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Records Update, September 2010


UC Information Security Shred It Event

In conjunction with their Information Security Awareness Week to be held October 25-29, Information Security will be sponsoring another campus-wide Shred It event. On Thursday, October 28, from 9-1, departments will be able to take records that have fulfilled their retention requirements to Shred It trucks positioned in McMicken Commons and have them shredded free of charge. Please remember to submit a Certificate of Records Disposal to UC Records Management when you dispose of any records.

Details of other Awareness Week events are below. You can also access their flyer for the event at http://www.uc.edu/infosec/Student/ISAW_2010.pdf.

  • When: October 25-29
  • Where: Main Lobby of TUC
  • Time: 11am to 1pm
  • Presentations every day, 2 most days

Some of the demonstrations that will be offered:

  • Wi-Fi Cracking - Breaking through the airwaves
  • Who needs a password? Bypassing Windows Authentication
  • BaDroid – Hacking with a Rogue Android Smartphone
  • Social Engineering – Deception…The all–time best hacking tool
  • Sniffing online traffic – Stealing your online bank, e–main and Facebook accounts
  • BackTrack Mobile – Hacking into your computer from a smartphone near you

NOTE: If you have an Android SmartPhone, stop by the booth all week to learn how to secure your device

For pictures of last years event, click here


InfoSec's New Website

University of Cincinnati's Information Security has a new look for their website. Visit http://www.uc.edu/infosec/ and familiarize yourself with their new format.


Training Opportunities

Three workshops are available to UC departments. Contact Records Management to schedule a workshop at your location. Regularly scheduled sessions will be offered later in the fall. Exact dates and registration information will be released closer to the session dates.

Introduction to Records Management

During this workshop we will discuss what benefits you will receive from managing your records, UC’s records program and role as a keeper of public records, the definition of a "record," how to perform records inventories, the development of records retention schedules and proper means of records disposal.

Electronic Records

During this workshop we will discuss the unique characteristics of electronic records that require attention, retention of electronic records, recordkeeping systems, special considerations for websites, databases, and business applications, and disposal of electronic records including transfer to the University Archives.

Managing Email

During this workshop we will discuss how to determine if an email message is a university record, retention of email, the characteristics of UC's email system, managing the inbox, and storage methods.

What training opportunities would you like to see offered?


Leg & Reg

Legislative and Regulatory Affairs Affecting Records and Information Management

State of Ohio

Pubic Records Cases

State ex rel. Bardwell v. Cleveland, Slip Opinion No. 2010-Ohio-3267 - decided July15 2010

In a 7-0 decision, the Supreme Court of Ohio ruled that the Cleveland Division of Police did not violate the Ohio Public Records Act by maintaining its archive of the daily reports it receives from local pawnbrokers on 3-by-5 inch index cards – the format in which those reports are submitted by the pawnbrokers.

http://bit.ly/9jblnV

State ex rel. O'Shea & Assoc. Co., L.P.A. v. Cuyahoga Metro Hous Auth, 2010-Ohio-3416 - decided July 20, 2010 

The Ohio Court of Appeals, Eighth Appellate District, Cuyahoga County, ruled that O'Shea's request for "documents which document any and
all instances of lead poisoning in the last 15 years in any dwelling owned or operated by CMHA" was not a request for information, as argued by CHMA, but was an enforceable request for records. O'Shea was awarded $1,000.00 in statutory damages and $7,537.50 for attorney’s fees.

http://bit.ly/caEnMC

State ex rel. Rocker v. Guernsey Cty. Sheriff, Slip Op No 2010-Ohio-3288 - decided July 20, 2010

In this case the Supreme Court of Ohio ruled that some of the investigatory records compiled or accessed by the Guernsey County Sheriff’s Office during its investigation of a 2008 complaint alleging sexual abuse of a child by a priest in the 1990s are not exempt from disclosure under the Ohio Public Records Act, and those documents  must therefore be provided in redacted form to the person who filed the complaint.

