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Office of the Governor: Public Records Request Policy & Procedures

POLICY

The Office of the Governor will fully comply with the Oregon Public Records Law and will respond to public record requests as soon as practicable and without unreasonable delay, in the manner described below. ORS 192.440(7) requires every public body to make available to the public a written procedure for making public record requests.

PROCEDURES

1.  Public records request procedure.

The Governor's General Counsel is responsible for coordinating public records requests made to the Office of the Governor. The General Counsel's office will work with the Governor's staff as appropriate in fulfilling the public records requests. All formal public records requests must be submitted in writing and directed to:

Office of the Governor
Public Records Request
Attn: Jennifer Andrew
160 State Capitol
900 Court Street NE
Salem, OR 97301-4047

2. Initial response to public records requests.

After receiving a request for a public record or document, General Counsel will respond to public records requests as soon as practicable and without unreasonable delay. We will respond with one or more of the following:

  • A statement that the Office of the Governor does or does not have custody of the requested document(s);
  • Copies of all requested public records for which the Office of the Governor does not claim an exemption from disclosure under ORS 192.410 to 192.505;
  • A statement that the Office of the Governor is the custodian of some responsive records, an estimate of time in which copies will be provided or inspection will be available, and an estimate of the fees the requestor must pay;
  • A statement that the Office of the Governor is uncertain whether it possesses any requested records and that it will search for the requested records and respond as soon as practicable; or
  • A statement that state or federal law prohibits the Office of the Governor from acknowledging whether the record exists and a citation to the relevant state or federal law.

3. Clarification of public records requests.

If the Office of the Governor receives an unusual request or the scope of the request is unclear, General Counsel may request additional clarification before responding to the request.

4. Charging for public records requests.

The Oregon Public Records Law allows agencies to recover their actual costs in fulfilling a public records request. If the estimated fee is greater than $25, the General Counsel's office will provide the requestor with written notice of the estimated amount of the fee. In such instances, the public records request coordinator will not fulfill the request until the requestor confirms in writing that the requestor wants to proceed with the request despite the estimated cost.

The Office of the Governor fee schedule is as follows (per DAS Policy 107-01-160):

 Standard copies 25 cents per page                                  

 Certification of Public Records

 5 dollars

 



Labor charges:

 Managerial Staff                           $70 per hour
 Professional Staff $35 per hour
 Clerical Staff $20 per hour
 Attorney Review

 Hourly cost based on DOJ fee schedule
 ($137/hr as of 7/1/2009)

 

 

 

 

All time for public records requests will be recorded in ten-minute increments. The Governor's Office will base labor charges on the type of work actually performed, not on the classification of the employee who does the work. Example: If a manager does routine clerical work in answering a request for a public record, such as photocopying, the charge will be $20 per hour.

The Governor's Office will generate an invoice for completing the public records request. The Governor's Office will bill direct costs to the requestor (e.g. the cost of legal review by the Department of Justice). The requestor must pay the fee before the agency sends the requested records or makes them available for viewing.

5. Fee waivers for public records requests.

Requests for fee waivers or reduced fees must be made in writing to the above address. The General Counsel's office may furnish copies without charge or at a substantially reduced fee if it is determined that the waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public. The General Counsel's office will determine the appropriateness of fee waivers or adjustments based on the guidance of the relevant statutes and the Attorney General's Public Records and Meetings Manual.

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