ADMINISTRATIVE RULE NO: 8030-01
RELATED TO POLICY SERIES NO: 8030
TITLE: PUBLIC RECORD REQUESTS
To describe the process with which members of the public may request public records from Linn-Benton Community College, and the rules that govern the release of public records information.
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.
TYPES OF INFORMATION REQUESTS
There are two types of public record requests:
- Informal Requests
- An informal request for public records 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 public records requests must be submitted in writing and will be granted or denied in accordance with Oregon Public Records Law. College shall acknowledge receipt of the request or fulfill the request within five business days after receiving the request. Acknowledgment must include whether the college is the custodian of the requested record(s).
- Any party requesting information 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 192.324(5)) requesting party/parties must fully disclose their intended purpose of the request.
- 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.
Requesting parties shall pay a deposit of $25 (twenty-five dollars), 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. Mail request form and deposit to: Linn-Benton Community College, Director of Advancement, 6500 Pacific Blvd. SW, Albany, OR 97321.
Pursuant to ORS 192.324(4)(c), the college shall provide the requesting party with an estimate, in writing, if the public records request is expected to exceed $25.00. 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, replication, and release of the requested non-exempt public records.
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 (ORS 192.324 (4)(b)): actual personnel costs; reproduction costs; delivery expenses; preparation and release of a condensed version of significant facts that are not otherwise exempt from disclosure, and attorney’s fees, if any, for reviewing, redacting or segregating the public records into exempt and nonexempt records.
Requesting party shall be charged at the rate(s) established below:
- 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 192.355); copies shall be made at no charge, unless the number of copies requested exceeds 10 pages.
- Records that require only a nominal time 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 preparation and release of a condensed version of significant facts that are not otherwise exempt from disclosure (ORS 192.355), 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 (ten cents) per black-and-white page.
- 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: copying/delivery charges; charges for summarizing, compiling tailoring; and charges for the preparation and release of a condensed version of significant facts that are not otherwise exempt from disclosure (ORS 192.355). Copying charges shall be at the rate of $0.10 (ten cents) per black-and-white 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.
- 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 192.324(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 $25.00 deposit, the requesting party’s deposit shall be forfeited.
- The college will fulfill the request for public records as soon as practicable and without unreasonable delay. Within 10 business days after acknowledging the request or receiving payment of any necessary fee, the college will complete its response to the request, or provide a written statement that they are still processing the request and include a reasonable estimated date by which the response will be provided. 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.
DATE OF ADOPTION: 06/30/11
DATE(S) OF REVISION(S): 05/07/15; 12/6/18; 12/01/22
DATE OF LAST REVIEW: 05/07/15; 12/6/18; 12/01/22