Web Site Policies and Terms of Use
TERMS OF USE
By visiting this site, you are accepting these terms of use, including the following policies and practices. This notice and these policies may be modified from time to time without notice, so please check back periodically. This notice covers the following topics:
A. Information Disclaimer
By visiting this site, you understand and agree that the “Mantua Township” site is provided "AS IS". “Mantua Township” makes every effort to provide accurate and complete information on this web site. The information contained herein is not official nor in any way shall it be deemed to constitute legal notice where such legal notice is required by law. The information contained in this site is provided as a service and convenience to people needing information about “Mantua Township”. Portions of the information on this site may be incorrect or not current. “Mantua Township”, its officers, employees or agents shall not be liable for damages or losses of any kind arising out of or in connection with the use or performance of information, including but not limited to, damages or losses caused by reliance upon the accuracy or timeliness of any such information, or damages incurred from the viewing, distributing, or copying of those materials.
B. Linking Policy
Links To External Sites
The “Mantua Township” site may contain links to outside web sites. These web sites are not owned, operated, controlled or reviewed by “Mantua Township”. These links are provided solely as a courtesy and convenience to you, the visitor.
“Mantua Township”, its officers or employees, exercise no control over the organizations, views, accuracy, copyright or trademark, compliance or the legality of the material contained in these outside web sites. “Mantua Township”, its officers or employees, do not sponsor, endorse, or approve the information, content, proceeds, materials, opinions or services contained on such outside web sites. The visitor proceeds to these outside web sites at his/her own risk. “Mantua Township” specifically disclaims any and all liability from damages, which may result from the accessing of a third-party site, which is linked to the “Mantua Township” web site or from reliance upon only such information.
One purpose of this policy is to identify the criteria and conditions by which “Mantua Township”provides links to external websites. Consistent with “Mantua Township”s overall Website Terms of Use Policy, “Mantua Township”s primary purpose for linking to external websites is for “Mantua Township” to provide information to the public regarding services available to the public from Township government, as well as information regarding services available to the public from other governmental agencies and private organizations in partnership with the Township. Thus, the Township is not establishing a forum for others to provide information. Rather, the Township is providing information to direct website users to resources outside the Township which provide services to the general public which are complementary to and in support of the services provided by the Township.
This policy governs the creation of implied or explicit links to external websites from images, notices, and other communications on any “Mantua Township” website. Such links include:
The Township may establish links on its website to external sites, provided that each external site meets at least one of the following criteria:
Other than links to other governmental agencies, all links to external sites must be approved by the Township Board of Trustees.
Links FROM External Sites
If you link to the “Mantua Township” site, you must abide by the following practices:
If you decide to link to us, we would like to know about it. Please e-mail the webmaster.
C. Endorsement Disclaimer
Reference in this web site to any specific commercial products, processes, or services, or the use of any trade firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by “Mantua Township” or its officers, employees or agents.
D. Copyright and Trademark Limitations
“Mantua Township” makes no warranty that materials contained herein are free of copyright or trademark claims or other restrictions or limitations on free use or display. Making a copy of such material may be subject to copyright or trademark laws.
E. Use of material from this site
“Mantua Township” has made the content of these pages available to the public and anyone may view, copy or distribute “Mantua Township” information found here without obligation to “Mantua Township” for non-commercial, personal use only, unless otherwise stated on particular material or information to which a restriction on free use may apply.
The design of this site, original graphics, and original content are all copyrighted by “Mantua Township” and may not be re-engineered, distributed, modified, transmitted, re-used, reposted, or duplicated without the express written permission of “Mantua Township” in each instance. All requests to use any part of the original design, code, graphics or content of this site should be made via e-mail to the webmaster.
F. Unauthorized Modifications
Unauthorized attempts to modify or otherwise alter any information or image stored on the “Mantua Township” web site may result in criminal prosecution.
PRIVACY NOTICE AND POLICY
This statement addresses collection, use and security of and access to information that may be obtained through the use of the “Mantua Township” web site. This notice may be modified from time to time without notice, so please check back periodically. This notice covers the following topics:
A. Information Collected and How It Is Used
Automatically Collected and Stored Information
If you do nothing during your visit but browse through the web site, read pages, or download information, we will gather and store certain information about your visit automatically. This information does not identify you personally. We automatically collect and store the following types of information about your visit:
We use this information to help us make our site more useful to our visitors - to learn about the number of visitors to our site, the type of technology our visitors use, and the information they are looking for when visiting our site. We do not track or record personally identifiable information about individuals and their visits.
