- Sample Request for Disclosure of Public Records
- Sample Written Procedure for Public Records Request
- Sample Response Acknowledging Public Records Request
- Sample Response Completing Public Records Request
- Certification of True Copy (Paper Records)
- Certification of True Copy (Electronic Records)
- Petition for Attorney General’s or District Attorney’s Review
- Helpful Hints for Responding to Public Records Requests
Sample Request for Disclosure of Public Records
____________ (Date)
(Requester’s Name)
(Requester’s Address)
(Other contact information: E.g., requester’s telephone no., e-mail address, fax no.)
(Name of public body)
(Address of public body)
Attn: (Officer or employee responsible for processing requests)
I (we), ___________________________ (name(s)), request that (public body) and its employees (make available for inspection) (provide a copy or copies of) the following records:
1. _____________________________ (Name or description of record)
2. _____________________________ (Name or description of record)
__ I wish to arrange an opportunity to personally inspect the requested records.
__ I wish to receive copies of the requested records.
______________________________________
(Requester’s Signature)
Sample Written Procedure for Public Records Request
Making a Public Records Request
A request for public records that are in the custody of [public body] may be made by submitting a written request to:
[Name of individual]
[Title or position]
[Address]
[Other pertinent contact information, e.g., fax number, e-mail address]
The request may be submitted in person, by mail, by fax, or by e-mail.
o The request must
o Include the name and contact information of the person requesting the public record; and
o Include a sufficiently detailed description of the record(s) requested to allow [public body] to search for and identify responsive records.
o The request should be dated.
Calculation of Fees
[Public body] calculates fees for responding to public records requests in the following manner:
o $0.xx per page for photocopies.
o The cost of records transmitted by fax is $x.xx for the first page and $x.xx for each additional page, limited to an xx-page maximum, not including the cover page.
o Actual cost for use of material and equipment for producing copies of nonstandard records.
o Upon request, copies of public records may also be provided on a compact disc (CD) if the document(s) are stored in the [public body’s] computer system. Discs will be provided at a cost of $5.00 per disc and may contain as much information as the disc will hold. Due to the threat of computer viruses, the [public body] will not permit requesters to provide discs for electronic reproduction of computer records.
o Labor charges that include researching, locating, compiling, editing or otherwise processing information and records:
o No charge for the first xx minutes of staff time.
o Beginning with the xxth minute, the charge per total request is $xx.xx per hour or $xx.xx per quarter-hour. A prorated fee is not available for less than a quarter-hour.
o The actual cost for delivery of records such as postage and courier fees.
o $x.xx for each true copy certification.
o Actual attorney fees charged to the [public body] for the cost of time spent by an attorney in reviewing the public records, redacting material from the public records, or segregating the public records into exempt and nonexempt records.
[Public body] may require prepayment of estimated fees before taking further action on a request.
Sample Response Acknowledging Public Records Request
To: [Requester]
In accordance with ORS 192.324(2), this is to acknowledge our receipt on [date] of your request for the following record[s]:
[Describe records requested.]
Having reviewed your request, we are able to inform you that:
__ We are the custodian of the requested records.
__ We are not the custodian of the requested records. [You should consider submitting a public records request to (appropriate public body)].
__ We are uncertain whether or not we are the custodian of the requested records. We expect to make this determination and provide you with an update by [date].
__ We are prohibited by [insert specific federal/state law] from acknowledging whether any requested records exist.
__ Acknowledging whether any requested records exist would result in the loss of federal benefits or imposition of another sanction under [insert specific federal/state law].
[If the public body determines it is the custodian of the requested records, it should consider also including one of the following:]
We need more information to clarify what records you’re requesting: [insert clarifying questions].
We expect to be able to review and produce the requested records without cost, and produce them to you by [insert date].
The cost to fulfill your records request is [$x amount, providing breakdown of costs]. Please send payment to [insert payment procedure].
We expect to provide you with an estimated cost to fulfill your records request by [insert date].
Sample Response Completing Public Records Request
To: [Requester]
In accordance with ORS 192.329(2), this is to complete our response to your public records request of [date] for the following record[s]:
[Describe records requested.]
