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CITY OF BROOKLYN, OHIO RESOLUTION NO. 2025-18 INTRODUCED BY: Mayor Van Kirk, 6 |@he ¥+5, Mosley, Bovews k iy Tane les, Gvoke kK, Paees, Goyle AUTHORIZING THE LAW DIRECTOR TO AMEND THE CITY OF BROOKLYN’S PUBLIC RECORDS POLICY IN ORDER TO CARRY INTO EFFECT, UNDER A NEW STATE LAW, CHARGES FOR THE ACTUAL COST OF PRODUCING LAW ENFORCEMENT VIDEO RECORDS; AND DECLARING AN EMERGENCY WHEREAS, H.B. 315, which was signed into law earlier in 2025 and was in relevant part effective on April 3, 2025, authorizes a state or local law enforcement agency to charge a requester the actual cost associated with preparing a law enforcement video record for inspection or production, not to exceed $75 per hour of video produced, or $750 total; and WHEREAS, the act defines “actual cost,” with respect to video records only, to mean all costs incurred by the state or local law enforcement agency in reviewing, blurring or otherwise obscuring, redacting, uploading, or producing the video records, including but not limited to the storage medium on which the record is produced, staff time, and any other relevant overhead necessary to comply with the request; and WHEREAS, the act authorizes an agency to include in its public records policy the requirement that a requester pay the estimated actual cost before beginning the process of preparing a video record for inspection or production; and WHEREAS, under the act, where a state or local law enforcement agency imposes such a requirement, its obligation to produce a video or make it available for inspection begins once the estimated actual cost is paid in full by the requester, provided that the agency provides the requester with the estimated actual cost within five business days of receipt of the public records request; and WHEREAS, under the act, if the actual cost exceeds the estimated actual cost, a state or local law enforcement agency may charge a requester for the difference upon fulfilling a request for video records if the requester is notified in advance that the actual cost may be up to 20 percent higher than the estimated actual cost; provided, however, that the difference in the amount charged may not be more than 20 percent higher than the estimated cost; and WHEREAS, under the act, when considering whether a state or local law enforcement agency promptly prepared a video record for inspection or provided a video record for production within a reasonable time, in addition to any other factors, a court must consider the time required for a state or local law enforcement agency to retrieve, download, review, redact, seek legal advice regarding, and produce the video record; and WHEREAS, due to the dramatic rise in the number of requests for law enforcement video records, including body-worn camera and dash-camera videos, and the impact on staff time and resources, it is appropriate to authorize the law director to amend the city’s public records policy in order to carry into effect, under H.B. 315, charges for the actual cost of producing law enforcement video records; and WHEREAS, the Council finds, determines and declares that this Resolution is promulgated under the general police power of the city under the Ohio Constitution, for the preservation of the public peace, health, safety and general welfare and that it is in the best interests of the city, its inhabitants and visitors, and that it is an emergency in order to permit the implementation of the new law immediately before additional staff time and resources are exhausted; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BROOKLYN, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. The law director is authorized to amend the City’s public records policy in order to carry into effect, under H.B. 315, charges for the actual cost of producing law enforcement video records, not to exceed $75 per hour of video produced, or $750 total, and further subject to the remaining provisions of the act related to law enforcement video records. SECTION 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. SECTION 3. This resolution is hereby declared to be an emergency measure for the reasons stated in its preamble; and provided it receives the affirmative vote of two-thirds (2/3) of all members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise, it shall take effect and be in force from and after the earliest period allowed by law. Apoptep: “ / 2 4 / ZO2 8 APPROVED: u/ 24/ Z028 I wai ~ Clerk of Council Approved to as Legal Form tof ern aes Cite PRESIDENT OF COUNCIL Law Director [st Viadkie suspurdad Filed with the Mayor: z. me V Lh “i, ; S KS p LA. b Jey] 207 Zvd Viol Ulhe