RELEASE OF RECORDS AND INFORMATION
August 3, 2015
February 8, 2010
ORS ; OAR; Dept. Manual; Attorney General’s Public Records
and Meetings Manual; ORS 192.405-440, 192.501, 192.502 ; ORS 192.410(6) ORS 192.410(4)(a), ORS 192.502 and ORS 181.854 s
Superintendent of State
purpose of this policy is to outline appropriate handling and response to
public record requests.
of the State Police complies with all applicable laws and rules related to the
right of the public to review or obtain public records maintained by the
department. Upon request, the Department will provide
and make available public records which are not exempt from disclosure. Each
request for records or information will be forwarded to the appropriate
bureau, division, section, unit, and/or business area and each bureau,
division, section, unit, and/or business area is
responsible to respond to requests for public records and information
consistent with these policies and procedures.
APPLICATION OF UNIQUE RELEASE RESTRICTIONS
Each bureau, division,
section, unit, and/or business area within the Department of the Oregon State
Police may create and maintain additional written procedures applicable to
release of their unique area records supported by statutory regulations and
requirements on confidentiality and exemption from release. These procedures
augment the Department’s policies and must be approved by the department Risk
Department will notify the affected officer whenever a request is received for
release of materials in which there is a recognizable image of a current public
safety officer of the department. A notice will be sent to current public safety officers of
the department whenever a request is received for release of materials exempt
from disclosure as specified under ORS 192.502 and ORS 181.854. The Department may not release the photograph
(paper or digital) of the public safety officer without the officer’s written
consent. This requirement does not apply
to the use by the Department of a photograph of a public safety officer.
2. The Department will contact and consult with professional
employees prior to the release of recognizable images in response to public
3. The Department does not furnish copies of the DMV Oregon Police
Traffic Crash Report, Form 735-46. A
requestor may obtain a copy of a crash report from the Division of Motor
Vehicles Accident Records Unit.
Exceptions may be made at the discretion of local area commands for
crash victims, depending on the availability of the information and workload of
SUBPOENA DUCES TECUM
1. Any subpoena duces
tecum will be promptly provided to a supervisor for review and processing.
While a subpoena duces tecum may
ultimately be subject to compliance, it is not an order from the court that
will automatically require the release of the required information.
2. All questions regarding compliance with any subpoena duces tecum will be promptly referred to
legal counsel through the department Risk Manager so that a timely response can
D. REQUESTS FOR DISCOVERY
1. Under Oregon Revised Statutes discovery is
the responsibility of the prosecuting attorney’s office. The Department of the Oregon State Police
will refer requests for discovery in such instances to the appropriate
prosecuting attorney’s office. If the prosecuting attorney’s office is not
going to participate in the court matter, OSP may release discovery at the
direction of the prosecuting attorney’s office.
1. The Department charges all requestors actual costs to
provide non-exempt public records.
Actual costs may include, but are not limited to costs for:
2. Staff time spent to locate, review, segregate, and/or
redact exempt materials from requested records.
3. Staff time spent to copy, certify, or mail records or
supervise inspection of original documents.
4. Staff time spent to locate, download, format, copy, or
transfer records that require electronic reproduction or conversion to an
5. Staff time spent to search for and review records, even if
the located records are subsequently determined to be exempt from disclosure or
no records can be found.
6. Staff time and mileage (current state mileage rate) spent
in traveling to pick up and deliver
records or requests for record reproduction.
7. Time spent by legal counsel to review, segregate, or
redacts exempt materials from requested records. The Department will not incorporate the cost
of consultation with legal counsel in regard to the application of Oregon’s public record
law into the Department’s fees.
Supplies and materials
used to produce information on audio tapes, video tapes, microfilm, magnetic
tape, photo paper, CD, DVD, or other media, unless the cost is included in the
9. Printing cost of manuals or other materials produced by
outside sources, such as Publishing and Distribution, Enterprise Goods and
Services, Department of Administrative Services.
10. Mailing or shipping requested records.
a) The Department will charge for staff time at the cost of
current salaries, including other payroll expenses, unless otherwise stated in
the fee schedule. Portions of hours will
be pro-rated in intervals of 15 minutes.
