Code:  KBA

Readopted: 1/30/24

Adopted:  11/13/12

Orig. Code(s):  KBA

A request to inspect or receive a copy of a public record shall be in writing and will be presented to the district office.

A public record includes any writing that contains information relating to the conduct of public’s business, prepared, owned, used or retained by the district regardless of physical form or characteristics, unless otherwise exempted by law.[1] “Writing” means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols or combination thereof and all papers, maps, files, facsimiles or electronic recordings. Public record does not include any writing that does not relate to the conduct of the public’s business and that is contained in a privately owned computer.[2]

All such information will be made available to individuals with disabilities in an accessible format upon request and with appropriate advanced notice.  Auxiliary aids and services available to ensure equally effective communications to qualified persons with disabilities may include large print, Braille, audio recordings, readers, assistance in locating materials or other equally effective accommodations.

The District will establish a fee schedule which will reasonably reimburse the district for the actual cost of making public records available pursuant to law.  The district will not be obligated to complete a request for which the requester has not paid the fee as permitted by state law.  There will be no additional charge for auxiliary aids and services provided for qualified persons with disabilities.

Employee and volunteer personal residential addresses, personal email addresses, social security numbers, dates of birth and personal telephone or cellular numbers, and other information listed in Oregon Revised Statute (ORS) 192.355 as exempt, contained in personnel records maintained by the district are exempt from public disclosure pursuant to ORS 192.363 - 368 and ORS 192.355(3). This exemption does not apply to a substitute teacher, as defined in ORS 342.815, when requested by a professional education association of which the substitute teacher may be a member. 

The district will not disclose the identification badge or card of an employee without the employee’s written consent if the badge or card contains the employee’s photograph and the badge or card was prepared solely for internal use by the district to identify district employees.  A duplicate of the photograph used on the badge or card shall not be disclosed.

The district shall not, in accordance with state law, disclose personal information for the purpose of enforcement of federal immigration laws.The district shall retain and maintain its public records in accordance with Oregon Administrative Rule (OAR) 166-005-0010 and Chapter 166, Division 400 and ORS Chapter 192.

END OF POLICY

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ORS 180.805
ORS Chapter 192

OAR 137-004-0800(1)
OAR 166-005-0010
OAR 166-400

Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (2018); 29 C.F.R. Part 1630 (2021); 28 C.F.R. Part 35 (2021).
Oregon Dep’t of Justice, Oregon Attorney General, Public Records and Meetings Manual.
Americans with Disabilities Act Amendments Act of 2008, 42 U.S.C. §§ 12101-12133(2018)
Bialostsky v. Cummings, 319 Or. App. 352 (2022).

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[1] There are multiple definitions for “public record” in ORS 192. This definition comes from ORS 192.311 and applies to the inspection of records.

[2] In accordance with Bialostosky v. Cummings, 319 Or. App. 352 (2022), an individual board member may be considered a public body for public record purposes. Consequently, records created and retained solely by individual board members may be considered public records.

Code:  KBA-AR

Readopted:  6/27/24

Adopted:  4/1/00

 

In compliance with Oregon Law, the following guidelines apply to the dissemination, inspection and examination of the public records of the district:

1. A public records request shall be submitted in writing to the Compliance Officer through the PUBLIC RECORDS REQUEST FORM;
2. Upon receipt of a written request, the district shall respond within five business days[1] acknowledging receipt of the request or completing[2] the district’s response to the request.

If the district provides an acknowledgment of the request, it must:

1. Confirm that the district is the custodian of the requested record;
2. Inform the requestor that the district is not the custodian of the requested record; or
3. Notify the requestor that the district is uncertain whether the district is the custodian of the requested record.

3. If the district is the custodian of the requested record, as soon as reasonably possible but not later than 10 business days after the date the district is required to acknowledge receipt of the request as described above, the district shall:

1. Complete its response to the public records request in accordance with ORS 192.329(2). If the district determines that a record is exempt from public disclosure, the district will include a statement to that effect and that the requestor may appeal the decision pursuant to state law; or
2. Provide a written statement that the district is still processing the request and a reasonable estimated date by which the district expects to complete its response based in the information currently available. 

4. The time periods, established by Oregon law and identified above in Section 2 or 3, will not apply to the district if compliance would be impracticable because:

1. The staff[3] necessary to complete a response to the public records request are unavailable;
2. Compliance would demonstrably impede the district’s ability to perform other necessary services; or
3. Of the volume of the public records request being simultaneously processed by the district.

In these situations, the district shall, as soon as practicable and without reasonable delay, acknowledge a public records request and complete the response to the request.

5. The district may request additional information or clarification from the requester for the purpose of expediting the district’s response to the request as permitted by law. If the district requests additional information or clarification, in good faith, the obligation to complete the request is suspended until the requester provides the requested information or clarification or affirmatively declines to provide the information or clarification. If the requester fails to respond within 60 days to a good faith request from the district for information or clarification, the district shall close the request.
6. If a copy of a public record is requested, the district will provide a single copy. If a request to inspect a public record is made and the record is maintained in a machine readable or electronic form, the custodian shall provide the record in the form requested, if available. If the public record is not available in the form requested, it will be made available in the form the record is maintained.
7. If a person who is a party to a civil judicial proceeding to which the district is a party or who has filed notice under Oregon Revised Statute (ORS) 30.275(5)(a) asks to inspect or to receive a copy of a public record that the person knows relates to the proceeding or notice, the individual must submit the request in writing to the designated custodian of district records and at the same time to the district’s attorney.
8. Information will be made available to individuals with disabilities in an accessible format upon request and advance notice. Auxiliary aids and services available to qualified persons with disabilities may include large print, Braille, audio recordings, readers, assistance in locating materials or other equally effective accommodations.
9. Where the labor effort exceeds 30 minutes, labor, material and out-of-pocket charges will be charged to the requestor. Labor will be calculated at the hourly rate of the employee affected. Materials and out-of-pocket charges will be reimbursed at the established rate.
10. The district reserves the right to restrict the inspection of some public records to the district's facilities;
11. The district reserves the right to withhold, upon written request, an individual's home address or personal telephone number.

Employee addresses and telephone numbers contained in personnel records maintained by the district are exempt from public disclosure pursuant to ORS 192.445 and 192.502 (3).  Such information may be released only upon the written request of the employee or as otherwise provided by law.

If the district has informed the requester of a permitted fee, the obligation of the district to complete its response to the request is suspended until the fee has been received by the district. If the requester fails to pay the fee within 60 days of the date they were informed of the fee or fails to pay the fee within 60 days of the date on which the district informed them of the denial of the fee waiver, the district shall close the request.

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[1] “Business day” means a day other than Saturday, Sunday or a legal holiday, and on which at least one paid employee of the district is scheduled to and does report to work. Business day does not include any day on which the central administration offices of the district are closed.

[2] The district response to a public records request will be considered complete when it complies with criteria in Oregon law (ORS 192.329).

[3] Staff members who are on leave or not scheduled to work are considered to be unavailable.