S:\FORMS\Administrative\Public Records Request adopted 12-11-17.rtf
City of Veneta
Exhibit “A” to Resolution No. 1231
Public Records Request Policy & Fees
Pursuant to Senate Bill 481, Section 3 – ORS 192.440 Subsection (2) is amended to read as follows:
Effective January 1, 2018, the City of Veneta will acknowledge requests for public records within 5 business
days and will fulfill or issue written response within 10 business days from acknowledgement by including
one or more of the following:
(a) Confirm that the public body is the custodian of the requested record;
(b) Inform the requestor that the public body is not the custodian of the requested record; or
(c) Notify the requestor that the public body is uncertain whether the public body is the custodian of the
requested record.
Oregon law states that every person has a right to inspect any non-exempt public record. Oregon Revised
Statute (ORS) 192.410 defines a "public record" as any
writing
containing information relating to the
conduct of the public's business, prepared,
owned,
used or retained by a public body regardless of the
physical form or characteristic
s
.
ORS
192.410 goes on to define "writing" as
handwriting,
typewriting,
printing, Photostatting,
photographing and every means of recordings of any type, which includes letters,
words
,
pictures
,
sounds or
symbols,
or any combination thereof, and all
papers, maps, magnetic
or paper
tapes,
photographic films and prints, discs, drums or other
documents.
Requests to inspect records shall be referred to the City
Recorder,
who may consult with the applicable
department director, or his or her
designee,
prior to allowing inspection
or
releasing copies of such
records
.
If there is doubt that the records requested for inspection are not clearly within the definition of "public
record,"
or are exempt
records,
the request will be referred to
the
City's attorney for review and
recommendation.
All requests shall be made in writing using the Public Records Request Form attached and incorporated
into this policy by reference. Requester shall provide
sufficient
descriptive information to enable staff to
identify and locate the records req
uested.
The City has established fees to reimburse it for costs associated with making public records available, as
outlined below. You will be advised of the fee required for the request and payment of the fee must be
received prior to the requested material bei
ng
released
.
Response timelines are suspended until all fees
are paid in full. If the requester fails to pay the fee within 60 days of the date the City informed the
requester of the
fee,
or fails to pay the fee within 60 days of the date on which the public body informed
the
requester of the denial of the fee
waiver,
the public body shall close the
request.
The City may request additional information or clarifying information in good faith to expedite its response
to a request. Response timelines are suspended until
s
uch information is provided by the
requester
or
the requester affirmatively declines to provide the informatio
n
.
If the
requester
fails to respond within 60
days to a good faith request from the City for additional information or clarification, the City shall close the
request.
If the records requested are documents which are produced by the City for genera
l
distribution and
printed copies are
available
,
i.e., City Council
Agenda, brochures, etc.,
a copy of each document will be
provided at no charge
.