Records Update, February 2010
Educational Opportunities
Workshops
The next Introduction to Records Management Workshops will be held in April. This year UC Records Management will be offering an expanded set of workshops during April to celebrate Records and Iinformation Management Month. Workshops may cover topics such as Email Management, Managing Electronic Records, and Records Retention and Disposition. More information will be forthcoming.
ARMA Chapter Meetings
Cincinnati
March 9, 2010 - "Taking Charge: Action-Oriented Response to Organization Change" with Diane Stegmeier, founder of Stegmeier Consulting Group and author of Innovations in Office Design: The Critical Influence Approach to Effective Work Environments
For more information see their website at http://www.cincyarma.com/cincinnati/meeting.html
Dayton
February 23, 2010 - "Scanning In-House" with Steve Rottert of Business Data Solutions
For more information see their website at http://www.greaterdaytonarma.org/meetings.html
ARMA meetings are open to non-members. Please see the individual chapter website for fee and registration information.
Leg & Reg
Federal Register, Department of Health and Human Services, January 13, 2010
Interim Rule, Health Information Technology: Initial Set of Standards, Implementation Specifications, and Certification Criteria for Electronic Health Record Technology
The Department of Health and Human Services (HHS) is issuing this interim final rule with a request for comments to adopt an initial set of standards, implementation specifications, and certification criteria, as required by section 3004(b)(1) of the Public Health Service Act.
Effective Date: This interim final
rule is effective February 12, 2010.
Comment Date: Written or electronic
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on March 15, 2010.
The fule text of the interim final rule can be found at http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=992722338466+5+2+0&WAISaction=retrieve.
State ex rel. Barb v. Cuyahoga Cty. Jury Commr., Slip Opinion No. 2010-Ohio-120.
In this case the Supreme Court of Ohio affirmed the decision of the appeals court to deny a writ of mandamus to compel the Cuyahoga County to produce records of prospective and seated jurors in cases in which the appellant was a defendant. The court found that as a defendant the appelant was not entitled to the requested records because he did not comply with R.C.149.43(B)(8), which requires a finding by the defendant's sentencing judge or the judge’s successor that the requested information is necessary to support what appears to be a justiciable claim.
The decision can be found at http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2010/2010-ohio-120.pdf.
Decided January 21, 2010
Walker v. Ohio State Univ. Bd. of Trustees, 2010-Ohio-373.
In this case the Court of Appeals of Ohio, Tenth Appellate District, upheald the decision of the Franklin County Court of Common Pleas that survey records created during a research study conducted by the Ohio State University were not public records under the Ohio Public Records Act, and that the plaintiff was therefore not aggrieved by the destruction of the records. The records in this case were deemed "intellectual property" by the court, making them exceptions to the Public Records Act. The plaintiff went on to argue that even if they were not public records, the university disposed of the records in violation of ORC 149.351, "Prohibiting destruction or damage of records," and sought recovery for $4,760,000 ($1000 for each of the four pages of the 1,190 completed surveys) under ORC 149.351(B)(2). The court denied the claim, finding that since the surveys were not public records and the plaintiff was not entitled to them, she was not aggrieved by thier destruction and could not file under ORC 149.351.
The decision can be found at http://www.supremecourt.ohio.gov/rod/docs/pdf/10/2010/2010-ohio-373.pdf.
Decided February 4, 2010
Cleveland Constr., Inc. v. Villanueva, 2010-Ohio-444.
In this case, the Court of Appeals of Ohio, Eighth Appellate District, granted a motion to dismiss a demand for the release of public records filed by Cleveland Construction Inc.(CCI) against Judge Jose A. Villanueva. The records sought were related to correspondence that was part of a civil action in the Cuyahoga Cty. Court of Common Pleas. While CCI had previously been given invoices related to the case via a public records request, the series of correspondence was deemed not to be a court record open to public accerss under the Rules of Superintendence for the Courts of Ohio 44-47, which govern the direct and remote access by the public to court records.
