Chapter 2.07
CITY PUBLIC RECORDS POLICY
Sections:
2.07.020 Right to inspect public records.
2.07.040 Public records exempt from inspection and copying.
2.07.050 Designated public records officer.
2.07.060 Procedures for making a public records request.
2.07.010 Purpose.
The purpose of this regulation is to establish city policy related to written requests for public records of the city of Lincoln City. This policy is required by ORS 192.324. The city of Lincoln City recognizes that, in response to a written public records request, the Oregon Public Records Law (ORS 192.311 through 192.338) gives members of the public the right to inspect and copy certain public records maintained by the city. The city also recognizes that certain records maintained by the city are exempt from public disclosure, or that disclosure may require balancing the right of the public to access the records against individual privacy rights, governmental interests, and confidentiality issues. Additionally, when the city receives a written request to inspect or copy public records, costs are incurred by the city in responding to the request. This public records policy seeks (A) to establish an orderly and consistent procedure for responding to public records requests; (B) to establish the basis for a fee schedule designed to reimburse the city for the actual costs incurred in responding to written public records requests; and (C) to inform citizens of the procedures and guidelines that apply to public records requests. (Ord. 2018-01 § 1)
2.07.020 Right to inspect public records.
Every person has a right, following a written request in accordance with this code, to a reasonable opportunity to inspect and/or copy non-exempt public records during normal city business hours. All records shall be inspected and copied at the city of Lincoln City place of business. Requests for any records of the city are processed and reviewed in the order they are received and under the procedures identified in the Oregon Public Records Law, city of Lincoln City Municipal Code, as well as the rules, forms and fees, adopted under authority of this city of Lincoln City public records policy. (Ord. 2018-01 § 1)
2.07.030 Public records.
The Oregon Public Records Law (ORS 192.311(5)(a)) defines “public record” very broadly as:
any writing containing information relating to the conduct of the public’s business, including but not limited to court records, mortgages, and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics.
“Any writing” means any handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings (inclusive of email or a word processing document, and other types of electronic recordings). A public record includes any writing that relates to the conduct of the public’s business even if that writing is contained on a public officer’s privately owned computer. (Ord. 2018-01 § 1)
2.07.040 Public records exempt from inspection and copying.
There are numerous exemptions to public records law which protect, or conditionally protect, records or sensitive information within public records from disclosure. Many of these exemptions may be found in ORS 192.345 and 192.355. Others may be located in other Oregon Revised Statutes. A few specific exemptions worth special notice are as follows:
A. Personal Safety Exemption – ORS 192.368(1). If an individual requests in writing that a public body not disclose the phone number or address of the individual, the public body is prohibited from disclosing the information if the safety of the individual or family member would be in danger.
B. Public Records Relating to Pending Litigation – ORS 192.345(1). If a public body is involved in litigation, or if litigation is reasonably likely in the future, the public records relating to the litigation are exempt from disclosure.
C. Archaeological Sites or Objects – ORS 192.345(11). Information concerning the location of archaeological sites or objects are exempt from disclosure, unless requested by the governing body of an affected Indian tribe.
D. Personnel Disciplinary Actions – ORS 192.345(12). Public records of a discipline action or materials or documents supporting that action are exempt from disclosure.
E. Threatened or Endangered Species – ORS 192.345(13). Certain information regarding the habitat, location or population of any threatened or endangered species is exempt from disclosure.
F. Personal Privacy Exemption – ORS 192.355(2). Information of a personal nature, such as that kept in a medical or personal file, is exempt from disclosure if disclosure would be an unreasonable invasion of privacy, unless disclosure is in the public interest by clear and convincing evidence. Personal information includes home address, phone number, weight and age.
G. Public Employees Addresses, Dates of Birth and Telephone Numbers – ORS 192.355(3). The addresses, dates of birth and phone numbers of public employees and volunteers which are maintained by the public body in personnel files are exempt from disclosure.
H. Confidential Information Submitted by Citizens – ORS 192.355(4). Information submitted to a public body in confidence and not required to be submitted, where the information should reasonably be considered confidential, and the public body has in good faith obliged itself to keep the information confidential, is exempt from disclosure.
