partners; principals, agents and employees; and all officials, public or private.
- "Written" or "in writing" includes any representation of words, letters, symbols or figures. This provision does not affect any law relating to signatures.
- “O.R.C.” means the Ohio Revised Code as most recently adopted and/or amended by the State.
- “O.A.C.” means the Ohio Administrative Code as most recently adopted and or amended by the State.
Section 101.03 Rules of Construction
- Common and Technical Usage. Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.
- Singular and Plural; Gender; Tense.As used in the Codified Ordinances, unless the context otherwise requires:
- The singular includes the plural, and the plural includes the singular.
- Words of one gender include the other genders.
- Words in the present tense include the future.
- Calendar; Computation of Time.
- Definitions.
- "Week" means seven consecutive days.
- "Year" means twelve consecutive months.
- If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.
- The time within which an act is required by law to be done shall be computed by excluding the first and including the last day, except that when the last day falls on Sunday or a legal holiday, then the act may be done on the next succeeding day which is not a Sunday or a legal holiday.
- When a public office, in which an act required by law is to be performed, is closed to the public for the entire day which constitutes the last day for doing such act or before its usual closing time on such day, then such act may be performed on the next succeeding day which is not a Sunday or a legal holiday. If any legal holiday falls on Sunday, the next succeeding day is a legal holiday.
- When legislation is to take effect or become operative from and after a day named, no part of that day shall be included.
- In all cases where the law shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall mean such time only as may be necessary for the prompt performance of such duty or compliance with such notice.
- Definitions.
- Authority. When the law requires an act to be done which may by law as well be done by an agent as by the principal, such requirement shall be construed to include all such acts when done by an authorized agent.
- Joint Authority. All words purporting to give joint authority to three or more municipal officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it shall be otherwise expressly declared in the law giving the authority or inconsistent with State statute or Charter provisions.
- Exceptions. The rules of construction shall not apply to any law which shall contain any express provision excluding such construction, or when the subject matter or context of such law may be repugnant thereto.
Section 101.04 Revivor; Effect of Amendment or Repeal
- The repeal of a repealing ordinance does not revive the ordinance originally repealed nor impair the effect of any saving clause therein.
- An ordinance which is re-enacted or amended is intended to be a continuation of the prior ordinance and not a new enactment, so far as it is the same as the prior ordinance.
- The re-enactment, amendment or repeal of an ordinance does not, except as provided in subsection (d) hereof:
- Affect the prior operation of the ordinance or any prior action taken thereunder;
- Affect any validation, cure, right, privilege, obligation or liability previously acquired, accrued, accorded or incurred thereunder;
- Affect any violation thereof or penalty, forfeiture or punishment incurred in respect thereto, prior to the amendment or repeal;
- Affect any investigation, proceeding or remedy in respect of any such privilege, obligation, liability, penalty, forfeiture or punishment; and the investigation, proceeding or remedy may be instituted, continued or enforced, and the penalty, forfeiture or punishment imposed, as if the ordinance had not been repealed or amended.
- If the penalty, forfeiture or punishment for any offense is reduced by a re-enactment or amendment of an ordinance, the penalty, forfeiture, or punishment, if not already imposed, shall be imposed according to the ordinance as amended.
Section 101.05 Construction of Section References
- A reference to any portion of the Codified Ordinances applies to all re-enactments or amendments thereof.
- If a section refers to a series of numbers or letters, the first and the last numbers or letters are included.
- Wherever in a penalty section reference is made to a violation of a series of sections or of subsections of a section, such reference shall be construed to mean a violation of any section or subsection included in such reference. References in the Codified Ordinances to action taken or authorized under designated sections of the Codified Ordinances include, in every case, action taken or authorized under the applicable legislative provision which is superseded by the Codified Ordinances.
Section 101.06 Conflicting Provisions
- If there is a conflict between figures and words in expressing a number, the words govern.
- If a general provision conflicts with a special or local provision, they shall be construed, if possible, so that effect is given to both. If the conflict between the provisions is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later adoption and the manifest intent is that the general provision prevail.
- If ordinances enacted at different meetings of Council are irreconcilable, the ordinance latest in date of enactment prevails.
