HomeMy WebLinkAboutCouncil Resolution 1162RESOLUTION NO. I 1
A RESOLUTION ESTABLISHING A
PUBLIC RECORDS POLICY AND SETTING FEES
WHEREAS, The City of Central Point desires to adopt a policy addressing the procedure
for inspection of public records within the City of Central Point; and
WHEREAS, Oregon State Statutes allow for reasonable fees calculated to reimburse
local government costs for providing those records, and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Central
Point that the following Public Records Request Policy be established.
CITY OF CENTRAL POINT
PUBLIC RECORDS REQUEST POLICY
SECTION 1. Right to Inspect Public Records. Every person has a right to inspect any
non-exempt public record held by the City of Central Point. Requests for any records of
the City must be made under the Oregon Public Records Law, Central Point Municipal
Code 2.52.020, and in accordance with the rules of this Central Point Public Records
Policy.
SECTION 2 Application for Public Records Inspection.
1. All applications for inspection of non-exempt public records shall be addressed to
the City Recorder using the Public Records Request form (Attachment A).
2. All applications for inspection of Police Department Records shall be addressed
to Police Office Specialist using the Public Records Request form (Attachment A).
3. Upon receipt of said application, the application may be referred to legal counsel
to determine whether records requests are exempt from disclosure.
4. The City Recorder is the official "Records Officer". The Records Officer shall
take reasonable measures to preserve the integrity of the City of Central Points' records.
In this capacity, the Records Officer may adopt reasonable rules necessary to protect the
records and prevent interference with the regular discharge of duties of the City of
Central Point.
SECTION 3. Specificity of Request. In order to facilitate the public's access to records in
the City's possession, and to avoid unnecessary expenditure of staff time, persons
requesting access to public records for inspection or copying, or who submit written
requests for copies of public records, shall specify the records requested with
particularity, furnishing the dates, subject matter and such other detail as may be
necessary to enable City personnel to readily locate the records sought.
Resolution No. 116 Q (120607) Page I of 3
SECTION 4. Reasonable Opportunity to Inspect and Copy.
1. The Records Officer shall allow a person applying for inspection and/or copying
of public records a reasonable opportunity to inspect and copy the records during usual
business hours. Reasonable opportunity does not mean the time frame set by the
requestor, so long as the Records Officer provides access to the non-exempt records
within a reasonable period of time. All records shall be inspected and copied at the City
of Central Point place of business.
2. The Records Officer may furnish a certified copy of the record to a person
requesting said record. Certification shall mean a statement on the cover sheet or last
sheet of the copy certifying that the copy is a true and correct copy and signed by the
Records Officer.
3. If the public record is maintained in a machine readable or electronic form, the
custodian shall provide copies of the public record in the form requested, if available. If
not available in the form requested, it shall be made available in the form in which it is
maintained.
4. The public right to receive copies of public records shall be complied with by the
Records Officer within a reasonable time. It is the policy of the City of Central Point not
to postpone or disrupt current and on-going matters of city business to provide staff time
for inspection or copying of non-exempt public records. Staff time shall be coordinated
by the Records Officer and shall be provided within a reasonable period of time from the
date the record request was made.
5. The City is not required to produce "lists" of records that are not already available
in the form of a "list".
SECTION 5: Fees for Public Records. In order to cover its actual costs for responding to
public records requests, the following fee schedule is adopted by the City:
1. Copies of Public Records: Copies of public records shall be .25 cents per page for
standard black and white letter size copies, .50 cents per page for 1 Ix17 black and white
copies. Color copies will be .50 for letter size copies and $1.00 for I I x 17. Photo quality
paper will be an additional charge. Police Reports $5.00 for the first page, $1 for every
additional page.
2. Electronic Format: Electronic documents may include sound recordings, video
recordings, and electronic documents. These non-exempt public records will be provided
in electronic format on CD or DVD at a cost of $5.00 each. For records that are not
already in electronic format and requested to be converted a Research Fee will be
required as stated in this policy.
3. Copies of Maps and other Nonstandard Documents: Charges for maps, large
documents, or other nonstandard size documents, shall be charged in accordance with the
actual costs incurred by the City to reproduce them.
4. Research Fees: If a request for records requires City personnel to spend more
than 30 minutes searching or reviewing records prior to their review or copying, the fee
will be as follows:
a. Up to 30 minutes ......... Copy cost only
b. 30 minutes — 2 hours ......Copy Cost +$25 per hour
c. Over 2 hours ............... Employee costs plus overhead
Resolution No. 1149 a (120607) Page 2 of 3
The City will provide a written cost estimate to requestor and must receive
confirmation that the requestor wants the City to proceed with the request. Cost estimates
over $10 will be paid in advance. If the actual time and cost are less than estimated, the
excess money shall be refunded to the requestor. If the actual cost and time are in excess
of the estimated cost, the difference shall be paid at the time the records are produced.
