Question: Should new section be added to create a Public Records Review Board to review decisions concerning the withholding of public records and determine records that cannot be provided in an electronic format; and to require the Mayor to cause City public records to be available for examination and download at any time and at no charge through a single computer network site except for records exempted by law or the Board by January 1, 2011?

Proposed language:

§ 75-1     Public Records Review Board; Internet Access to Records [NEW]

(a) There shall be a Public Records Review Board composed of two members appointed by the Mayor, two members appointed by City Council and one member appointed by the presiding judge of the Cleveland Municipal Court. The term of the members shall be four (4) years, except that the initial appointment of one of the members appointed by the Mayor and one of the members appointed by City Council shall be two (2) years. Vacancies on the Board shall be filled in the same manner for the expired term. The Chair of the Board shall be selected by a majority vote of the Board members.

(b) Any public record of the City, as defined by the general laws of the state, shall be made readily available to the public in electronic form as described in division (c) of this section except when 1) the release of the record by the City is contrary to federal or state law; and 2) the withholding of the record is permitted by state law and the Public Records Review Board determines that there is a compelling public interest in withholding the record.

(c) On or before January 1, 2011, the Mayor shall cause all public records of the administrative service to be available for examination and download at any time and at no charge through a single public internet site except for records determined by the Board to be exempt because of age or the inability to convert the record into an electronic format. Any questions concerning the applicability of the requirement of this section to a specific record shall be determined by the Board.

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