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Treasure Valley Community College - Public Record Request Form

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Treasure Valley
Community College
Code: KBA-AR
Revised/Reviewed: 3/20/12
Public Records
Parties requesting public records are encouraged to complete the Public Record(s) Request form and submit it, accompanied by
a check made out to Treasure Valley Community College in an amount of $25, to the comptroller. This will allow the College to
contact you for clarification of you request and notify you when the records are available for pickup. Requests will be accepted
or denied in accordance with the College’s Guidelines for Public Records Requests.
Name of Requesting Party (i.e. business name) Date
M ailing Address of Requesting Party:
Street Address City
State Zip Phone
E-mail Address Fax
For special consideration by the College in waiving or reducing the total fee, provide nonprofit 501(c)3 status, if applicable.
Indicate No.:
For records that are subject to disclosure under ORS 192.502(9)(b), and created on or after June 20, 2007, Requesting Party
must indicate, by initialing below, whether a condensation of the significant facts that are not otherwise exempt from disclosure
under ORS 192.410 to 192.505 is desired. (Initials)
Preferred method of obtaining public records (Please make your preference known by initialing the corresponding line).
Requesting party will pick up. College will deliver via U.S. Postal Service.
It is to everyone’s advantage if requests are as precise and as narrow as possible. The requester benefits because the request can
be processed more quickly and inexpensively. The College benefits because it can do a better job of responding to the request.
The Oregon Public Records laws work best when both the requester and the College act cooperatively.
What public record(s) are you requesting? (Please specify.)
I certify that the statements contained in this form are true and correct to the best of my knowledge and belief, that I have read
and understood the Treasure Valley Community College Guidelines for Public Records Requests, and that I have attached the
required $25 deposit with this formal request. (Where fees are waived or request is denied, the College will promptly return
deposit payment.)
Name of Individual Requesting Records (please print)
Signature of Individual Submitting Request for Records Date
Public Records - KBA-AR
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Treasure Valley
Community College
Code: KBA
Adopted: 3/20/12
Public Records**
NOTE: Public Records are NOT students records.
Pursuant to Oregon Revised Statutes, every person has a right to inspect any nonexempt public record.
(See Oregon Revised Statute, Public and Private Records; Public Reports and Meetings, Chapter 192, for
definitions of exempt public records.
“Public record” means any writing containing information relating to the conduct of the public’s business
that is prepared, owned, used, or retained by a public body regardless of physical form or characteristics,
including, but not limited to, 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 recording.
Inspection and copying of a public record shall be done during regular business hours at the office where
the record is located, or another facility designated by the College. College records shall not leave College
premises for the purposes of public record disclosure. The College may directly supervise the inspection
or copying of College records, may list records inspected or copied by or at the request of a requestor, and
may contemporaneously copy for the college’s own purposes records inspected or copied by or at the
request of the requestor. The College may provide a copy of a record in lieu of the original to protect the
original record. The College may provide a redacted copy in lieu of an original record in order to delete
exempt material.
Process:
How to Request a Public Record from Treasure Valley Community College; there are two types of public
records requests:
Informal Requests
The first type of public records request is one that is verbally submitted by the requesting party for records
that are incidental, readily accessible or reproducible at negligible cost, and are typically available for
general public distribution.
Formal Requests
All other public records requests must be submitted in writing and will be granted or denied in accordance
with Oregon Public Records Law.
Any party requesting a fee reduction or waiver, shall fully cooperate with the College in identifying the
reason(s) for the request. In order to determine whether or not the requested public records are exempt
from disclosure, qualify for fee reduction or waiver, or if the documents meet the “public interest test,”
(ORS 192.440(5)) requesting party/parties must fully disclose their intended purpose of the request.
Public Records** - KBA
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Each request must reasonably describe the records being sought. This means that a request must be
specific enough to permit a College staff person who is familiar with the subject matter to locate the record
in a reasonable period of time.
1. Requesting parties shall pay a deposit of $25, at the time of submitting their public records request to
the College. Any overpayments to the College by the requesting party, will be promptly refunded
after the nonexempt public records are disclosed to the requesting party. Deposit must accompany
the Public Record(s) Request Form, which is attached. Mail request form and deposit to: Treasure
Valley Community College, Comptroller, Jonathan Gillen, 650 College Blvd, Ontario, OR 97914.