- If amendments to the same ordinance are enacted at different meetings of Council, one amendment without reference to another, the amendments are to be harmonized, if possible, so that effect may be given to each. If the amendments are substantively irreconcilable, the latest in date of enactment prevails. The fact that a later amendment restates language deleted by an earlier amendment, or fails to include language inserted by an earlier amendment, does not of itself make the amendments irreconcilable. Amendments are irreconcilable only when changes made by each cannot reasonably be put into simultaneous operation.
Section 101.07 Determination of Legislative Intent
- In enacting an ordinance, it is presumed that:
- Compliance with the constitutions of the State and of the United States is intended;
- The entire ordinance is intended to be effective;
- A just and reasonable result is intended;
- A result feasible of execution is intended.
Section 101.08 Severability
If any provision of a section of the Codified Ordinances or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.
Section 101.09 General Penalty
Whenever, in the Codified Ordinances or in any ordinance of the Municipality, any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates any such provision shall be punished by a fine not exceeding one hundred dollars ($100.00). A separate offense shall be deemed committed each day during or on which a violation continues or occurs.
Chapter 103 Official Standards
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Section 103.01 Dogwood City
On the request of numerous residents and organizations, and because of the aesthetic value of the dogwood tree as it is blended into the City of North Canton, the City shall be known and designated as "The Dogwood City".
Section 103.02 Common Seal
There is hereby established and adopted a common seal for the City of North Canton, Ohio, which common seal is attached hereto and incorporated herein.
Section 103.03 Use of Facsimile Signatures
- A policy for the use of facsimile signatures by public officials, pursuant to Ohio R.C. 9.10 is hereby adopted.
- A policy prohibiting the use of rubber stamp signatures by public officials, pursuant to Ohio R.C. 9.11 is hereby adopted.
Chapter 105 Wards and Boundaries
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Section 105.01 Division into Wards
The City is hereby divided into four wards, which are equal in number to the members of Council who are hereafter to be elected from wards according to law and the Charter. The four wards are hereby created and established in the City, and the boundaries thereof shall be such as are hereinafter set forth, which boundaries are fixed so that each ward shall contain as nearly as practicable an equal number of inhabitants.
Section 105.02 First Ward Boundaries
The First Ward shall contain all that territory bounded and described as follows: The east boundary shall begin at the north side of West Maple Street and the west side of North Main Street to the north line of Out Lot 193, such north line is approximately 1426.00 feet north of the center line of Applegrove Street, N.W.; thence west along the north corporation line and the north line of Out Lot 193 and the north line of Out Lot 192 to the northwest corner of Out Lot 192; thence south along the west corporation line for a distance of 381.55 feet more or less to the northeast corner of Out Lot 223; thence west along the north corporation line and the north line of Out Lots 223, 224, 225, 226 and 227 to the northwest corner of Out Lot 227; thence south along the west line of Out Lot 227 to the northeast corner of Out Lot 229; thence west along the north line of Out Lot 229 to the northwest corner of Out Lot 229; thence south along the west line of Out Lot 229, for a distance of 508.40 feet to a point on the south line of Applegrove Street, N.W.; thence west along the south line of Applegrove Street, N.W. for a distance of 20.79 feet to the northwest corner of Lot 5045; thence S 3o 35' 30" W. and along the west corporation line for a distance of 622.42 feet to a point on the west line of Lot 5051; thence S 5o 29' 30" W. and along the west corporation line, for a distance of 807.69 feet to a point on the west line of Lot 5038; thence S 6o 05' 30" E. and along the west corporation line, for a distance of 100.0 feet to a point on the west line of Lot 5038; thence S 11o 32' 30" E. and along the west corporation line, for a distance of 100.0 feet to the northeast corner of Lot 5033; thence S 84o 10' 30" W, and along the north corporation line for a distance of 451.72 feet to a point on the west line of Pittsburgh Avenue, N.W.; thence south along the west line of Pittsburgh Avenue, for a distance of 40.91 feet; thence west along the north line of Lot 4998 for a distance of 409.33 feet to the northwest corner of Lot 4998; thence south along the west corporation line to the south line of Portage Street, N.W. as projected from the east; thence northeast along the south line of Portage Street, N.W. as projected from the east to the northeast corner of Lot 3342; thence south along the west corporation line to the southwest corner of Lot 3317; thence east along the corporation line to the center line of Sheraton Drive, N.W.; thence south along the west corporation line to the northeast corner of Out Lot 248; thence west along the corporation line a distance of 581.95 feet; thence south along the corporation line a distance of 80.00 feet; thence west along the corporation line a distance of 250.04 feet to the northwest corner of Out Lot 248; thence south along the west corporation line a distance of 220.00 feet to the southwest corner of Out Lot 248; thence east along the south line of Out Lot 248 to the center line of Sheraton Drive, N.W.; thence north along the center line of Sheraton Drive, N.W. to the north line of West Maple Street; thence east along the north line of West Maple Street to the west line of North Main Street and the true place of beginning.