http://bit.ly/9dorhU

State ex rel. Striker v. Cline, 2010-Ohio-3592 - decided August 3, 2010

In this case Raleigh M. Striker raised several claims against Alyce F. Cline, Clerk of Courts for the City of Shelby Municipal Court, and requested statutory damages and attorney fees. He claimed that the Clerk did not provide copies of public records upon request, failed to properly post the office's public records policy, and fails to time stamp documents. The Ohio Court of Appeals, Fifth Appellate District, Richland County, ruled that the first two claims were moot because the records were provided and the policy posted before this case was filed. The Court found no evidence that documents were not properly file stamped.

http://bit.ly/9fr1zd

State ex rel. Rittner v. Dir., Fulton Cty. Emergency Med. Servs., 2010-Ohio-4055 - decided August 26, 2010

The Ohio Court of Appeals, Sixth Appellate District, Fulton County, decided that a request "to provide information regarding how to search for public records" is not enforceable under Ohio Public Records Laws, since the requestor did not request public records, but merely information.

http://www.supremecourt.ohio.gov/rod/docs/pdf/6/2010/2010-ohio-4055.pdf

State ex rel. Bell v. Brooks, 2010-Ohio-4266 - decided September 9, 2010

The Ohio Court of Appeals, Tenth Appellate District, ruled that the County Risk Sharing Authority ("CORSA"), a joint self-insurance pool that provides services to public clients, is itself a private entity, and its records are therefore not subject to release under Ohio Public Records Laws.

http://www.supremecourt.ohio.gov/rod/docs/pdf/10/2010/2010-ohio-4266.pdf

Cases Involving Legal Discovery of Records

Coventry Group, Inc. v. J.L. Gottlieb Agency, Inc., 2010-Ohio-4135 - decided September 2, 2010

The Ohio Court of Appeals, Eighth Appellate District, Cuyahoga County, reversed an order of contempt given to Gottleib from the trial court in connection with their failure to respond to discovery requests. Ruling that the trial court did not provide Gottlieb with an opportunity to comply with the contempt order so as to have it lifted, the case was remanded back to the trial court.

http://www.supremecourt.ohio.gov/rod/docs/pdf/8/2010/2010-ohio-4135.pdf

Squire, Sanders & Dempsey, L.L.P. v. Givaudan Flavors Corp., Slip Opinion No. 2010-Ohio- 4469 - decided September 28, 2010

The Supreme Court of Ohio upheld a trial court decision that had compelled Givaudan Flavors Corporation to produce documents related to a breach of contract suit brought against them by their former legal representative, Squire Sanders. Givaudan objected, claiming that the documents were protected by the attorney-client privilege and the work-product doctrine, however the Supreme Court ruled that a self-protection exception permits discovery of the evidence necessary to establish a claim or defense on behalf of the attorney.

http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-ohio-4469.pdf

 

Records in the News

The links to stories provided here were active at the time of publication. News links tend to expire quickly due to Associated Press regulations. Apologies for any dead links.

Ohio, Regional & Local

Inspector General: Salt Reports Falsified In Jefferson County

The (WV) State Journal, August 4, 2010

An investigation by the Ohio Inspector General's Office reveals that a transportation manager at the O.D.O.T Garage in Wintersville altered reports tracking salt supplies.

Race is on to install electronic medical record systems
Columbus Business First, August 4, 2010
Independent physicians seeking to adopt electronic medical records without hospital or corporate backing needn’t navigate the tangle of federal regulations and vendor hype alone, yet shouldn’t give up the driver’s seat, advisers say.

Lucas County public-records mediation ends without settlement

The Toledo Blade, August 5, 2010

Mediation efforts continue in a public-records lawsuit that has reached the Ohio Supreme Court and pits leaders of the Lucas County Republican Party against the county's Board of Elections.

In turnabout, Ohio ex-con gets data on neighbors

Associated Press, August 7, 2010

Neighbors routinely get a picture and a name when a sex offender moves next door. In a turnabout, an Ohio sex offender has received private information about his neighbors, including their Social Security numbers.

Ohio public-pension funds refuse to release their data

Youngstown Vindicator, August 8, 2010

The state’s public-employee retirement systems have refused to disclose details of contributions and benefits of their 400,000 recipients, even as two of the funds seek millions in taxpayer money to stay afloat.

Public-records suits: fishing for cash?

Columbus Dispatch, August 9, 2010

Critics believe Edwin Davila finally has hit the public-records-lawsuit lottery.

