APPENDIX XIV.
PUBLIC RECORDS REQUEST POLICY
RESOLUTION NO. 1723
A RESOLUTION ADOPTING A PUBLIC RECORDS REQUEST POLICY.
WHEREAS, the State of Oregon has made changes to the Oregon Public Records Request Law; and
WHEREAS, the City of Cottage Grove wishes to adopt a written policy to comply with that law.
NOW, THEREFORE, it is hereby resolved that the City of Cottage Grove Public Records Request Policy attached hereto and marked Exhibit "A" is adopted.
BE IT FURTHER RESOLVED, that this resolution will take effect immediately upon its passage by the City Council.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS 23RD DAY OF NOVEMBER, 2009.
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Richard Meyers, City Manager
Date: November 23, 2009
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Gary Williams, Mayor
Date: November 23, 2009
EXHIBIT "A"
Public Access to City of Cottage Grove’s Records Policy
Oregon law states that every person has a right to inspect any non-exempt public record. Oregon Revised Statute (ORS) 192.410 defines a "public record" as any writing containing information relating to the conduct of the public’s business, prepared, owned, used or retained by a public body regardless of the physical form or characteristics. ORS 192.410 goes on to define "writing" as handwriting, typewriting, printing, photostatting, photographing and every means of recordings of any type, which includes letters, words, pictures, sounds or symbols, or any combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, discs, drums or other documents.
Requests to inspect records shall be referred to the City Recorder, who may consult with the applicable department director, or his or her designee, prior to allowing inspection or releasing such records.
If there is doubt that the records requested for inspection are not clearly within the definition of "public record," or are exempt records, the request will be referred to the City’s attorney for review and recommendation.
All requests shall be made in writing using the Public Records Request Form and shall provide sufficient descriptive information to enable staff to identify and locate the records requested.
If the records requested are documents which are produced by the City for general distribution and printed copies are available, i.e., City Council Agenda, Friday Update, brochures, etc., a copy of each document will be provided at no charge. Copies of formalized reports will be provided at the City’s actual cost according to a fee schedule determined by the Finance Director.
Copies of other records will be provided at the following charges:
1. Copies of documentary records, up to 8-1/2" x 14", that can be identified, located and produced with a nominal amount of staff time (less than one hour) will be provided at a charge of $0.25 per page, plus any cost of delivery. Copies that are 11" x 17" will be $.50 per copy and copies that are 17" x 24" will be $1.50 per copy. Documents that are delivered via fax machine will be charged $.75 per page.
2. Copies of other records including records kept in a non-documentary form (oversized documents, maps, faxed documents, audio/visual recordings, microforms, electronic records, and other non-standard records) will be provided at the rate described in Oregon Administrative Rule (OAR) 166-10-0016 unless the cost is specifically set by the City of Cottage Grove. Records which may not be covered in OAR 166-10-0016 or a City schedule will be charged back at the City’s actual cost for duplicating and delivery charges.
3. Copies of photographs that can be identified, located and produced with a nominal amount of staff time (less than one hour) will be provided at the actual cost for copying and delivery charges.
4. Copies of records that require attorney time, over one-half hour, for segregation of exempt from non-exempt material will be provided at $200 per hour for attorney time plus copying and delivery charges. Staff will advise the person requesting the records of the attorney’s billing rate and obtain a deposit equal to one hour of attorney time. The Finance Director will determine the final cost for attorney time based on the billing to the City.