Public Records Request Form

Please read the City's Public Records Request Policy before submitting a request. The policy details the procedure for making a public records request, fees and other helpful information. Be sure to check out the City's website as commonly requested information may already be posted.

Policy 18-17: Public Records Request Policy

Adopted: October 2, 2018

Background:

On January 1, 2018, SB 481 Oregon Laws, Chapter 192 (2018) went into effect, modifying Oregon’s Public Records Law. Oregon’s Public Records Law now requires governmental entities to publish and make available a written records request policy setting out certain information including the name(s) of person(s) to whom requests must be submitted, with addresses, the amounts of and manner of calculating fees that the City charges for responding to requests and specific timelines for responses by a public body.

Statement of Policy:

The City desires to adopt a policy addressing the procedure for making public records requests to comply with the Oregon Public Records Law, Oregon Revised Statute (ORS) 192.311-192.478.

1.    Right to Inspect Public Records

ORS 192.314 gives every person the right to inspect any non-exempt public records held by a public body. Requests for such records must be made under the Oregon Public Records Law and in accordance with this policy.

2.    Written Requests

All requests must be made in writing in accordance with ORS 192.324(1).

3.    Levels of Requests and Staff Response

This policy is intended to assist in the provision of public records to the public within a reasonable timeframe and to clarify procedure for City staff. If staff is uncertain whether the request is a Level 1, 2 or 3, they may differ to the higher standard and process the request as a Level 3.

§ Level 1 Request

Requested records must be current and readily accessible, require no duplication, are not subject to the Public Records Fee Schedule, and must require no additional staff time or resources to be made available. Requested records do not require payment of a fee and can be provided by any staff member.

§ Level 2 Request

Requested records are not accessible but can be made accessible with no more than 30 minutes of staff time. Level 2 requests can be made to the departmental staff who is the custodian of the requested records. Request must be made clearly for records that are not more than one year old. Requested records must be in a single department, readily accessible and may not contain sensitive, confidential, or privileged information and must not require attorney review prior to release.

§ Level 3 Request

This type of request is complex, involves multiple staff and/or departments, or requires more than 30 minutes of staff time. It may involve extensive research and compilation of records and may require legal review. Any requests requiring legal review fall under this section.

4.    Procedures

a.    Requests for public records must include name, address, sufficient contact information, date of request, and a detailed description of the requested records including year of creation or range of dates. If electronic records are requested, keywords must be sufficient to locate the requested records.

b.    Except as otherwise provided by these rules, public records will not be released for inspection or copies provided to the requester unless the City receives payment of the required estimated fee from the requesting party. Failure to inform the requesting party of this requirement does not relieve the requesting party of the obligation to pay the required fee.

c.     Written requests for inspection or copies of city records must be submitted, on the City’s form, to one of the following for processing: Kara Kerpan, City Recorder, or in the City Recorder’s absence, Ben Bryant, the Assistant City Manager via email at 16000 SE Misty Drive Happy Valley, OR 97086. If the City needs additional information or clarification, staff will contact the requester.

d.    If the City is unable to comply with a request, a written response explaining why the City is unable to process the request will be sent to the requesting party.

5.    City Response

The City shall respond in accordance with Oregon Public Records Law, which currently requires the following:

a.    The City will acknowledge receipt or complete all records requests within five business days of the City Recorder or Assistant City Manager having received the request. According to ORS 192.324(2), the acknowledgement must:

                                          i.    Confirm that the public body is the custodian of the requested record;

                                         ii.    Inform the requester that the public body is not the custodian of the requested record; or

                                        iii.    Notify the requester that the public body is uncertain whether the public body is the custodian of the requested record.

b.    As soon as reasonably possible, but not later than 10 business days after the date by which a public body is required to acknowledge receipt of the request under ORS 192.329(5), the City shall:

                                          i.    Complete its response to the public records request; or

                                         ii.    Provide a written statement that the City is still processing the request and a reasonable estimated date by which City staff expects to complete its response based on the information currently available.

c.     According to ORS 192.329(6), the time periods established by ORS 192.324 and 192.329(5) do not apply if compliance would be impracticable because:

                                          i.    The staff or volunteers necessary to complete a response to the public records request are unavailable;

                                         ii.    Compliance would demonstrably impede the public body’s ability to perform other necessary services; or

                                        iii.    Of the volume of public records requests being simultaneously processed by the public body.