I. Records Deemed Confidential or Privileged under Federal and State Laws or Regulations – ORS 192.355(8) and (9). Examples include:
1. Privileged communications such as communications between the city attorney’s office and a city department or staff person are exempt from disclosure.
2. Social security numbers. No social security numbers should be disclosed without prior consultation with the city attorney. If a public record contains a social security number, the number should be blacked out prior to disclosure.
3. Copyrighted material. If the city maintains public records containing copyrighted material, the city will permit the person making the request to inspect the copyrighted material, and may allow limited copying of such material if allowed under federal copyright law. The city may require written consent from the copyright holder or an opinion from the person’s legal counsel before allowing copying of such materials. (Ord. 2018-01 § 1)
2.07.050 Designated public records officer.
A. The city recorder is the official records officer and custodian of all public records in the city. In the city recorder’s absence the deputy city recorder, if any, shall serve as the custodian and records officer. Except for Level 1 and Level 2 requests discussed in LCMC 2.07.060, the individual within the city of Lincoln City government to whom all public record requests shall be directed shall be the records officer. The records officer shall have overall responsibility for receiving, and responding to, applications to inspect public records.
B. Each department shall designate a staff person to serve as the records coordinator for that department. Each records coordinator shall receive training with regard to the state public records laws and city policy from the records officer and city attorney. The records coordinator from the respective department shall work with the records officer in completing any record request related to their respective departments. The records coordinators are expressly authorized to handle Level 1 record requests without consultation with the records officer.
C. The records officer, with the advice of the city attorney, shall be responsible for researching and presenting a recommended records management system to the information technology department director. The records management system shall include reasonable measures to preserve the integrity of the city of Lincoln City’s records and be consistent with the Oregon Administrative Rules on Records Retention. The IT director shall consider such recommendation, together with estimated costs of acquisition and maintenance of such system, and shall include city records management in the IT department budget for final approval by the manager and city council. All purchases and contract decisions shall be made in accordance with contracting authority specified in Chapter 2.05 LCMC.
D. The records officer may propose for adoption by council resolution reasonable public record rules necessary to protect the city’s public records. (Ord. 2018-01 § 1)
2.07.060 Procedures for making a public records request.
The following procedures shall be followed in submitting and responding to requests to inspect or receive copies of public records maintained by the city of Lincoln City:
A. Procedures Differ by Classification of the Request.
1. Level 1 Request. Does not require a written request. Requested document must be current and readily available, require no duplication, may or may not be subject to an identified fee or charge on the public records fee schedule, and must require no additional staff time or resources to be made available. These types of documents are intended for public distribution, such as information brochures, agendas, permit applications, job applications, election-related petitions, or solicitations for public comment. These types of documents may also include prepared documents for purchase (e.g., hard copy of comprehensive plan or parks master plan).
2. Level 2 Request. Must be made in writing. Must be submitted to records officer and referred to records coordinator; may be simultaneously submitted to records officer and department records coordinator. Department coordinator email addresses will be posted on the city website. Requested documents are not immediately available in prepared format. Request must clearly and correctly identify the document, may not require extensive staff research to locate the document (no more than 30 minutes), may not include more than five documents or 50 pages, or documents that are more than one year old. Requested document must be located in a single department or division, may not contain sensitive, confidential, or privileged information, and must not require attorney review prior to release. When estimate is over $25.00, written cost estimates will be noted on the form and requester must agree to pay before document retrieval begins. Documents are usually available within five business days. Payment is due upon receipt.
3. Level 3 Request. Must be made in writing to the records officer. This type of request is complex, involving multiple staff and/or departments or divisions. It involves extensive research or compilation of documents, and requires attorney review. The request also may require follow-up by staff to identify what is being requested. City staff furnishes written acknowledgment that the request has been received within five business days and as soon as possible after that (usually within one week), provides the requester a written time and cost estimate for proceeding with the request. The requester must submit written authorization to proceed and pay the estimated costs before any staff time is expended responding to the request.