If You Send Us Personal Information
If you choose to provide us with personal information (for example, you send an e-mail to a Township employee), or you fill out a form with your personal information in it and submit it to us through this web site, we will use that information to respond to your e-mail and to help us get you the information you requested. We will only share that information with another governmental agency if your inquiry requires us to contact that agency to provide an answer to your inquiry. We do not create individual profiles with the information you provide nor will we give it to any private organizations. “Mantua Township” does not provide its mailing list or web site generated information for any commercial purpose.
B. Personally Identifiable Information (PII) and Choice
You may choose whether to provide personally identifiable information on-line.
"Personally identifiable information" (PII) is information about a natural person that is readily identifiable to that specific individual. PII includes such things as an individual's name, address, and phone number. A domain name or IP address is not considered personally identifiable information.
We collect no PII about you unless you voluntarily provide it to us by sending us e-mail, participating in a survey, or completing an on-line form. You may choose not to contact us by e-mail, participate in a survey, or provide any PII using an on-line form. Your choice not to participate in these activities will not impair your browsing of the “Mantua Township” web site, nor will it preclude you from reading or downloading any information provided on our web site.
Privacy Warning
E-mail is not a secure medium. Personally identifiable information sent via the Internet can be intercepted. You may, therefore, wish to reconsider the advisability of sending messages that contain sensitive, personal information to e-mail addresses on this web site.
“Mantua Township” has no intention of releasing 'personal information' sent to us voluntarily, but may be required to do so pursuant to a request under the Right to Know law, the common law Right to Know, the Open Public Records Act, or other State or Federal law or pursuant to court order.
If you believe that your personal information is being used for a purpose other than what was intended when submitted, you may contact the Township Administrator of “Mantua Township”.
Kids Pages
“Mantua Township” is especially concerned about protecting children's privacy. We hope parents and teachers are involved in children's Internet explorations. It is particularly important for parents to guide their children when children are asked to provide personal information on-line. The“Mantua Township” web site pages for children do not ask children to provide any information to us.
C. Public Access to Information
In the State of Ohio, laws exist to ensure that government is open and that the public has a right to access appropriate records and information possessed by state or local government agencies. At the same time, there are exceptions to the public's right to access public records that serve various needs including the privacy of individuals. Exceptions are provided in both State and Federal laws.
All the information collected at this site becomes public record that may be subject to inspection and copying by members of the public, unless an exemption in law exists.
D. Cookies
This site does not use cookies. Cookies are simple text files store on your computer by Internet web sites to improve your future visits and enhance customer service. Should “Mantua Township”choose in the future to use cookies, they will not contain personally identifying information and will expire at the end of the web-surfing session or after a fixed period of time.
E. Security
“Mantua Township”, as developer and manager of this web site, has taken several steps to safeguard the integrity of its data and to prevent unauthorized access to information maintained. These measures are designed and intended to prevent corruption of data, to block unknown or unauthorized access to our network, systems and information, and to provide reasonable protection of private information in our possession.
Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes are prohibited.
F. Disclaimer
The “Mantua Township” web site and materials may contain hyperlinks to other Internet sites which are not owned, operated, controlled, or reviewed by “Mantua Township”. These links are provided solely as a courtesy and convenience to you, the visitor. When you link to one of these sites, you are no longer on the “Mantua Township” web site and this Privacy Notice will no longer apply. When you link to another site, you are subject to the privacy policy of that site.
“Mantua Township”, its agencies, officers or employees exercise no control over the organizations, views, accuracy, copyright, or trademark compliance or the legality of the material contained on those servers and do not sponsor, endorse, or approve the information, content, products, materials, opinions or services contained on such external sites. The visitor proceeds to these external sites at his/her own risk. “Mantua Township” specifically disclaims any and all liability from damages which may result from the accessing of a third party site which is linked to the “Mantua Township” web site, or from reliance upon any such information.
G. Contact Information
Please direct any questions about this privacy policy, or the “Mantua Township” web site in general, to the Mantua Township Trustees.
