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OSP Policy, Procedures & Fees

 
Department of State Police
CHAPTER:    201.3
SUBJECT: RELEASE OF RECORDS AND INFORMATION
REVISED:  February 8, 2010
SUPERCEDES: November 18, 2002
 
RELEASE OF RECORDS AND INFORMATION
 
201.3 PURPOSE AND SCOPE
This policy sets forth the process for responding to requests for records and information.
 
201.3.1 POLICY
The department 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.
 
201.3.2  APPLICATION OF UNIQUE RELEASE RESTRICTIONS
Each bureau, division, section, unit, and/or business area 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 this department policy and must be approved by the department Risk Manager.
 
201.3.3 LIMITATIONS
The 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 of the public safety officer without the officer’s written consent.  The image could be present in a video, DVD, digital photograph, or other types of media.  This requirement does not apply to the use by the department of a photograph of a public safety officer. 
 
The department will provide a courtesy notification to professional  employees upon the release of recognizable images in response to public record requests.
 
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 professional staff.
 
201.3.4  SUBPOENA DUCES TECUM
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.
 
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 be prepared.
 
201.3.5  REQUESTS FOR DISCOVERY
Under Oregon Revised Statutes discovery is the responsibility of the prosecuting attorney’s office in all criminal prosecutions. Therefore, the Oregon State Police will refer requests for discovery in such instances to the appropriate prosecuting attorney’s office.
 
201.3.6  PROCEDURE FOR RELEASE OF NON-EXEMPT PUBLIC RECORDS
(a)   The department may require that any request for copies or inspection of public records be made in writing.  Use of department forms may also be required in some areas to streamline the information necessary to process each request.
(b)   Requests may be sent to the department by mail, fax, email, or delivered in person.
(c)   Each bureau, division, section, unit and/or business area will be responsible for the release of public records created, used and/or maintained by such area.  Bureaus, divisions, sections, units, and/or business areas may work together to coordinate release of appropriate records.
(d)   The department will separate non-exempt materials from any records exempt from disclosure and make the non-exempt material available to the requestor.
(e)   Upon request, the department will retrieve and make available nonexempt computer or electronically stored data and information through computer software or programs in use by the department.  The department is not responsible to the requestor to develop or acquire new or additional software or programs in order to retrieve the requested information.
(f)     Upon receipt of a written request to inspect a public record or receive a copy, the department will respond as soon as practicable and without unreasonable delay.  The department may request additional information from the requestor in order to expedite the department’s response.  The response to the requestor must acknowledge receipt of the request and include one of the following:
 
1. A statement that the department does not possess, or is not the custodian of, the public record.
 
2. Copies of all requested public records for which the department does not claim an exemption from disclosure under ORS 192.410 to 192.505.
 
3. A statement that the department is the custodian of at least some of the
requested public records, an estimate of the time that the department requires
before the public records may be inspected or copies provided and an estimate of the fees that the requestor must pay to receive or inspect the public records.
 
4. A statement that the department is the custodian of at least some of the
requested public records and that the department will provide an estimate of
the time and fees for disclosure of the public records within a reasonable time.
 
5. A statement that the department is uncertain whether they possess the public record and that the department will search for the record and provide an appropriate response as soon as practicable.
 
6. A statement that state or federal law prohibits the department from
acknowledging whether the record exists or that acknowledging whether the
record exists would result in the loss of federal benefits or other sanction.  This statement must cite the state or federal law relied upon by the department.
 
(g)   If requested, the department will provide proper and reasonable opportunities for on site inspection and examination of records during usual business hours.  A department representative will be present during any inspection and examination of records.
 
201.3.7 FEES
(a) The department charges all requestors actual costs to provide non-exempt public records.  Actual costs may include, but are not limited to costs for:
 
  1. Staff time spent to locate, review, segregate, and/or redact exempt materials from requested records,
  2. Staff time spent to copy, certify, or mail records or supervise inspection of original documents.
  3. Staff time spent to locate, download, format, copy, or transfer records that require electronic reproduction or conversion to an electronic format.
  4. 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.
  5. Staff time and mileage (current state mileage rate) spent in traveling to pick up and deliver records or requests for record reproduction.
  6. Time spent by legal counsel to review, segregate, or redact 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.
  7. 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 fee schedule.
  8. Printing cost of manuals or other materials produced by outside sources, such as Publishing and Distribution, State Services Division, Department of Administrative Services.
  9. Mailing or shipping requested records.
 
(b) 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.
 
(c) 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.  Charges may be pro-rated for portions of time less than one hour.
 
(d) 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.
 
(e) 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. 
 
(f) Generally, payment for charges for supplying records or information will be required before the department provides requested records.
 
(g) 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.
 
(h) The department charges all requestors as set forth above, but may waive fees in its discretion to:
  1. Furnish copies to governmental entities.
  2. Provide a closed and adjudicated investigative report to relatives of deceased person(s).
  3. Furnish copies of closed and adjudicated investigative reports to victims named in crime reports.
  4. Answer a request in which the cost of the record provided is de minimis.
  5. Answer any other request in which the department chooses to waive fees.
 
(i) The department may refer persons interested in inspecting or obtaining copies of department records or viewing the fee schedule to:
 
Oregon State Police Web site
http://www.oregon.gov/OSP
Telephone 503-378-3720
 
 
 
 
Fee Schedule
 
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
Color Photocopy
$1.00 each side
Investigative Reports
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.
$25.00/hour
Officer Notebook 
Flat rate if staff time to find and process record request does not exceed 30 minutes.  Includes up to 10 pages of notes. 
$25.00
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.
$40.00/hour
Video/Audio Tapes or DVDs/CDs w/photographs/video clips, etc.
$30.00 each
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.
$30.00/hour
Official Maintenance Records specific to one radar/laser unit
$10.00
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.
$30.00 each
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.. 
$30.00/hour
Master Record Media Replacement Fee
$12.00
Implied Consent - Patrol (tests/quizzes and answers excluded)
DRE Pre-School Student Manual (CD)
$10.00
DRE 7-Day School Student Manual (CD)
$10.00
DRE Instructor Manual (CD)
$10.00
Drugs That Impair Driving Student Manual (CD)
$10.00
Implied Consent - Forensics
 
Intoxilyzer 1400 or Intoxilyzer 5000 Operator’s Manual
$6.00
Copy of electronic DNA data on CD Rom 
$100.00
Medical Examiner
 
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.
$40.00
Fee to certify autopsy report                                                        
 
$10.00