B. Official Public Records Request Form. In order to facilitate public access to city records and to avoid unnecessary expenditure of staff time, a request to inspect or copy records shall be in writing on the official form provided by the records officer. The approved standard form is available for download on the city’s website at
www.lincolncity.org. The standard form may be periodically revised and updated by resolution of the city council. The form shall be completed in full and signed by the requestor and shall specify with particularity the records requested, including dates, subject matter and such other detail as may be necessary to enable city personnel to readily locate the requested records.
C. Where to Submit Form and Fees. All public record requests shall be directed to the city recorder acting as records officer. A records request on an approved official city form may be submitted to the City Recorder, c/o City Administration, 801 S.W. Hwy 101 (P.O. Box 50) Lincoln City, Oregon 97367. Approved forms may also be faxed to 541-994-7232, or approved forms may be emailed to cityrecorder@lincolncity.org (ORS 192.324(7)(A)). A Level 2 request may be simultaneously submitted via email to the departmental records coordinator and records officer.
D. Applicable Fees. The city has established fees consistent with ORS 192.324(4), reasonably calculated to reimburse the city for the city’s actual cost of copying and making public records available in the format requested and said fees are set forth in the current fee schedule adopted by council resolution. The resolution shall be periodically adjusted to recover the actual cost incurred in responding to requests. The city shall recover all permissible actual costs, including but not limited to costs for searching, reviewing, copying; summarizing, compiling or tailoring public records, either in organization or media; or time spent by an attorney for the public body in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The cost for copies on the fee schedule is in addition to personnel cost calculated at the “loaded” employee hourly rate multiplied by time devoted to records request. No personnel cost is included for requests which take 15 minutes or less. The fee resolution is periodically updated by the city council in accordance with ORS 294.160. If a record is not included on the fee schedule, the city shall nevertheless charge the actual cost incurred in providing and copying the item. For Level 2 or Level 3 public record requests, the city will provide a written cost estimate to the applicant and must receive confirmation that the applicant wants the city to proceed with the request before work will be performed. Cost estimates over $25.00 must be paid as a deposit before the records will be made available for inspection or copied. If the actual time expended and cost incurred are less than estimated, the amount paid in excess of the actual cost shall be refunded to the applicant. If the actual time expended and cost incurred exceed the estimated cost, the applicant will pay the difference at the time the records are produced. If a request is of such magnitude and nature that compliance would disrupt the city’s normal operation, the city may impose such additional charges as are necessary to reimburse the city for its actual costs of locating and copying the records.
E. Definitions Related to Statutory Deadlines. For purposes of this chapter, the following words and phrases shall be defined as follows:
“Business days” shall mean a day other than Saturday, Sunday or a legal holiday and on which at least one paid employee of the public body that received the public records request is scheduled to and does report to work as defined in ORS 192.311.
“Acknowledge a public records request” or “acknowledge” means the city has either: (1) confirmed that the city is the custodian of the requested record; or (2) informed the requester that the city is not the custodian of the requested record; or (3) notified the requester that the city is uncertain whether the city is the custodian of the requested record.
“Complete a public records request” or “complete” means the city has either: (1) provided access to or copies of all requested records within the possession or custody of the city that the city does not assert are exempt from disclosure, or explains where the records are already publicly available; and/or (2) asserts any exemptions from disclosure that the city believes apply to any requested records, and if the city cites ORS 192.355(8) or 192.355(9) identifies the state or federal law that the city relied on in asserting the exemptions; and/or (3) the city complies with ORS 192.338 (i.e., the city separates the exempt and nonexempt material and makes the nonexempt material available for examination); and/or (4) the city provides a written statement that the city is not the custodian of the requested records; and/or (5) the city provides a written statement that the city is prohibited by federal or state law from acknowledging whether the record exists, including citation to such law or sanction; and (6) when the city asserts that one or more records are exempt from disclosure, the city response shall include a statement that “the requester may seek review of the city of Lincoln City’s determination pursuant to ORS 192.401, ORS 192.415, ORS 192.418, ORS 192.422, ORS 192.427 and ORS 192.431.”