6.    Appeal

A person who has submitted a written public records request in compliance with City policy may seek a review of the following, in the same manner as a person petitions when inspection of a public record is denied under ORS 192.311:

a.    The failure of a public body to provide the response required by ORS 192.329 within the prescribed period. A failure of the public body to timely respond shall be treated as a denial of the request unless the public body demonstrates that compliance was not required.

b.    An estimate of the time provided by the public body, if the person believes that the estimated timeframe for the response is unreasonably long and will result in undue delay of disclosure.

c.     Any other instance in which the person believes that the public body has failed to comply with ORS 192.329

d.    The district attorney and the court have the same authority with respect to petitions under this section as when inspection of a public record is denied.

7.    Fees

a.    Fees for public records requests are set by resolution through the Master Fee Schedule process. The City may update the fee schedule annually or as needed to reflect changes in actual costs of providing services.

b.    Once receipt of a public records request has been acknowledged, staff will prepare a cost estimate reflecting the cost of City staff time and materials to make the records available. The estimate will include cost of summarizing, compiling, or researching the public records request (including, if necessary, City Attorney or other consultant review) and materials required to make the records available. Additional costs, to include observation of inspection, will be added if requester decides to inspect the records.

c.     The City will require a deposit in the full amount of the estimated costs before expending additional City resources on the request. City staff will begin work on the request only upon receipt of deposit. If the actual cost of completing the request exceeds the estimate, the City will not release records until the City’s actual costs are received in full. If the actual cost of responding to the request is less than the estimated cost, then the balance of the deposit will be refunded promptly. The payment will be in the form generally accepted for City purchases.

d.    A person requesting a waiver or reduction of fees must file a written request and include the requester’s name, address, basis for request and whether the requester can demonstrate benefit to the general public. The City may consider the requester’s ability to pay and any financial hardship on the City that would arise from granting a waiver.

e.    Any requester disabled within the definition of the Americans with Disabilities Act may also apply for a waiver or reduction of fees if any of the cost of complying with the request is due to requester’s disability.

f.      Level 1 or Level 2 requests will be made available without charge. Any request at a Level 3 may be charged in accordance with the City’s Master Fee Schedule.

g.    The decision of the City Manager or designee on any fee waiver or reduction is final.

8.    Inspection of Records

a.    Inspection of physical and certain electronic records will occur during regular business hours, by appointment. All records shall be inspected at the City of Happy Valley’s place of business. A person making a public records request may personally inspect the requested records, but the right to inspect records does not include the right access file cabinets or the right to dissemble or change the order of records in files or binders. Original records may not leave the custody of the City. A City staff member must be present while any records are inspected to ensure protection of the records. If any person attempts to alter, remove, or destroy any record, the City staff shall immediately terminate review and notify the City Attorney.

b.    If practicable, the City may send electronic records for inspection to the requester.

c.     The cost of copies will be set out in the Master Fee Schedule. All records shall be copied at the City of Happy Valley’s place of business, unless staff coordinates for a third-party vendor to copy the records. If not available in the form requested, it shall be made available in the form in which it is maintained. If staff is available, the copies will be available once all files are reviewed. If staff is not available to copy the requested pages at the time, the requester will be called once staff has had time to copy the requested pages to arrange for pick-up, mailing, or emailing of records.

d.    If the City maintains copyrighted material, the City will permit the person making the request to inspect the copyrighted material and may allow limited copying of such material if allowed under federal copyright law. The City may require the requester to obtain written consent from the copyright holder before allowing copying of such materials.

9.    Closing of the Request

a.    In accordance with ORS 192.329, the City’s response to a public records request is complete when the City:

                                          i.    Provides access to or copies of all requested records within the possession or custody of the City that are not exempt from public disclosure or explains where the records are already publicly available;

                                         ii.    Asserts any exemptions from disclosure that the City believes apply to any requested records and, if the public body cites ORS 192.355(8) or (9), identifies the state or federal law that the City relied upon in asserting exemptions;

                                        iii.    Complies with ORS 192.338;

                                       iv.    To the extent that the City is not the custodian of records that have been requested, provides a written statement to that effect;

                                         v.    To the extent that state or federal law prohibits the City from acknowledging whether or a not a requested record exists would result in a loss of federal benefits or imposition of another sanction, provides a written statement to that effect, citing the state or federal law that the City relies on, unless the written statement itself would violate state or federal law; and

                                       vi.    If the City asserts that one or more requested records are exempt from public disclosure, includes a statement that the requester may seek review of the City’s determination pursuant to ORS 192.401, 192.411. 192.415, 192.418, 192.422, 192.427 or 192.431.