Section 105.03 Second Ward Boundaries
The Second Ward shall contain all that territory bounded and described as follows: The west boundary shall begin at the north side of East Maple Street and the east side of North Main Street; thence north along the east line of North Main Street; to the north line of Out Lot 198, the north line is 1500.00 feet north of the center line of Applegrove Street, N.W.; thence east along the north corporation line to the northeast corner of Out Lot 199; thence north along the corporation line to the northwest corner of Out Lot 191; thence east along the north corporation line to the northeast corner of Out Lot 191; thence south along the east corporation line to the south line of Applegrove Street, N.E.; thence west along the south line of Applegrove Street, N.E., to the northeast corner of Lot 4289; thence south along the east line of Lot 4289 to a point in the northeasterly line of Lot 4295; thence southeast along the corporation line to the northeast corner of Lot 4290; thence southwest along the corporation line to the southeast corner of Lot 4252; thence south along the corporation line 515.34 feet to a point on the east line of Lot 3099; thence following along the corporation line and the line of Out Lot 250 the following courses and distances: N 81o 21' E for 311.46 feet; N 65o 45' E for 300.00 feet; N 88o 05' 20" E for 116.00 feet; N 1o 54' 40" W for 173.77 feet; N 88o 05' 20" E for 43.87 feet; N 1o 54' 40" W for 282.08 feet; S 74o 17' E for 720.13 feet; S 4o 56' W for 1211.25 feet; thence continuing east along the corporation line to the northeast corner of Lot 5171; thence south along the corporation line to the southeast corner of Lot 5171; thence east along the corporation line to the northeast corner of Out Lot 239; thence south along the corporation line to the southeast corner of Out Lot 239; thence east along the corporation line to the northeast corner of Out Lot 247; thence south along the east corporation line to the north line of East Maple Street; thence west along the north line of East Maple Street to the east line of North Main Street and the true place of beginning.
Section 105.04 Third Ward Boundaries
The Third Ward shall contain all that territory bounded and described as follows: Beginning for the same at the southeast corner of the intersection of South Main Street and East Maple Street, thence southwardly along the east line of South Main Street to the center line of 50th Street; thence eastwardly along the corporation line of the City of North Canton and the center line of 50th Street and the center line of the street extended eastwardly to the southeast corner of Out Lot 188 in the City of North Canton; thence north along the corporation line of the City of North Canton, and the east line of Out Lot 188 to the southwest corner of Out Lot 216; thence east along the corporation line of the City of North Canton, and the south line of Out Lot 216 and Lot 4743, to the southeast corner of Lot 4743; thence north along the corporation line of the City of North Canton, and the east line of Lot 4743 and Out Lot 216, to the northeast corner of Out Lot 216; thence west along the corporation line of the City of North Canton, and the north line of Out Lot 216, to the northwest corner of Out Lot 216, such point being on the south line of Easthill Street, S.E.; thence north along the corporation line of the City of North Canton, Ohio, for a distance of 50.0 feet to a point on the north line of Easthill Street, S.E.; thence westwardly along the corporation line of the City of North Canton and the north line of Easthill Street, S.E. to the east line of Section 17, Plain Township; thence northwardly along the east line of Section 17 and the corporation line of the City of North Canton, to a point 30.0 feet south of the center of Schneider Street; thence westwardly and parallel with the center of Schneider Street and along the corporation line of the City of North Canton to a point on the east line of Overridge Avenue; thence northwardly for a distance of 30.0 feet to the center of Schneider Street; thence westwardly along the center line of Schneider Street and the corporation line of the City of North Canton a distance of approximately 57.0 feet to the east line of Sundowne Estates No. 7; thence northwardly along the corporation line of the City of North Canton to the southwest corner of Out Lot 116; thence eastwardly along the corporation line of the City of North Canton and the south line of Out Lot 116 to 122 inclusive to the southeast corner of Out Lot 122; thence northwardly along the east line of Out Lot 122, to the south line of East Maple Street; thence westwardly along the south line of East Maple Street to its intersection with the east line of South Main Street and the true place of beginning.