The decision can be found at http://www.supremecourt.ohio.gov/rod/docs/pdf/8/2010/2010-ohio-444.pdf
Decided February 8, 2010
State ex rel. Striker v. Smith, 2010-Ohio-457.
In this case, decided in the Court of Appeals of Richland County, Ohio, Fifth Appellate District, Raleigh M. Striker claimed that Clerk of Courts Daniel F. Smith did not provide copies of public records
promptly upon request and that the Clerk's public records policy was not
properly posted.The court found in favor of the Clerk on the first point, noting that the records were released 13 days after Mr. Striker's request, and since he had recieved the records he had no basis on which to file a claim. The court did find that although a poster stating the agency's public records policy was posted in the building, it was not within a sufficient location in the Clerk's office to comply with R.C. 149.43(E)(2), which requiers agencies to have a poster "in a conspicuous place in the public office." A writ of mandamus was issued to compel the Clerk to post the public records policy in the Clerk's office.
The decision can be found at http://www.supremecourt.ohio.gov/rod/docs/pdf/5/2010/2010-ohio-457.pdf
Decided February 8, 2010
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.
Local & Regional News
Hocking College worker paid salary for waiting
Columbus Dispatch, January 10, 2010
A Hocking College administrator assigned to write a history of the college from her home has done little to earn her salary, records show.
City council trims plan to buy Kindle e-readers
Cincinnati.com, Jaunary 10, 2009
Cincinnati won't buy Kindle e-readers for all its elected officials after all - backlash over the new technology appears to have killed the idea a majority of council approved last month.
Woman doctored records to fake cancer
Cincinnati.com, January 15, 2010
[Kelly Von Lehmden] admitted in court Thursday that she tampered with medical documents to make it look like a doctor diagnosed her with breast cancer.
Ohio court protects medical records
American Medical News, January 18, 2010
A recent Ohio appeals court ruling reaffirmed the state's physician-patient privilege statute.
Ohio University admits slip-up in computer security
Columbus Dispatch, January 15, 2010
Computers at two Ohio University campuses contained Social Security numbers that weren't encrypted or protected from theft, internal auditors told university trustees yesterday.
Grant aims to bolster police records network
Nky.com, January 6, 2010
A records management system that links several Northern Kentucky law enforcement agencies and makes it easier for them to share information will get $30,000 in federal funds for upgrades and further software development.
Post Tribune of Northwest Indiana, January 15, 2010
The legislature is finally considering giving some teeth to [Indiana’s] public records law -- even if it's baby teeth.
Bank accuses ex-exec of falsifying records
Cincinnati.com, January 21, 2010
READING - Valley Central Savings Bank is accusing its former top executive of falsifying loan and accounting records uncovered in a regulatory examination last spring.
Public records lawsuit against city delayed
Zanesville Times Recorder, January 22, 2010
A public records lawsuit -- filed by the uncle of a Zanesville woman who was struck by a car at the intersection of Maple Avenue and Brandywine Boulevard and later died -- has been continued.
Police subpoena personnel records from Garfield Heights City Hall
Cleveland.com, January 22, 2010
The Cuyahoga County Sheriff's Department subpoenaed records from Garfield Heights City Hall this week as part of an investigation into a former employee, Mayor Vic Collova said.
Auditors issue findings, criticize Sabina's records
Wilmington News Journal, January 21, 2010
In the State of Ohio's audit of the Village of Sabina's financial records for 2007-08, there were several findings of improperly disbursed money that must be repaid. Further, the state auditors said council during those years should have been watching the village's financial activity more closely.
Media denied access to public records
The Sandusky Register, January 21, 2010
Just days into the New Year, the Sandusky Register still waits for a number of local or state public agencies to fulfill public records requests the newspaper made in 2009.