F. Initial Time Frame for Acknowledgment or Completion. Upon receipt of a request to inspect or receive a copy of records by the records officer, the records officer shall have five business days after receiving the request to acknowledge receipt of the public records request or complete the city’s response to the request.
G. Time Frame for Completion or Alternative Estimated Completion Date. The city shall complete its response to a written public records request that is received by the records officer as soon as practicable and without unreasonable delay; specifically, as soon as possible, but not later than 10 business days after the date by which the city is required to acknowledge receipt (total 15 business days) the city shall: (1) complete the public records request; and/or (2) provide a written statement that the city is still processing the request and a reasonable estimated date by which the public body expects to complete its response based on the information currently available.
H. Time Frames Not Applicable in Certain Situations. The five- and 10-business-day time frames listed above do not apply if compliance by the city would be impracticable because the staff or volunteers necessary to complete a response to the public records request are unavailable; or compliance would demonstrably impede the city’s ability to perform other necessary services; or due to the volume of other public record requests being simultaneously processed by the city.
I. Tolling or Suspension of Time Frames.
1. If the city has informed the requester of public records of a fee or fee estimate to complete the records request, the time frames identified above are suspended until the requester has paid the fee or estimate in full, or the fee has been waived or reduced under applicable procedures or ordered waived or reduced on appeal.
2. If the city has in good faith requested additional information or clarification from a requester of public records, the city’s obligation to complete under the time frames identified above are suspended until the requester provides the requested information or clarification or affirmatively declines to provide that information or clarification.
J. Closing the Request.
1. If the city has informed the requester of public records of a fee or fee estimate to complete the records request, and the requester fails to pay the fee within 60 days of being informed or within 60 days of denial of a fee waiver or reduction, the city shall close the records request.
2. If the city has in good faith requested additional information or clarification from a requester of public records, and the requester fails to respond within 60 days of the request for information or clarification, the city shall close the request.
K. Certified Copies. Upon request, the records officer shall furnish a certified copy of a record. “Certified” means an affirmative declaration on the cover sheet or last sheet of the copy certifying that the copy is a true and correct copy of an original or duplicate original and signed by the records officer. Certified copies are subject to additional fees as set forth in the fee resolution.
L. Review of Original Records. If a request to inspect original records is made, the city shall permit such inspection; provided, that research fees are paid in advance. The records officer or a person designated by the records officer, or a records coordinator, shall be present at any time original records are reviewed. At no time shall an original record of the city be removed from the city’s files or the place at which the record is regularly maintained, except upon authorization of the records officer. If at any time during inspection of records any person attempts to alter, remove, or destroy any original record, the person’s inspection shall be terminated immediately and the records officer shall notify the police department and city attorney.
M. Fee Waiver or Reduction. Whenever the city manager determines that furnishing copies of public records in the city’s possession at a reduced fee or without cost would be in the public interest because making a copy of the record available primarily benefits the general public, the city manager may authorize the records officer to waive or reduce fees related to a particular records request. In addition, copies of the routine packet materials requested by the news media will be made available without charge. However, any request by the news media that requires more than one-half hour of staff time will be charged actual cost according to this code and the adopted fee resolution.
N. Appeal. A person who has submitted a written public records request in compliance with city policy may seek review of the following, in the same manner as a person petitions when inspection of a public record is denied under ORS 192.311 to 192.338:
1. The failure of the city to provide the response required by ORS Chapter 192 within the prescribed period. A failure of the city to timely respond shall be treated as a denial of the request unless the city demonstrates that compliance was not required. (See, e.g., subsections (H), (I), and (J) of this section.)
2. An estimate of time provided by the city under subsection (G) of this section, if the person believes that the estimated time frame for response is unreasonably long and will result in undue delay of disclosure.
3. Any other instance in which the person believes that the city has failed to comply with ORS Chapter 192.
4. The district attorney and the court have the same authority with respect to petitions under this section as when inspection of a public record is denied. (Ord. 2018-01 § 1)