Records Requests
It is the policy of the City of McMinnville to respond to requests for public records without unreasonable delay, in an orderly, consistent and reasonable manner in accordance with the Oregon Public Records Law.
Public record means “any information that is prepared, owned, used, or retained by a state agency or political subdivision; and relates to an activity, transaction or function of a state agency or political subdivision; and is necessary to satisfy the fiscal, legal, administrative or historical policies, requirement or needs of the state agency or political subdivision” (ORS 192.005). A public record does “not include any writing that does not relate to the conduct of the public’s business, and that is contained on a privately owned computer” (www.oregonlegislature.gov).
Public bodies are not obligated to create new public records in order to respond, nor develop or acquire software or programs to retrieve requested information. The City has no duty to supplement responses, nor hold current requests open to respond to requests for records that may be created in the future. A new request must be made to obtain later-created public records.
The City has a duty to allow the inspection and copying of an existing nonexempt public record. The City is obligated to provide public records in the format in which they exist. The City will provide records in alternative format at no cost, if necessary to provide reasonable accommodation to persons with disabilities.
Certain records are exempt from disclosure and some public records are conditionally exempt from disclosure. A determination based on any exemption will be made after review and advice from the City Attorney. A listing of public record exemptions may be found in ORS Chapter 192.
Response. The City shall respond to the written request within five business days acknowledging receipt of the request (ORS 192.324). The acknowledgment will include:
- Confirmation that the City is the custodian of the requested record;
- Notification that the City is not the custodian of the requested record; or
- Notification that the City is uncertain whether the public body is the custodian of the requested record.
Within 15 business days of receiving the request, the City will:
- Complete its response to the public records request; or
- Provide a written statement that the City is still processing the request and a reasonable estimated date by which the City expects to complete its response based on the information currently available(ORS 192.324).
Please note that the time periods do not apply to a public body if compliance would be impractical because:
- The staff or volunteers necessary to complete a response to the public records request are unavailable; Compliance would demonstrably impede the public body’s ability to perform other necessary services; or
- Of the volume of public records requests being simultaneously processed by the public body.
If the City is unable to comply with the time periods established by ORS due to one of the reasons listed above, the City shall as soon as practicable and without unreasonably delay, acknowledge a public records request and complete the response to the request.
The City may request clarification from a request in order to expedite the response.If the City has requested clarification/ additional information in good faith, the City’s obligation to complete the response to the request is suspended until the requester provides the requested clarification/ additional information or affirmatively declines to provide the clarification.If the requester fails to provide a response within 60 days to the request for clarification/ additional information, the City will consider the request closed (ORS 192.329).
If the City’s compilation of information is satisfactory to the requester, the requester will provide a deposit equal to the expected cost of disclosure. The City will proceed to provide the requested records, including any redactions of records which the City believes are appropriate.The City will inform the requester of the reason for redacted material.
If a record is not available in the format requested, it will be made available in the format in which it is maintained.
If a request involves multiple entities, is related to litigation or potential litigation, involves confidentiality issues, a question regarding the record’s status as a public record or exemption from disclosure, the employee handling the request will bring the request to the City Attorney for consultation prior to a decision to grant or deny the request.
If the City is unable to comply with a request, a written response explaining why the City is unable to process the request will be provided to the requesting party.
If the requester is dissatisfied with the information provided, the requester shall inform the City’s representative and seek agreement in order for the City to fulfill the records request as promptly as reasonable. If disagreement persists, the City will identify those bases of disagreement so that the requester can proceed with other alternatives.
Inspection of Records. The City may permit inspection of its nonexempt public records during regular business hours and by appointment. The right to inspect records does not include the right to access file cabinets/ computers/ etc. or the right to dissemble or change to order of records. Original records shall not leave the custody of the City. A City staff member must be present while any records are inspected to ensure protection of the records.
If any person attempts to alter, remove or destroy any City record, the City representative shall immediately terminate such person’s review and notify the City Attorney.
Fees for Public Records. The City will prepare an estimate of the charges to respond to a public records request. Not all requests will be charged fees. If the estimated cost is $25 or more, the City will require the requester to deposit the full estimated amount before fulfilling the request.
As to those records which the City will provide (including in redacted form), the City will do so according to the agreed timeline subject to the deposit which the City reasonably believes is appropriate to the nature and volume of the requested records.
For all records requests requiring the involvement of the City Attorney, the City will charge its direct costs associated with the production of the records according to the attached fee schedule.Such costs may include the cost of time spent by the attorney in reviewing the records, redacting material from the records or segregating the records into exempt and nonexempt records.The City will not include the cost for the attorney in determining the application of the provisions of the Public Records Act contained in ORS 192.311 to 192.478 (ORS 192.324 (4) (b)).
If the City has informed a requester of a fee, the obligation of the City to complete the response to the request is suspended until the requester has paid the fee.
If the direct costs associated with the production of the records are less than the deposit made pursuant to the estimate provided to the requester, the difference will be refunded to the requester.If the direct costs associated with the production of the records are greater than the deposit made pursuant to the estimate provided the requester, the requester will make arrangements with City personnel to pay the difference before the records are provided.
Requests for Fee Waiver/ Reduction
Costs may be reduced or waived on the basis that the requested records’ disclosure primarily benefits the general public.
The City will consider the following factors as cited in the Attorney General’s Public Records and Meetings Manual when evaluating a cost reduction or waiver based on sufficient public interest.These factors include:
- The requester’s identity.
- The purpose for which the requester intends to use the information.
- The character of the information.
- Whether the requested information is already in the public domain.
- Whether the requester can demonstrate the ability to disseminate the information to the public.
- The requester’s inability to pay.
If any organization seeks a fee waiver, that request must come from a legally authorized representative of the organization.
The City will determine within its reasonable discretion and based on the totality of circumstances presented, whether, and how much, of a reduction or waiver is appropriate for the specific records request. The City will attempt to communicate in writing to the requester within five business days after receipt of the reduction or waiver request.
If the requester disagrees with the City’s decision, a representative will be available for further discussion and a change in decision could result.
If a requester believes that there has been an unreasonable denial of a fee reduction or fee waiver, the requester may petition the district attorney or the Attorney General as explained in ORS 192.410 to 192.505.
Regardless of the determination of a cost reduction or waiver request, the City will proceed with the compilation and disclosure of records, provided the requester’s deposit has been delivered. If a reduction or waiver is allowed, the deposit will be returned consistent with the City’s decision.
Completed Response.
The City’s response to a public records request will be considered complete when they City has:
- Provided access or copies of all requested records within the possession or custody of the City or that the City does not assert are exempt from disclosure, or explains where the records are already publicly available;
- Asserted any exemptions from disclosure that the City believes apply to any requested records and, if the City cites ORS 192.502 (8) or (9), identifies the state or federal law of the exemption;
- Complied with ORS 192.505 (separated the exempt and nonexempt material and made the nonexempt material available for examination).
- Responded in writing that the City is not the custodian of the requested records;
- Complied with state and federal laws regarding disclosure and/ or acknowledgment that certain records exist; and
- Included a statement that the requester may seek review of the City’s determination pursuant to ORS 192.450, 192.460, 192.462, 192.470, 192.480 and 192.490 if the City asserts that one or more requested records are exempt from public disclosure.