2. The College requires that the requesting party make payment to the College for the balance of the
reasonable costs over and above the $25 deposit, prior to the release of the public records. (i.e.,
public records will be made available to the requesting party only upon payment in full to the
College, and prior to release/disclosure of the records.) These reasonable costs shall include, but are
not limited to: actual personnel costs; reproduction costs; delivery expenses; preparation and release
of a condensed version of significant facts that are not otherwise exempt from disclosure (ORS
192.502(9)(b), for public records created on or after June 20, 2007), and attorney’s fees, if any, for
reviewing, redacting or segregating the public records into exempt and nonexempt records.
3. Pursuant to ORS 192.440, the College shall provide the requesting party with an estimate, in writing,
if the public records request is expected to exceed $25. After receiving the estimate, requesting party
shall notify the College whether it wants the College to proceed with making the public records
available. After providing a written estimate of the fees the requesting party must pay as a condition
of receiving the records, the College may require written confirmation that the requesting party wants
the College to proceed with making the public record available. The College may require that the
fees be paid by the requesting party before the College dedicates its resources to the preparation,
replicating, and release of the requested non-exempt public records.
Requesting party shall be charged at the rate(s) established below:
a. If the public records request requires a nominal amount of staff time (less than 30 minutes),
which includes: searching; locating; retrieving; copying; transporting; summarizing,
compiling, tailoring and preparation and release of a condensed version of significant facts that
are not otherwise exempt from disclosure (ORS 192.502(9)(b) for public records created on or
after June 20, 2007); copies shall be made at no charge, unless the number of copies requested
exceeds 10 pages.
b. Records that require only a nominal amount of staff time (less than 30 minutes), but the
number of copies exceeds 10 pages, shall be charged for the actual cost of staff time, including
fringe benefits, plus: copying/delivering charges; charges for summarizing, compiling
tailoring; and from disclosure (ORS 192.502(9)(b), for public records created on or after June
20, 2007); and attorney’s fees, if any, for reviewing, redacting or segregating the public records
into exempt and nonexempt records. Copying charges shall be at the rate of $0.10 per page.
c. Records that require more than a nominal amount of staff time (30 minutes or more), will be
provided to the requesting party for the actual cost of staff time, including fringe benefits, plus:
(1) Copying/delivery charges;
(2) Charges for summarizing, compiling tailoring; and
Public Records** - KBA
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(3) Charges for the preparation and release of a condensed version of significant facts that
are not otherwise exempt from disclosure (ORS 192.502(9)(b), for public records created
on or after June 20, 2007).
Copying charges shall be at the rate of $0.10 (ten cents) per page. Personnel costs shall be
computed on the basis of quarter hours, rounded up, for time expended by College staff and/or
the College’s attorney(s). Attorney fees, if any, shall be limited to the cost of time spent by
attorney(s) for the College in reviewing the public records, redacting material from the public
records or segregating the public records into exempt and nonexempt records.
4. The fee may be waived or reduced if the furnishing of the copies is determined by the College to be
in the public’s best interest as set forth in ORS 192.440(4)(5).
5. The College may charge for search time even if the custodian of the record fails to locate any records
in response to the request, or even if the records located are subsequently determined to be exempt
from disclosure. When the amount of staff time used exceeds the amount of the $25 deposit, the
requesting party’s deposit shall be forfeited.
6. In most cases, the College will be able to respond to the request for public records within 21 working
days. While the College shall make every attempt to respond to the request within this timeframe,
requests shall not affect the operations of the College nor interfere with the regular discharge of the
custodian’s duties.
END OF POLICY
Legal Reference(s):
ORS Chapter 192
OAR 137-004-0800(1)
OAR 166-400
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213; 29 C.F.R. Part 1630 (2006); 28 C.F.R. Part 35 (2006).
OR. DEP’T O F JU STICE, OR. ATT’Y GEN ERAL’S PU BLIC RECO RD AND MEETINGS M A NU AL.
Public Records** - KBA
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Completed 4 May 2020

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