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Oregon Employment Department
Public Records Request Policy
Policy
 
It is the policy of the Oregon Employment Department to ensure all requests for public information are handled in a manner that is consistent with and complies with the public records law, while minimizing the impact on agency workload and controlling cost.
 
Application
 
All Employment Department Employees

Links
 
ORS 192 – Oregon Public Records Law

Summary
Under Oregon Public Records Law (ORS 192.410-192.505) members of the public or media have the right to inspect and copy certain public records maintained by the Oregon Employment Department. The law also maintains that certain records kept by the Oregon Employment Department are confidential by law and therefore exempt from public disclosure. Additionally, when the Oregon Employment Department receives a request to inspect or copy public records, costs are incurred by the department in responding to the request. 
 
The purpose of this policy and the accompanying procedure is to establish an orderly and consistent procedure for responding to public records requests, and to establish a fee schedule to reimburse the department for the actual costs incurred in responding to public records requests
 
Definitions
The definition of “public record” is extremely broad.
 
A record may be handwritten, typed, photocopied, printed, microfilmed, an audio or video recording, or an electronic form such as e-mail or a word processing document.

The Oregon Employment Department will provide public records in the format in which they originally exist. The department is not obligated to provide a public record in another form, such as taking an audio recording and creating a written transcript. The department will, however, provide records in an alternative format at no cost, if necessary to provide reasonable accommodation to persons with disabilities.
 
The department defines “at cost” as the actual cost of materials, staff time, and any travel or other expenses incurred in preparing and providing the records
 
Procedure
Public records, except those exempt from disclosure, shall be made available upon written request for review, and copies shall be provided at a fee reasonably calculated to reimburse the agency for the actual costs incurred in making the records available. Activities to be reimbursed on an at-cost basis include but are not limited to: locating, compiling, summarizing, printing, copying and distributing the information, and taking any other steps reasonably required to make the information available.
 
The following procedure will be followed in implementing this policy:
  • A person or organization may request to inspect or receive copies of a public record or information from public records by mail, fax or e-mail.
  • The request must identify as specifically as possible the type of record(s), subject matter, approximate date(s), names of persons involved and the number of copies requested. Requests made in writing must include the name, address and telephone number of the person requesting the public record(s). Requesters are not required, but are encouraged, to indicate the format in which any copies are desired and the date, if any, by which the records are needed
  • For large requests, the Oregon Employment Department shall respond to the requestor with an estimate of expected charges no later than 10 working days after receiving the request. The department’s response will contain an acknowledgment of the request, a list of the fees charged to provide records, an estimate of the expected cost of meeting the request, and the expected date and location at which the information will be provided after payment is received.
  • Information involving employee personnel files will be handled by the office of Human Resources.  
  • Original materials may be inspected on-site only and may not be removed from Oregon Employment Department property.
  • The Oregon Employment Department reserves the right to provide information in a different format than requested (e.g., in print instead of electronically) if the burden of meeting the requested format is impractical. The department also reserves the right to provide the information after the desired date if the burden of meeting the requested date is impractical.
  • The person or organization requesting the information must provide payment prior to preparation by OED staff of the requested information.
  • Once payment has been received, OED staff will begin preparing the requested information. The timeline for provision of the information will begin upon receipt of payment.
  • The Oregon Employment Department’s Communications Unit will maintain records of all public record requests.
 
Fees
The following fees apply per each public information request. The fees listed below represent the most frequently requested formats in which information is requested. Fees for information requested in formats other than those listed below will be determined on a case-by-case basis. All charges are payable in advance of the materials being provided.
  • No charge to provide an estimate of costs
  • No charge for the first 30 minutes of staff time to provide the information requested
    $28.00 per hour for staff time after the first 30 minutes (billed in increments of $7 per every 15 minutes or fraction thereof)
  • No charge for the first 10 printed or photocopied pages
  • $.25 per single-sided printed or photocopied page after the first 10 single-sided pages
  • $.50 per two-sided printed or photocopied page after the first five two-sided pages
  • $5.00 per CD
  • $.30 per page faxed
  • Actual material costs for producing information on audio tapes, video tapes, microfilm, magnetic tape, CDs or other media
  • Actual costs of mailing and/or shipping the materials
  • $10.00 for each notarized signature or certified copy signature requested
 
Exception Process
Information Exempt From Disclosure:
Any information covered by Oregon Confidentiality law in regard to Oregon Employment Department records (ORS 657.665) is exempt from public records disclosure.
 
Fee Exemption Process:
The Oregon Employment Department may furnish copies of public information without charge or at a substantially reduced fee if the department determines the waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public, per ORS 192.440(4). All waivers must be approved in advance by division administrators or region managers. No exceptions to the fee structure will be made for personnel-related information.