WEB SITE ACCESSIBILITY
“Mantua Township” has endeavored to make this site accessible to the widest variety of users with differing needs by using various technologies. This site pursues the following standards for content delivery and accessibility:
All pages are designed with Web Content Accessibility Guidelines in mind. Care has been taken to have sufficient contrast in typed matter for readability. Visitor browser preferences may affect the site's appearance somewhat but efforts have been made to retain the sites overall visual layout.
Please direct any questions about this accessibility policy, or the“Mantua Township”web site in general, to the Mantua Township Trustees.
PUBLIC RECORDS POLICY OF
MANTUA TOWNSHIP, PORTAGE COUNTY
Adopted Jan 2011
Introduction:
It is the policy of MANTUA Township in PORTAGE County that openness leads to a better informed citizenry, which leads to more transparent government and sounder public policy. It is our policy to strictly adhere to the state’s Public Records Act as well as other state and federal laws.
Ohio’s Public Records Act imposes two primary obligations upon public offices:
The Public Records Act evolved from the principle that Ohio’s citizens are entitled to access the records of their government. We agree that to advance that principle, the Public Records Act should be interpreted liberally in favor of disclosure.
Section 1. Public records
Under Ohio law, a public office may only create records that are necessary for the adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the agency and for the protection of the legal and financial rights of the state and persons directly affect by the agency’s activities. (R.C. 149.40).
in accordance with the Ohio Revised Code and court rulings, “records” are defined as those items that meet all of the following:
The determination of whether a specific item constitutes a “record” will depend on the facts and circumstances surrounding the particular item requested. The Ohio Supreme Court has imposed an actual use standard in defining a “record,” which means that an item is not automatically a “record” simply because the public office could (but did not) use a document it received to carry out its duties and responsibilities.
Furthermore, a public office is not required to create new records to respond to a public records request, even if it is only a matter of compiling information from existing records.
Section 1.1
It is the policy of MANTUA Township in PORTAGE County that, as required by Ohio law, records will be organized and maintained so that they are made available for inspection to any person at all reasonable times during regular business hours. (R.C. 149.43(B)(1).
Copies will be made available upon request within a reasonable period of time. (R.C. 149.43(B)(1)).
A current record retention schedule will be readily available to the public upon request. (R.C. 149.43(B)(2))
Section 1.2
Not all of MANTUA TOWNSHIP’s records are “public records.” Certain records are exempt from the Public Records Act. Exempt records include records: (1) the release of which is prohibited by state or federal law, or 2) that are subject to an express exception set forth in Ohio’s Public Records Act, which may be released only if MANTUA TOWNSHIP decides to waive the express exception.
Examples of records, the release of which is prohibited by state or federal law, include, but are not limited to, the following:
Attorney-client privileged information;
Records of a Certified Public Accountant or public accountant in the performance of an audit of a public office (R.C. 4701.19(B));
Federal tax returns (26 U.S.C. 6103(a));
Criminal background information and other law enforcement information on the LEADS/CCH/NCIC computer database (42 U.S.C. 3789g);
Records that have been sealed pursuant to a statutorily authorized court order (i.e. R.C. 2953.52);
Peace officer’s home address during the pendency of a criminal case in which the officer is a witness or arresting officer (R.C. 2921.24(A)); and
Employees’ and their family members records that were created for purposes of the Family Medical Leave Act or the Americans with Disabilities Act (29 CFR 825.500(g) and 1630.14(c)(1)).
The exemptions to the Public Records Act will be narrowly construed by this office in the favor of disclosure. This office may seek a legal review prior to determining whether or not an exception applies.
Section 2. Record requests
Each request for public records should be evaluated for a response using the following guidelines:
Section 2.1
Although no specific language is required to make a request, the requester must at least identify the records requested with sufficient clarity to allow this office to identify, retrieve, and review the records. If a requester makes an ambiguous or overly broad request or has difficulty in making a request for copies or inspection of public records such that this office cannot reasonably identify what public records are being requested, then this office may deny the request. In such case, this office will provide the requester with an opportunity to revise the request by informing him/her of the manner in which records are maintained by the office and accessed in the ordinary course of this office’s duties. (R.C. 149.43(B)(2)).