Section 105.05 Fourth Ward Boundaries
The Fourth Ward shall contain all that territory bounded and described as follows: Beginning for the same at the southwest corner of the intersection of South Main Street and West Maple Street, thence southwardly along the west line of South Main Street to the south corporation of the City of North Canton and the southeast corner of Out Lot 173; thence westwardly along the corporation line of the City of North Canton and the south line of Out Lot 173, Out Lot 172, Lots 4248, 3896, 4247 and Out Lot 163 and Lots 4631, 4630, 4629, 4628, 4626, 4624 and 4622 to the southwest corner of Lot 4622; thence north along the corporation line of the City of North Canton for a distance of 330 feet to the southeast corner of Lot 4621; thence west along the corporation line of the City of North Canton, and the south line of Lots 4621, 4620, 4619, 4601 and 4600, to a point on the east line of the northwest quarter of Section 19, Plain Township, thence north along the corporation line of the City of North Canton, and the east line of such quarter section, to a point on the south line of Everhard Road, S.W.; thence west along the south line of Everhard Road, S.W. for a distance of 20.0 feet; thence north along the corporation line of the City of North Canton, and the west line of Salway Avenue, S.W. to the southeast corner of Lot 4679; thence west along the corporation line of the City of North Canton, and the south line of Lots 4679, 4680, 4681, 4705 and 4704; thence north along the corporation line of the City of North Canton for a distance of 212 feet to a point on the north line of Linda Street, S.W., thence west along the north line of Linda Street, S.W. for a distance of 34 feet to the southwest corner of Lot 4697; thence north along the corporation line of the City of North Canton, and the west line of Lots 4697, 4696, 4695, 4694, 4693, 4692 and 4691, to the southwest corner of Lot 4677; thence westwardly along the corporation line of the City of North Canton, and the south line of Out Lots 211 and 212, the following four courses, N 78o 06' W for a distance of 3178.68 feet; thence S. 63o 54' W for a distance of 5.94 feet; thence S 61o 54' W for a distance of 224.40 feet; thence S 53o 09' W for a distance of 132.02 feet to a point on the east line of the B&O Railroad; thence N 27o 01' W and along the east line of the railroad, for a distance of 237.82 feet; thence N 24o 24' W, and along the east line of the railroad, for a distance of 283.95 feet to a point on the east line of Whipple Avenue; thence north along the corporation line of the City of North Canton, and the east line of Whipple Avenue, to the northwest corner of Lot 4747; thence east along the north line of Lot 4747 for a distance of 15 feet to the southwest corner of Out Lot 132; thence northwardly along the corporation line of the City of North Canton, a distance of 729.30 feet to a point; thence eastwardly along the corporation line of the City of North Canton a distance of 200 feet to a point; thence northwardly along the corporation line of the City of North Canton and the west line of Out Lot 131, to the northwest corner of Out Lot 131; thence eastwardly along the corporation line of the City of North Canton and the north line of Out Lot 131 to the northeast corner of Lot 3206; thence in a northeasterly direction along the corporation line of the City of North Canton and the west line of part of Out Lot 127, to the southwest corner of Out Lot 108; thence north along the corporation line to the southeast corner of Lot 5184; thence west along the corporation line to the southwest corner of Out Lot 249; thence north along the corporation line to the northwest corner of Out Lot 249; thence east along the north line of Out Lot 249 to the northeast corner of Out Lot 249; thence south along the east line of Lot 5184 to the south line of West Maple Street; thence eastwardly along the south line of West Maple Street to the west line of South Main Street and the true place of beginning.
Chapter 107 Public Records
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Section 107.01 Mission Statement
Openness leads to a better-informed citizenry, which leads to better government and better public policy. Accordingly, it is the mission and intent of the City of North Canton to at all times fully comply with and abide by both the spirit and the letter of Ohio’s Public Records Act, R.C. § 149.43.