5. Lien Search Fees: Charges associated with on-line property lien searches
will be $30.00 amending Resolution 1090, which sets Lien Search fees at $25.00.
6. Electronic Searches: For non-exempt public record requests including e-
mails or other electronic files stored on any City network the information shall be
provided on CD/DVD. The cost will be $5.00 per CD/DVD plus $100.00 per hour for the
research and copying time with a minimum of one hour charge.
7. Additional Charges: If a request is of such magnitude and nature that
compliance would disrupt the City's normal operation, the City may impose such
additional charges as are necessary to reimburse the City for its actual costs of producing
the records.
S. Reduced Fee or Free Copies: Whenever the City determines that
furnishing copies of public records in its possession at a reduced fee or without costs
would be in the public interest, the City may so authorize. ORS 192.440(4).
SECTION 6: Review of Original Records. If a request to review original records is
made, the City shall permit such a review provided that search fees are paid in advance in
accordance with Section 5, above. A representative of the City shall be present at any
time original records are reviewed.
At no time shall an original record of the City be removed from the City's files or the
place at which the record is regularly maintained, except upon authorization of the City.
If any person attempts to alter, remove, or destroy any original record, the City
representative shall immediately terminate such person's review, and notify the City
Attorney.
Adopted by the City Council of the City of Central Point this day of
2007. _
L�' i�i��Lsv1�i
Mayor Hank Williams
Approved by me this� day of , 2007.
Mayor Hank Williams
Resolution No. //6,_2 (120607) Page 3 of 3
CENTRAL
POINT
Name:
PUBLIC RECORDS REQUEST
Office of the City Recorder
Deanna Gregory
140 South Third Street
Central Point OR 97502
(541) 664-3321
(541) 664-6384 fax
Address:
Home Phone: ( ) Business: ( ) Fax �)
PUBLIC RECORDS/INFORMATION BEING REQUESTED: (Be specific, attach additional sheet if needed)
Do you want these records mailed or will you pick them up?
REQUESTOR TOREAD AND SIGN UPON SUBMITTING REQUEST
'"u.i- '-----a.__.. .�..��.� -..�.. �.� .a ......L.1... L...d.T.n ♦►.m.'�.�.��n: nvnnn4
s for summarizing _compning, or-Tp!ioring=a reeora'o mei[ rny'iCgUeb yyP!=* vi,u
times taken:to a commercial copy; business Forahose documents the''fee.will=be
recordsspecifed above ,Payment in:advance is.�equired for.'chaiges estimated to;be over $10 00 k'
.:
Signature 'f Requestor Date;of Reduest
INTERNAL USE ONLY — INFORMATION TO BE COMPLETED BY CITY STAFF
This request is best handled by the Department. Therefore, for purposes of
processing a copy of this request was provided to: on:
Copied to: . The schedule for this request is as follows:
City staff must advise the City Recorder if documents are not able to
be produced within 7 working days pursuant to CPMC 2.52.020.
ACTION TAKEN ON: Day 1: Day 2 Day 3 Day 4 Day 5
Was cost estimate provided? Yes No Date: Was letter sent (if yes, attach)
Location of Records: On Site Off Site in Box/ID #
Notes:
Reason for delay or inability to comply:
This Request was satisfied on
This request was not satisfied for the following reasons:
Fee Total $
(Completed request form to be filed with the City Recorder)
Procedure for Public Records Request
1. Complete and return the Records Request form with as much detailed information
as you can. For City Hall Records return this form to City Recorder, Deanna
Gregory. For Police Department Records return the form to Police Office Specialist,
Debbie Miller.
2. The City will provide a written cost estimate and MUST receive confirmation that you
want the City to proceed with your request. Estimates over $10 will be paid in
advance.
3. The City will contact you with the estimate and a time the records will be available
for inspection. Do you wish them to be mailed or will you pick them up?
4. If you are inspecting records at City Hall you will be called with an available time to
inspect the records. A place for ONE person will be provided for reviewing the files.
One file at a time will be made available. When you are through with it, return it, and
receive the next file. Any pages to be copied should be marked with sticky notes
provided by the city.
5. When your inspection has been completed, return the last file. If staff is available
the copies will be available at that time. If staff is not available to copy the requested
pages at that time you will be called at the phone number on this form once staff
has had time to copy the requested pages.
6. If more than one person wishes to review records at the same time, reservations
must be made in advance for use of a conference room. Research fees will be
charged to cover a staff person's time for remaining in the room with the files.
Fees for Public Records Requests
8.5 x 11 .25 per page ......
11 x 17 50 per page
Photo Paper Additional Charge
Electronic Format
CI)/DVD readily availabley � ., $5
Electronic Searches of City Server $5 for CD/DVD + $100 per hour research fee
Research Fees
_.UPtoµ30Minutes Copy�costonlY:,�
30 Minutes to 2 hours Copy Cost + $25 per hour