For any work requiring staff overtime, the Department may charge one and
one half (1½) times actual staff time or staff time as specified in the fee
schedule. Portions of hours will be
pro-rated. The Department will not use overtime hours to respond to a record
request or supervise record inspection unless the requestor approves this
expenditure in advance.
b) The Department will charge for staff time for supervision
of record inspection on an hourly basis for all time spent associated with the
completion of the request. Portions of
hours will be pro-rated in intervals of 15 minutes.
c) If, for operational or other reasons, the Department uses
the services of an outside source to replicate or produce electronic copies of
requested records, the department will charge the actual costs incurred.
d) The Department will notify a requestor of the estimated
costs to make records available for inspection or to provide copies of records
to the requestor. If the estimated costs exceed $25, the Department
will provide written notice and will not act further to respond to the request
until the requestor directs the department to proceed with making the public
record available and pays the estimated fee.
payment for charges for supplying records or information will be required
before the Department provides requested records.
f) The Department will not include
charges for any additional costs incurred to provide records in an alternative
format to individuals with vision or hearing impairments when required by the
Americans with Disabilities Act.
The Department charges all requestors as set
forth above, but may waive fees in its discretion to:
11. Furnish copies to governmental entities.
12. Provide a closed and adjudicated investigative report to
relatives of deceased person(s).
13. Furnish copies of closed and adjudicated investigative
reports to victims named in crime reports.
14. Answer a request in which the cost of the record provided
is de minimis.
15. Answer any other request in which the department chooses to
a.) The Department may refer persons interested in inspecting
or obtaining copies of department records or viewing the fee schedule to:
Oregon State Police Web
192.410(4)(a) “Public records” includes any writing that contains
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.
“Writing” means 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
ORS 192.405-440, 192.501, 192.502
; Attorney General’s Public Records and Meetings Manual
Fees include labor and materials, unless otherwise stated. The department will determine fees for all other requested records, reports, or publications not listed on the fee schedule on a case-by-case basis. The department may update the manner and method in which fees are determined at any time to reflect actual costs to make records available.
|Black & White Photocopy
|Whenever possible, the Department will provide double-sided copies and the fee for a double-sided copy will be the same as the cost of a single page.
|$.15 per page
|$1.00 each side
|Flat rate if staff time to find and process record request does not exceed 20 minutes. Includes up to 10 pages.
|$10.00 each case file
|If staff time exceeds 20 minutes or the responsive records exceed 10 pages, additional per page charges and staff fees will apply. Portions of hours will be pro-rated in intervals of 15 minutes.
|Flat rate if staff time to find and process record request does not exceed 30 minutes. Includes up to 10 pages of notes.
|If staff time exceeds 30 minutes or the responsive records exceed 10 pages, additional per page charges and staff fees will apply. Portions of hours will be pro-rated in intervals of 15 minutes.
|Video/Audio Tapes or DVDs/CDs w/photographs/video clips, etc.
|If redaction of images and/or audio is necessary, additional staff fees will apply and portions of hours will be pro-rated in intervals of 15 minutes.
|Official Maintenance Records specific to one radar/laser unit
|Dispatch Communication Audio Cassette Tape or other Electronic Media (as it becomes available)
|Flat rate if staff time to find and process requested conversations does not exceed one hour and redaction of audio is not necessary.
|If research exceeds one hour or redaction of audio is necessary, additional staff fees will apply. Portions of hours will be pro-rated in intervals of 15 minutes..
|Master Record Media Replacement Fee
|Implied Consent - Patrol (tests/quizzes and answers excluded)
|DRE Pre-School Student Manual (CD)
|DRE 7-Day School Student Manual (CD)
|DRE Instructor Manual (CD)
|Drugs That Impair Driving Student Manual (CD)
|Implied Consent - Forensics
|Intoxilyzer 1400 or Intoxilyzer 5000 Operator’s Manual
|Copy of electronic DNA data on CD Rom
|Medical Examiner Records – may include Medical Examiner
investigative report, autopsy or examination transcription,
toxicology, and histology reports.
|$40.00/hr ($10 per 15 minute increment)
|Preparing paternity specimen sample for private testing.
NOTE: All authorizations must be completed prior to providing sample. Testing and delivery to a laboratory is not done by this office.
|Fee to certify autopsy report