Voters will be contacted to correct mis-matched information

Wilmington News Journal, August 18, 2010

Some county voters will begin receiving confirmation notices from the Clinton County Board of Elections in the next two weeks due to non-matching data discovered during the comparison of records between the Ohio Secretary of State’s statewide voter registration database and the Ohio Bureau of Motor Vehicles’ database.

City reverses course, will release law commissioner's records request
Lexington Herald-Leader, August 20, 2010

Lexington officials partially reversed course and have agreed to release an open records request made by the city's law commissioner involved in a city hall controversy.

Records on social worker's allegations are public, opinion says

Courier-Journal (Louisville), August 23, 2010

The Cabinet for Health and Family Services violated state open records law when it refused to release records related to a social worker’s allegations that child abuse and neglect cases were mishandled in her Northern Kentucky office, according to an opinion by the state Attorney General’s office.

Ohio: Fort Morrow Fire District books are a mess

Marion Star, August 25, 2010

After being declared unauditable because of missing records, the Fort Morrow Fire District board chairman is confident the fiscal clerk will get financial statements in order.

Probe: Worker's comp official told employee to doctor records

Cincinnati Enquirer, August 26, 2010

A supervisor in a Cincinnati-area state worker's compensation bureau ordered a subordinate to doctor records, a state report out Thursday says.

Patrol claims Dann case still open, shields files

Columbus Dispatch, August 29, 2010

The patrol, which contributed five investigators to the multiagency investigation of Dann's troubled term in office, still is refusing to release its investigative files, saying the case technically remains open. "Our case isn't closed yet," patrol Lt. James Wernecke said Friday. "Until the case is closed, the records aren't public."

Cuyahoga Falls board appeals ruling: District denies violating Ohio's 'Sunshine Law'

Akron Beacon Journal, August 27, 2010

The Cuyahoga Falls school board has appealed a Summit County Common Pleas decision that the board violated the state's open record laws.

Funding proposals don't include raise for historical society

Columbus Dispatch, August 31, 2010

A state panel has recommended adding a penny-per-page charge to record-copying fees charged by government agencies, a state income-tax checkoff for historical organizations and a new Civil War license plate.

Ohio Supreme Court Suspends Lawyer for Destroying Documents and Lying About It

Law.com, August 30, 2010

The Supreme Court of Ohio on Wednesday suspended the law license of a Columbus attorney for one year after finding that he destroyed confidential law firm documents then lied about it when he moved to a rival firm.

Hamilton Township trustees seek probe of detective's personnel records

Cincinnati,com, September 1, 2010

Hamilton Township trustees plan to call in an independent agency to investigate several documents in the personnel file of Hamilton Township police Lt. Jeff Braley that appear to wildly overstate his background and professional qualifications.

American Idol - Idol Contestant Bowersox's Public Records Spied On

Contact Music.com, September 10, 2010

At least two Ohio government employees have been fired after they illegally accessed confidential records containing personal information about former American Idol Crystal Bowersox, The Columbus Dispatch and the Toledo Blade reported on Thursday.

Strickland, Kasich: Open pension records

Columbus Dispatch, September 11, 2010

Gov. Ted Strickland and GOP rival John Kasich both say they support releasing records about the state's public-employee pension funds as state newspapers have requested.

OHIO To Receive Federal Matching Funds For Electronic Health Record Incentives Program

Medical News Today, September 14, 2010

In another key step to further states' role in developing a robust U.S. health information technology (HIT) infrastructure, the Centers for Medicare & Medicaid Services (CMS) announced today that Ohio's Medicaid program will receive federal matching funds for state planning activities necessary to implement the electronic health record (EHR) incentive program established by the American Recovery and Reinvestment Act of 2009 (Recovery Act). Ohio will receive approximately $2.29 million in federal matching funds.

Smitherman Sues CPS

Cincinnati.com, September 20, 2010

Cincinnati NAACP President Christopher Smitherman has filed a lawsuit against Cincinnati Public Schools, alleging the district failed to turn over public records on minority inclusion.

Eric Bledsoe's grade books missing

Kentucky.com, September 28, 2010

Maybe we'll never know the truth, the whole truth and nothing but the truth about former Kentucky player Eric Bledsoe's high school academic records.


