Public Records Request

Public Records Request Policy

The Criminal Justice Commission (“Agency”) provides this document to convey its expectations concerning “public records requests”.

The Criminal Justice Commission complies with the Oregon Public Records Law under OR 192.410 to 192.505.

DEFINITIONS, ACCORDING TO OAR 125-020-0010

“Public record or writing” includes a document, book, paper, photograph, file, sound recording, machine readable electronic record or other material regardless of physical form or characteristics, made, received, filed or recorded in pursuance of law or in connection with the transaction of public business, whether or not confidential or restricted in use.

“Requestor” refers to the person requesting inspection, copies, or other reproduction of a public record of the Agency.

GUIDELINES FOR RESPONDING TO REQUESTS FOR PUBLIC RECORDS.

Formal public record requests must be submitted using the Public Records Request Form.

2. A written response to a public records request(s) will acknowledge receipt as soon as practicable and without unreasonable delay in accordance with ORS 192.440. The response will include one of the following:

3. A statement that the Agency does or does not have custody of the requested document(s);

4. Copies of all requested document(s) for which the Agency does not claim an exemption from disclosure under ORS 192.410 to 192.505;

5. A statement acknowledging that the Agency has custody of some or all of the requested document(s), and an estimate of the time needed to inspect and provide these document(s); and an estimate of the fees that the requestor must pay under section (5);

6. A statement that the Agency is uncertain whether it has custody of any of the requested document(s) and that it will search for the requested document(s) and respond as soon as practicable; or

7. A statement that state or federal law prohibits the Agency from acknowledging whether the document(s) exists and a citation to the relevant state or federal law.

8. The Agency may request additional clarification before responding to a request if the scope is unclear.

9. Public records requests will be maintained by Agency Records Officer and include the final disposition, including fee payments if appropriate.

10. If a requestor fail to respond to inquiries for clarification, cost estimate, or other communication within 10 business days, the request will be deemed “non-responsive.” The requestor may resubmit as a new request.

11. The Oregon Public Records Law allows the Agency to recover their actual costs in fulfilling a public records request. If the estimated fee is greater than $25, the Agency will provide the requestor with written notice of the estimated amount of fee. The request will not be fulfilled until the requestor confirms in writing that the requestor wants to proceed despite the estimated cost.

12. Agency Fee Schedule (per DAS Policy 107-01-160)

13. Photocopies - $0.25 per page

14. Certification of Public Records - $5

15. Labor Charges

16. Managerial Staff - $70 per hour

17. Professional Staff - $35 per hour

18. Clerical Staff - $20 per hour

19. Legal Review by DOJ - Hourly cost based on DOJ fee schedule

20. The Agency will base labor charges on the type of work performed, not on the classification of the employee who does the work.

21. The Agency will bill direct costs to the requestor (e.g. the cost of legal review by the Department of Justice). The requestor must pay the fee before the Agency sends the requested records or makes them available for viewing.

22. Requests for fee waivers or reduced fees must be submitted in writing to the Criminal Justice Commission 885 Summer St. NE, Salem OR 97301. Waiver of the fee is appropriate if answering a request for public record is within the normal course of business, if the resulting cost is negligible, or if doing so is in the public interest, as provided by law per the Attorney General’s Public Records and Meetings Manual.