Section 107.02 Defining Public Records
- A “Record” is defined to include the following: A document in any format – paper, electronic (including, but not limited to, business e-mail) – created, received by, or comes under the jurisdiction of the City of North Canton, which documents the City’s organization, functions, policies, decisions, procedures, operations, or other activities.
- A “Public Record” is a “record” that is being kept by the City at the time a public records request is made, subject to applicable exemptions from disclosure under Ohio or federal law. All public records must be organized and maintained in such a way that they can be made available for inspection and copying.
Section 107.03 Response Timeframe
- Public records are to be available for inspection during the City’s regular business hours and must be made available for inspection promptly.
- Copies of public records must be made available within a reasonable period of time.
- “Prompt” and “reasonable” take into account the volume of records requested, the proximity of the location where the records are stored, the necessity for any legal review and redaction, and other facts and circumstances of the records requested.
Section 107.04 Processing Records Requests
- No specific language is required to make a request for public records. The requester must, however, at least identify the records requested with sufficient clarity to allow the City to identify, retrieve, and review the records.
- The requester does not have to put a record request in writing, and does not have to provide his or her identity, or the intended use of the requested public record; the City’s general policy is that this information is not to be requested.
- Ohio’s Public Records Act does, however, permit the City to ask for a written request, the requester’s identity, or the intended use of the information requested, but only if:
- a written request or disclosure of identity or intended use would benefit the requester by enhancing the City’s ability to identify, locate, or deliver the requested public records; and
- the requester is first told a written request is not required and the requester may decline to reveal the requester’s identity or intended use.
- Ohio’s Public Records Act does, however, permit the City to ask for a written request, the requester’s identity, or the intended use of the information requested, but only if:
- An electronic record is deemed to exist so long as a computer is already programmed to produce the record through the City’s standard use of sorting, filtering, or querying features. In processing the request, the City has no obligation to create new records or to perform new analysis of existing information.
- Although not required by law, the City may consider generating new records when in its discretion it makes sense and is practical under the current circumstances.
- In addition, when processing a request for inspection of a public record, a City employee shall accompany the requester during inspection to make certain original records are not damaged, taken, or altered. There is no charge to inspect public records.
- A copy of the Ohio Sunshine Laws Manual is available via the Ohio Attorney General’s website for the purpose of keeping City employees and the public educated as to the City’s obligations under Ohio’s Public Records Act, Ohio’s Open Meetings Act, records retention laws, and the Personal Information Systems Act.
Section 107.05 Electronic Records
- Records in the form of e-mail, text messages, and instant messages, including those sent and received via hand-held communications devices, are to be treated in the same fashion as records in other formats such as paper or audiotape.
- Public record content transmitted to or from private accounts or personal devices is subject to disclosure. All City employees or its representatives are required to retain e-mail and other electronic records in accordance with applicable City record retention schedules.
Section 107.06 Denial and Redaction of Records
- If the requester makes an ambiguous or overly-broad request or has difficulty in making a request such that the City cannot reasonably identify what public records are requested, the request may be denied, but the City must then provide the requester an opportunity to revise the request by informing the requester of the manner in which City records are maintained and accessed.
- If the City withholds, redacts, or otherwise denies requested records, it must provide an explanation, including legal authority, for its denial.
- If the initial request was made in writing, the explanation must also be in writing.
- If portions of a record are public and other portions are exempt, the exempt portions may—and sometimes must—be redacted, and the remainder must be released; the City shall notify the requester of any redaction or make the redaction plainly visible.
Section 107.07 Copying and Mailing Costs
- There is no charge for making standard 8.5 x 11 inch copies of records or for e-mailed records.
- The requester may choose to have the record duplicated upon paper, upon the same medium on which the public record is kept, or upon any other medium on which the City determines the record can reasonably be duplicated as an integral part of its normal operations.
- If a requester asks that records be delivered, the requester may be charged, in advance, the cost of postage, mailing supplies, and other costs of delivery beyond standard postage.
Section 107.08 Managing Records
- The City’s records are subject to record retention schedules. The current schedules are available at the Administration office, which is a location readily available to the public as required by Ohio Revised Code § 149.43(B)(2).
- This public records policy shall be included in the City’s employee handbook and shall be provided to record custodians who have custody of the records of their departments; the record custodians shall acknowledge receipt of a copy of this public records policy.