Higher Education

Ohio/Local

Owensboro, Ky., newspaper wins records ruling

Evansville Courier & Press, August 24, 2010

A judge has ruled that the Kentucky Community and Technical College System must turn over documents related to the removal of a college president to a newspaper.

Kentucky hospital loses thousands of medical records

DOTmed News, August 24, 2010

A laptop stolen from a Kentucky hospital might be putting the privacy of patients at risk. The University of Kentucky said Sunday it was informing 2,027 patients that a laptop stolen in June might contain their personal medical information.

Wintersheimer donates papers to NKU

Cincinnati Business Courier, September 2, 2010

Retired Kentucky Supreme Court Justice Donald Wintersheimer has donated his papers and personal documents to Northern Kentucky University's Chase College of Law, according to a report in the Business Courier.

Nationwide

S.C. State still holding documents

The Post and Courier, July 29, 2010

Despite calls from some of the state's top legislators for South Carolina State University to turn over financial documents on millions in unaccounted for money for the James E. Clyburn University Transportation Center, school officials still refused to provide the information Wednesday.

Release of UI president search documents ordered

The News-Gazette, August 3, 2010

The University of Illinois can keep secret the names and applications of the recent candidates for UI president but must produce other detailed documents related to the $303,000 search, the Illinois attorney general has ruled.

Privacy breach exposes Social Security numbers of FSCJ students, employees

The Florida Times-Union, August 10, 2010

Social Security numbers and other private information belonging to students and employees at Florida State College at Jacksonville and five other state colleges might have been accessible this year because of a privacy breach at an automated library service.

1.4 million medical records destroyed in fire

KOB.com, August 12, 2010

The University of New Mexico Health Sciences Center announced Thursday that the majority of patient medical records created prior to 2005 were destroyed in a June warehouse fire.

University of Virginia Requires Annual Disclosures of Student Arrests

Diverse, August 11, 2010

The University of Virginia is requiring students to disclose whether they've been arrested or convicted of crimes each fall semester when they log in for the first time to the computer system that handles e-mail and course materials.

1.4 million medical records destroyed in fire

KOB.com, August 12, 2010

The University of New Mexico Health Sciences Center announced Thursday that the majority of patient medical records created prior to 2005 were destroyed in a June warehouse fire.

Bill seeks scrutiny for university nonprofits

Fresno Bee, August 16, 2010

Lawmakers voted unanimously to require those organizations to comply with the California Public Records Act. A loophole in the law previously has allowed the nonprofits to bypass the disclosure requirements that apply to higher education institutions.


Records Reaper Purges More Than 15 Tons of Files at U.Va.

UVA Today, August 16, 2010

The University of Virginia's Office of Records Management directed the destruction of about 31,000 pounds of paper records on July 29. These records, primarily collected at Gilmer and Carruthers halls, were reviewed before shredding by Caroline J. Walters, the University's records officer.

Blagojevich auction boxes contain client files

Associated Press, August 26, 2010

Northwestern University says files auctioned from storage units connected to ousted Illinois Gov. Rod Blagojevich include confidential attorney-client documents.


Cal State Stanislaus ordered to release documents on Palin's appearance

Las Angeles Times, August 27, 2010

A judge says officials had violated California's open records law by refusing to make public the papers involving the former Alaska governor's participation in a campus fundraiser.

New Jersey City University is digging deep into financial records in wake of staffer's arrest in $167,000 theft from Student Government Organization

NJ.com, September 1, 2010

New Jersey City University is conducting a forensic audit after discovering financial irregularities that resulted in the state Attorney General's Office filing charges against a staff member and her husband.

P.K. Yonge laptop is stolen with student, employee records

Gainesville.com, September 2, 2010

A laptop containing the personal information of more than 8,300 current and former employees and students of P.K. Yonge Development Research School was stolen last month in San Francisco, the University of Florida announced Tuesday.

BU faculty member charged with falsifying records

WCAX, September 3, 2010

A Binghamton University faculty member has been charged with falsifying business records after an investigation into his international travel receipts and reimbursements.

UW researcher sentenced after falsifying documents

The Badger Herald, September 7, 2010

A federal judge sentenced a former University of Wisconsin associate professor Friday after she pled guilty in July for making false statements on government documents.