Former Sheriff Gerald McFaul's campaign finance records back online, too
Cuyahoga County Insider with The Plain Dealer, January 12, 2010
Cuyahoga County elections officials have finished efforts to restore online access to campaign finance reports.
Ohio Auditor of State Website, January 22, 2010
Sandusky County - An investigation led by Auditor of State Mary Taylor’s office today resulted in an eight-year prison sentence for Todd Helms, former superintendent of the Clyde-Green Springs Exempted Village Local School District. Helms, 45, of Clyde, Ohio, was convicted in November 2009 on 10 counts including theft in office, filing a false or fraudulent tax return, tampering with records, engaging in a pattern of corrupt activity and six counts of theft.
County records manager rejected request to destroy foreclosure files
Dayton Daily News, January 29, 2010
When a request to destroy foreclosure sales records kept by Montgomery County Sheriff Phil Plummer crossed Deborah Andrews desk on Jan. 20, the county records manager immediately flagged it for rejection.
Ohio Supreme Court rejects appeal in GOP records case
Toledo Blade, January 27, 2010
The Ohio Supreme Court on Wednesday dismissed an appeal on a public records case brought by an associate of embattled Lucas County Republican Party Chairman Jon Stainbrook.
Studying Electronic Record Filing for WV Court Clerks
WHSV.com, February 4, 2010
A committee of circuit court clerks is considering how and whether to eliminate duplicative paper filings of judges' orders.
Former Steelworkers leader accused of falsifying records
CantonRep.com, January 28, 2010
The former president of Steelworkers Local 1200 is to appear in federal court Monday on a charge that she made false entries in union records.
Closed Columbus Charter Schools Failed to Document $4 Million in Spending
Ohio Auditor of State Website, February 4, 2010
Auditor of State Mary Taylor today released the financial audits of the now defunct Harte School and Crossroads Preparatory Academy. The reports indicate that the two Columbus charter schools – founded and managed by the same person – were plagued by financial mismanagement and poor record-keeping which resulted in more than $4 million in undocumented spending.
Cleveland.com, February 11, 2010
Essa’s phone and computer records took center stage in this morning’s session with testimony from a forensic computer analyst and a records keeper from Verizon Wireless.
Company Fined Over Immigration Violations At Fairfield Plant
WLWT.com, February 12, 1010
The fine relates to I-9 violations at Koch's Fairfield facility. The company has cooperated with ICE in the investigation employing the use of E-Verify and ensuring that its policies and procedures are in compliance with legal requirements
Missing Records At Former Charter School
WHIOTV.com, February 11, 2010
Auditor of State Mary Taylor has released the final financial audit of Urban Youth Academy, a Springfield-based charter school that closed in May 2008. The report indicates that the school was plagued by poor record-keeping and missing records that resulted in findings for recovery of more than $241,000 in undocumented spending of public funds.
Elyria business consultant pleads guilty to altering workers' comp medical records
Crain's Cleveland Business, Feburary 12, 2010A business consultant in Elyria who altered the medical reports of state workers' compensation claimants has pleaded guilty to fraud, forgery and tampering with records.
Checks of voter records coming
Columbus Dispatch, February 8, 2010
The controversy in 2008 surrounded what elections officials should do when personal information from newly registered voters does not match records at the Ohio Bureau of Motor Vehicles or the Social Security Administration after an automatic computer check required by a 2001 federal law.
Former jail guard gets probation: Faced charges of tampering with dead inmate’s records
Trib Today (Warren), February 11, 2010
A former Trumbull County corrections officer apologized Wednesday to the Sheriff's Office before he was placed on two years of probation for tampering with jail records of a man who died in the lockup after ingesting drugs.
Higher Education News
Hopkins Shares Too Much Information in Faculty Search
Inside Higher Ed, January 4, 2010
The history department at Johns Hopkins University angered many of those applying for a faculty job in early modern European history last month by letting all 106 applicants for the coveted position know who had applied. An e-mail with an update on the status of the search didn't use the normal blind copy option, but included e-mail addresses for everyone.