__ We have enclosed copies of all the requested records in our custody that are not exempt from disclosure.
__ The requested records are publicly available at [insert internet link to records].
__ We are not the custodian of [and do not possess] the requested records.
__ We have withheld or redacted [some/all] of the requested records based on [insert specific cites to statutes exempting material]. You may seek review of this denial pursuant to ORS 192.401, 192.411, 192.415, 192.418, 192.422, 192.427 and 192.431. Our position is that you may seek review by submitting a petition to the [Attorney General/_______ County District Attorney].
__ We are prohibited by [insert specific federal/state law] from acknowledging whether any requested records exist.
__ Acknowledging whether any requested records exist would result in the loss of federal benefits or imposition of another sanction under [insert specific federal/state law].
Certification of True Copy (Paper Records)
I certify that I have compared the attached consisting of page(s) with the original in this office, that I am the custodian, and that the attached is a true and correct copy.
, Oregon , 20
City Date
_______________________________
Signature Name / Title
Subscribed and sworn to before me
this ____day of _____________, 20__.
________________________________
Notary Public for Oregon
My commission expires: ____________
Certification of True Copy (Electronic Records)
I certify that I have compared the_______________________________
_____________________________________________contained on the attached _____________________________________________with the original in this office, that I am the custodian, and that the attached_______________________________ document is a true and correct copy of the original. However, because of the nature of the electronic medium on which the attached record is provided, I cannot ensure that its contents will not be modified after its release from my custody.
, Oregon _____________________, 20__
City Date
___________________________ __________________________
Signature Name / Title
Subscribed and sworn to before me this
_____day of ________________, 20__.
________________________________
Notary Public for Oregon
My commission expires: ____________
Petition for Attorney General’s or District Attorney’s Review
____________ (date)
I (we), ___________________________ (name(s)), the undersigned, request the Attorney General (or District Attorney of ____________ County) to order __________________________________ (name of governmental body) and its employees to (make available for inspection) (produce a copy or copies of) the following records:
1. ______________________________________________________
(Name or description of record)
2. ______________________________________________________
(Name or description of record)
I (we) asked to inspect and/or copy these records on __________ (date) at ___________________ (address). The request was denied by the following person(s):
1. ______________________________________________________
(Name of public officer or employee; title or position, if known)
2. ______________________________________________________
(Name of public officer or employee; title or position, if known)
______________________________________
(Signature(s))
Note: If a state agency has denied the records request, this petition can be submitted to the Attorney General at 1162 Court Street N.E., Salem, Oregon 97301-4096 or by e-mail to PublicRecordsOrder@doj.state.or.us. An online version is available at https://www.doj.state.or.us/wp-content/uploads/2017/07/public_records_petition.pdf.
If a public body other than a state agency has denied the records request, this petition can be submitted to the district attorney of the county where the public body is located.
Helpful Hints for Responding to Public Records Requests
o Consider designating one person to coordinate responses to public records requests. This will ensure consistent and, generally, more timely responses.
o Upon receiving a records request, review the request to see if it is ambiguous, overly broad, or misdirected. If so, contact the requester for clarification. A brief conversation with a requester can save considerable time and expense in responding to records requests.
o Remember that a public body must complete its response to a request as soon as practicable and without unreasonable delay, and must also complete its response within 15 business days or notify the requester in writing of the reasonable estimated date of completion. A public body does not need to follow any deadlines that a requester attempts to impose.
o Notify the requester if the public body intends to charge for the “actual cost” of making the records available. To charge a fee greater than $25.00, the public body must provide written notice of the estimated amount and receive confirmation that the requester wants the public body to process the request. For particularly expensive requests, consider requiring payment in advance of working on a request.
o At this stage, the public body may receive a request for a fee waiver. Review this manual’s discussion of this subject before responding.
o Consider whether there is any reason why the public body may not want to disclose the record. If so, consider whether any exemptions apply to the requested records. If any “conditional” exemptions appear to be applicable, remember to consider whether the public interest in disclosure outweighs the interest in nondisclosure. The public body may delay release of records to consult with legal counsel about exemptions or other relevant provisions of the law.
o If no exemptions apply to the requested records, coordinate release of the records to the requester in as timely a manner as possible.
o If one or more exemptions apply to a requested record, and the public body plans to claim the exemption(s), review each requested record to determine whether the entire record or only specific portions of the record are exempt. If only portions of a record are exempt, redact the exempt portions and disclose the remaining portions of the record.
o When denying a public records request, cite the specific exemption(s) on which the public body relies.