Public Access to City of Tigard's Records Policy
Oregon law states that every person has a right to inspect any non-exempt
public record. Oregon Revised Statute (ORS) 192.410 defines a "public record"
as any writing containing information relating to the conduct of the public's
business, prepared, owned, used or retained by a public body regardless of the
physical form or characteristics. ORS 192.410 goes on to define "writing" as
handwriting, typewriting, printing, photostatting, photographing and every
means of recordings of any type, which includes letters, words, pictures,
sounds or symbols, or any combination thereof, and all papers, maps, magnetic
or paper tapes, photographic films and prints, discs, drums or other documents.
Requests to inspect departmental records may be granted by the department director
or an authorized representative. Requests to inspect records which are in the
custody of central records shall be referred to the Records Section, which may
consult with the applicable department director, or his or her designee, prior
to allowing inspection or releasing such records.
If there is doubt that the records requested for inspection are not clearly
within the definition of "public record," or are exempt records, the request
will be referred to the City's attorney for review and recommendation.
If multiple records are being requested or if the request is for records which
are not clearly, specifically and individually identified, the request shall
be made in writing and shall provide sufficient descriptive information to
enable staff to identify and locate the records requested.
If the records requested are documents which are produced by the City for
general distribution and printed copies are available, i.e., City Council
Agenda, Council Process Handbook, Cityscape, new citizen packets, brochures,
etc., a copy of each document will be provided at no charge. Copies of
formalized reports will be provided at the City's actual cost according
to a fee schedule determined by the Finance Director.
Copies of other records will be provided at the following charges:
- Copies of documentary records, up to "8-1/2 x 11", that can be identified, located and produced with a nominal amount of staff time (less than one half-hour) will be provided at a charge of $0.25 per page, plus any cost of delivery. Copies that are "8-1/2 x 14" will be charged at $.50 per page, copies that are "11 x 17" will be charged $1.00 per page and copies that are 17" x 24" will be charged at $1.50 per page. Documents delivered via fax machine will be charged back at $2.00 for first page, $1.00 for each additional page.
- Copies of other records including records kept in a non-documentary form (oversized documents, maps, faxed documents, audio/visual recordings, microforms, electronic records, and other non-standard records) will be provided at the rate described in Oregon Administrative Rule (OAR) 166-10-0016 unless the cost is specifically set by the City of Tigard. Records which may not be covered in OAR 166-10-0016 or a City schedule will be charged back at the City's actual cost for duplicating and delivery charges.
- Copies of photographs that can be identified, located and produced with a nominal amount of staff time (less than one half-hour) will be provided at the actual cost for copying and delivery charges.
- Copies of records that require attorney time, over one-half hour, for segregation of exempt from non-exempt material will be provided at the City's actual cost for attorney time, copying and delivery charges. Staff will advise the person requesting the records of the attorney's billing rate and obtain a deposit equal to one hour of attorney time. The Finance Director will determine the final cost for attorney time based on the billing to the City.
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