Drexel U. Brings On a New Wave of Applicants
Chronicle of Higher Education, January 10, 2010
Each day brings a flood of paper. On a Tuesday afternoon another wave of documents—high-school transcripts, test-score reports, letters of recommendation—has hit Drexel University's application-processing center.
The Cost of Academic Reporting
Inside Higher Ed, January 15, 2010
Officials from small, tuition-driven colleges criticized a pilot program to gather the graduation rates of athletes from Division III institutions Thursday at the annual convention of the National Collegiate Athletic Association, arguing that they cannot bear the cost of additional data collection.
Online Classes Enable Looting of Student Aid $539,000 fraud in Arizona highlights wider problems
The Chronicle of Higher Education, January 17, 2010
Social Security numbers. Tax returns. High-school diplomas. Ms. Halton used those records in a scheme that defrauded the federal government of about $539,000 in student-aid dollars—a scheme that involved dozens of people recruited to pose as phony "straw" students at Rio Salado College, according to court records.
MU professor gave Perdue info to AFT
The Charleston Gazette, January 23, 2010
Late last summer, when Professor Laura Wyant argued with Marshall University officials about who should assign two grades to Emily Perdue, Wyant asked the American Federation of Teachers for advice.West Virginia State Treasurer John Perdue, who is Emily's father, and Perdue's lawyer Benjamin L. Bailey believe that communication may violate federal law which prohibits faculty from releasing or discussing grades earned by any student with anyone except that student or university officials.
Education Department Official Calls for More Transparency in Accreditation
The Chronicle of Higher Education, January 26, 2010
Martha J. Kanter, the No. 2 official in the U.S. Education Department, took higher-education accrediting organizations to task on Tuesday for being too secretive about how they assess colleges and for using outmoded standards that don't give enough weight to measuring student learning.
States Collect Information on Students, Report Says, but Don't Use It Enough
The Chronicle of Higher Education, January 29, 2010
States have made steady advances in building data systems that can track the progress of individual students from preschool through college and into the work force. But most states are not yet using that information to guide policies on improving education, according to a report on a national survey released on Friday.
Inside Higer Ed, February 1, 2010
The U.S. Education Department has fired the top federal official charged with protecting student privacy, in what the dismissed official says was a conflict with the agency's political leaders over their zeal to encourage the collection of data about students' academic performance.
Edward Waters has tough new confidentiality requirements
Jacksonville.com, February 1, 2010
The institution with the smallest student enrollment in Northeast Florida, Edward Waters College, has the most stringent employee confidentiality requirements that include possible fines of $5,000 a day. The Edward Waters agreement, revised this month, is mandatory and classifies all on-campus material as confidential data. That includes employee records, policy documents and even in-class material unless otherwise approved for release.
Penn State Panel Finds Climate Researcher Did Not Falsify Data, but Inquiry Continues
The Chronicle of Higher Education, February 3, 2010
A prominent climate scientist at Pennsylvania State University has been cleared of falsifying data and most accusations of scientific misconduct by a panel of university administrators, but the officials decided to look more closely into possible errant behavior.
Brock student information inadvertently posted to web
St. Catharines Standard (Canada), February 4, 2010
Brock University officials scrambled this week to secure the private information of thousands of students that was inadvertently put up on the Internet.
Education Department Develops Strategy for Student-Record Databases
The Chronicle of Higher Education, February 11, 2010
The Obama administration is stepping up its drive to compile detailed records on all students from preschool through adult employment, forming a panel of "national experts" to find ways of creating such databases while resolving political and legal concerns over privacy.
Records of students to go online
The Time of India, February 8, 2010
The wait for getting the testimonials attested by the authorities of Allahabad University may end as it has been decided to post the
records pertaining to ex-students on online. Once implemented, employers who wants to verify the testimonials like marksheet or degree issued by the university can do so with a click of the mouse.