Chapter 2.25
PUBLIC RECORDS REQUESTS
Sections:
2.25.030 Electronic documents.
2.25.040 Integrity of records.
2.25.060 Public records fee schedule.
2.25.080 Postponing request for legal opinion.
2.25.090 Conditional public record exemptions.
2.25.100 Absolute public record exemptions.
2.25.010 Right to inspect.
Every person has a right to inspect any nonexempt public record of the City, subject to reasonable procedures. The City shall provide proper and reasonable opportunities for inspection and examination of the records during usual business hours if such request does not interfere with the regular discharge of duties. [Ord. 657 § 1, 1994.]
2.25.020 Written request.
All requests to inspect a public record should be in writing when possible. The written request must specify the record(s) from which information is requested, if known. [Ord. 657 § 2, 1994.]
2.25.030 Electronic documents.
If the public record is maintained in a machine-readable or electronic form, staff shall provide copies of the public record in the form requested, if available. If the public record is not available in the form requested, it shall be made available in the form in which it is maintained. [Ord. 657 § 3, 1994.]
2.25.040 Integrity of records.
Staff shall take reasonable measures to preserve the integrity of City records and maintain office efficiency and order:
1. The Public Records Law allows for the inspection of the original record; the right to inspect does not include the right to rummage through file cabinets or file folders.
2. Before releasing a public record for inspection, a staff member must review the document to make certain the record does not contain any exempt information.
3. A staff member should remain present while any original public record is being inspected to ensure the protection of the document.
4. Copies may be furnished in lieu of inspection of the original document. [Ord. 657 § 4, 1994.]
2.25.050 Fees.
1. Fees shall be established to reimburse the City for its actual cost in making public records available. Such calculation shall include costs for summarizing, compiling or tailoring a record, either in organization or media, to meet the person’s request. Actual cost includes the time spent by staff in locating the requested records, reviewing the records in order to delete exempt material, supervising the inspection of original documents, and copying the records.
2. Staff should estimate charges for responding to a records request and require prepayment of the estimated charges before acting on a request. This is advisable as requests may require extensive staff time to locate or process records. If the actual charges are less than the prepayment, any overpayment must be promptly refunded.
3. Actual staff time should be charged if copies are not provided; i.e., the hourly rate of the staff person providing the service. This would apply to a request that is extraordinary and would significantly disrupt the regular discharge of duties of a staff person.
4. Copies of documents provided by a routine file search will be charged at the copy rate established by City Council resolution. [Ord. 906 § 1, 2012; Ord. 657 § 5, 1994.]
2.25.060 Public records fee schedule.
The City Council, by resolution, shall establish a fee schedule for providing public records. [Ord. 906 § 1, 2012; Ord. 657 § 6, 1994.]
2.25.070 Waiving fees.
1. Copies of public records may be furnished without cost if the City Recorder determines that the waiver is in the public interest because making the record available primarily benefits the general public.
2. A person requesting a waiver of charges shall file a written request to include the requester’s identity, the purpose for which the requester intends to use the information, the character of the information, and whether the requester can demonstrate the ability to disseminate the information to the public. The City Recorder will review the request and make a decision based upon the merits of the request.
3. Copies of routine materials requested by the news media will be made without charge. Any extraordinary request will be charged according to this chapter.
4. Copies of routine materials requested by any Harrisburg elected official or advisory committee member will be furnished without charge if the request relates to information needed in their official capacity. [Ord. 657 § 7, 1994.]
2.25.080 Postponing request for legal opinion.
A request for public records disclosure may be postponed if staff needs to consult with the City Attorney’s office to obtain legal advice prior to releasing documents. This will be necessary when the City is presented with a physically extensive or legally complex request for disclosure of public records. [Ord. 657 § 8, 1994.]
2.25.090 Conditional public record exemptions.
The public records listed in ORS 192.501 are exempt from disclosure under ORS 192.410 to 192.505 unless the public interest requires disclosure in the particular instance, including:
1. Public records pertaining to litigation;
2. Trade secrets;
3. Tests and examination materials;
4. Business records required to be submitted;
5. Civil rights investigation materials;
6. Unfair labor practice complaints;
7. Library circulation records;
8. Debt collection agency investigation;
9. Archaeological site information;
10. Personnel discipline actions;
11. Information about threatened or endangered species;
12. Computer programs for use of public bodies;
13. Unsafe workplace investigation materials;
14. Operational plans regarding public safety;
15. Investigatory information compiled for law enforcement purposes;
16. Real estate appraisal information;
17. The names and signatures of election employees;
18. Investigation information pursuant to ORS 659A.820 or 659A.825; and
19. Consumer records compiled under ORS 697.732. [Ord. 906 § 1, 2012; Ord. 657 § 9, 1994.]
2.25.100 Absolute public record exemptions.
The public records listed in ORS 192.502 are exempt from disclosure under ORS 192.410 to 192.505, and include:
1. Internal advisory communications;
2. Personal privacy;
3. Confidential disclosure by citizens;
4. Lending institution records;
5. Federal law exemptions;
6. Other Oregon statutes establishing specific exemptions;
7. Transferred records;
8. PERS nonfinancial information about members;
9. Public investment records;
10. PERS and industrial accident fund monthly reports;
11. Economic development information;
12. Workers’ compensation claim records. [Ord. 906 § 1, 2012; Ord. 657 § 10, 1994.]