Scope of Applicability:

This policy applies to all Public Records Requests.

Administration:

The City Manager is granted the authority to review and amend this policy as needed. These authorities may be delegated in part or whole at the City Manager’s discretion.

Datefield type date
Date will be captured on form submission

Requester Contact Information

First Name*field type single line
Input blocked. Maximum character limit of 4000 characters reached.
Last Name*field type single line
Input blocked. Maximum character limit of 4000 characters reached.
Business Name (If Applicable)field type single line
Input blocked. Maximum character limit of 4000 characters reached.
Email*field type email
Phone Number(?)field type single line
Input blocked. Maximum character limit of 4000 characters reached.
Address*field type address
Street Address
Address Line 2
City
State / Province / Region
Postal / Zip Code
Country

Public Records Information

Description of Record(s):*field type multi line
Please write a detailed description of what you are looking for. The more detail you provide, the better we are able to assist you.
In your Description of Records above, did you request copies of emails?*field type radio button
If you are looking for email records, you will be asked additional questions so we can better assist you.
In your Description of Records above, did you request copies of emails?YesNo
Did you request architectural plans or drawings?*field type radio button
Did you request architectural plans or drawings?YesNo

Preferred Record Format*field type drop-down
Preferred Delivery Format*field type drop-down

The City of Happy Valley retains public records in accordance with the Secretary of State's Cities Retention Schedule. Architectural drawings may be available for review; however copyright law protects the duplication of these drawings without the owner's consent.

Q: What is a copyright?

A: A copyright is the exclusive right of the copyright holder to copy, reproduce or make derivative works of their copyrighted material, such as architectural plans and drawings.

Q: Why is the City treating architectural works (plans and drawings) differently than other types of documentation?

A: While many types of work may be eligible for copyright protection, architectural works are given specific protection under U.S. Copyright law. An architectural work is “the design of a building as embodied in any tangible medium of expression, including a building, architectural plans or drawings. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design but does not include individual standard features.

Q: Why is the City saying architectural plans are copyrighted if I don’t see the © symbol on it?

A: There are a few reasons. On and after March 1, 1989, it was no longer necessary for copyright holders to place the symbol on a work for it to have copyright protection. Also, architectural works are given specific protection under U.S. Copyright law.

Q: Doesn’t Oregon Public Records Law mean the City has to give copies to the public?

A: No. Federal copyright law supersedes Oregon Public Records law. Requestors still do have the right to view copyrighted material under the Public Records law but may not make copies of the material without the copyright owner’s consent.

Q: Who is the “owner” of a copyright?

A: The “owner” is the party that holds the copyright and has the exclusive right to allow copies of the work. For architectural works such as plans and drawings, this may be either the architectural firm that drew the plans, or the party that hired the architectural firm as “work for hire,” such as a builder or individual homeowner.

Q: How can a customer determine who holds the copyright on plans or drawings?

A: The customer may view the plans/drawings and investigate who owns the plans/drawings by contacting the architect or owner represented on the plans. The City accepts that the customer has done their due diligence in investigating ownership and obtaining the proper release or deciding that their use qualifies as “fair use.”

Q: How do I know if I’m qualified to copy under fair use?

A: This is not an easy question to answer, but in general, it is acceptable to copy if it is for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. It is also generally acceptable to copy small portions of a plan for limited, non-commercial use, such as a copy of a section to locate electrical or a support wall, etc. It is not acceptable to copy a full set of plans or drawings to avoid having to pay the owner for copies of those plans. It is not fair use if the purpose is to gain commercial advantage.

Q: Are site plans copyrighted?

A: No.

Q: Can someone get a copy of plans or drawings for a replacement set, for deferred submittal or revisions without a copyright release?

A: No. They need a release signed by the copyright owner. The release template is available through the City Recorder at karak@happyvalleyor.gov.

Q: What do we do with the copyright release forms?

A: The copyright holder can email an electronic copy to the City Recorder or send a hardcopy.

Q: What if the owner of the plans is deceased or unavailable to fill out this form?

A: Copyright exists for the life of the owner plus 70 years, so death does not automatically extinguish copyright.

Q: Who can answer questions about this procedure?

A: The City Recorder.