Section 2.2
The requester does not have to put a records request in writing, and does not have to provide his/her identity or the intended use of the requested public record. However, the records custodian may ask for a written request and may ask for the requestor’s identity and/or intended use of the information requested if (1) it would benefit the requestor by helping the public office identify, locate or deliver the records being sought, and (2) the requestor is informed that a written request and the requestor’s identity and intended use of the information requested are not required. (R.C. 149.43(B)(5)).
Section 2.21
This office will permit a requester to choose to have the public record duplicated upon paper, upon the same medium which this office keeps it, or upon any other medium which this office determines that it reasonably can be duplicated as an integral part of the normal operations of this office. This office is not required to allow the requester to make the copies of the public record. (R.C. 149.43(B)(6)).
Section 2.3
Public records should be available for inspection at all reasonable times during regular business hours, however an appointment must be made. Public records should be made available for inspection promptly. (R.C. 149.43(B)(1). To the extent that an office may operate 24-hours-a-day, the records of that office will be made available for inspection during normal administrative hours.
Copies of public records should be made available within a reasonable period of time. (R.C. 149.43(B)(1)).
The determination of the terms “prompt” and “reasonable” take into account the volume of records requested; the proximity of the location where the records are stored; and the necessity for any legal review of the records requested.
Section 2.4
Each request should be evaluated for an estimated length of time required to gather the records. Routine requests for records should be satisfied immediately if feasible to do so. Routine requests include, but are not limited to, meeting minutes (both in draft and final form), resolutions, budgets, etc.
Section 2.5
Upon request, this office will provide copies of public records to a requester by United States mail or by any other delivery means or transmission that this office deems reasonable, at cost. (R.C. 149.43(B)(7)).
Section 2.6
Any denial of public records requested, in part or in whole, should include an explanation, including legal authority, as to why the request was denied. If the initial request was provided in writing, the explanation for denial will be provided to the requester in writing. (R.C. 149.43(B)(3)).
If portions of a record are public and portions are exempt, the exempt portions should be redacted and the rest released. If there are redactions, the office will notify the requester of any redaction or make the redaction plainly visible. Each redaction should be accompanied by a supporting explanation, including legal authority, as to why the redaction was made. (R.C. 149.43(B)(1) and (2)).
Section 2.7
This office has no duty to provide records acquired after a request for records is complete.
Section 3. Costs for Public Records
Those seeking public records should be charged only the actual cost of making copies, unless the cost is otherwise set by statute. (R.C. 149.43(B)(1)). Employee time should not be calculated into the charge for copying a public record. However, in the event that circumstances make it reasonable for this office to hire an outside contractor to make copies of requested records, the requester will be charged the actual cost paid to the outside contractor for the copying service. (R.C. 149.43(F)(2)(a)). These circumstances may include but not be limited to a lack of in-house photocopying resources or labor.
This office has no duty to provide copies of public records free of charge to someone who indicates an inability or unwillingness to pay for them.
Section 3.1
The charge for black & white paper copies is ten cents per page, color copies are twenty cents per page, and data cd’s are seventy-five cents per disk. The cost of public records may be modified from time to time by Trustee resolution. The cost is intended to cover the cost of the copies provided.
Section 3.2
This office may require a requester to pay in advance the cost involved in providing the copy of the public record, as requested. (R.C. 149.43(B)(6)).
Any person who, upon being notified that a request for copies of records is complete and ready to be picked up, fails to pick up said copies within 30 days, may be required to prepay for copies before requests are fulfilled in the future.
Section 3.3
There may be instances when this office may be able to provide copies made in-house without disrupting its normal functions, but only over an extended period of time. In that instance, this office may offer the requester the options of (1) having the documents produced through a faster method by employing temporary personnel and equipment, (2) using an external private contractor, or (3) having the documents produced in-house by this public office’s normal staff and equipment in a less efficient and more time-consuming manner.
Section 4. Failure to respond to a public records request
This office recognizes the legal and non-legal consequences of failure to properly respond to a public records request. In addition to the distrust in government that failure to comply may cause, this office’s failure to comply with a request may result in the requester commencing a mandamus action against this office in either the court of common pleas, in the court of appeals, or in the Supreme Court of Ohio. The court may order this office to comply with the Public Records Act, as well as order this office to pay statutory damages of one hundred dollars for each business day (beginning with the day the requester files the mandamus action) during which this public office failed to comply (up to a maximum of one thousand dollars), as well as court costs and the requester’s reasonable attorney fees.
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