Public Records Requests
Curry Health Network fully complies with the Oregon Records Law, ORS 192.410-192.505.
1. Many public record requests are made orally and are simultaneously satisfied in the normal course of business. This procedure is not intended to replace established departmental procedures of this kind. However, each written request will receive a written response.
2. Specificity of Request: Persons requesting public records are encouraged to use the Public Records Request Form. Completed forms may be emailed (firstname.lastname@example.org) or faxed (541.247.3159). In order to facilitate the public's access to records in the possession of Curry Health Network (CHN), 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 Network personnel to readily locate the records sought. In addition, requests must include:
Name and address of the person requesting the public record;
Telephone number or other contact information for the person requesting the public record.
3. Acknowledging a Written Request; ORS 192.440(2): CHN shall provide a response acknowledging receipt of the written request as soon as practicable and without unreasonable delay. CHN may request additional information or clarification from the requester for the purpose of expediting its response to the request. The response should include one of the following:
A statement that CHN does not possess, or is not custodian of, the requested public record.
Copies of all requested public records for which CHN does not claim an exemption from disclosure under ORS 192.410 to 192.505.
A statement that CHN is the custodian of at least some of the requested public records, an estimate of the time CHN requires before the public records may be inspected or copies of the records will be provided, and an estimate of the fees the requestor may pay as a condition of receiving the public records.
A statement that CHN is the custodian of at least some of the requested public records and that an estimate of the time and fees for disclosure will be provided within a reasonable time.
A statement that CHN is uncertain whether it possesses the public record, and that a search for the record will be conducted and an appropriate response will be made as soon as practicable.
A statement that state or federal law prohibits CHN from acknowledging whether the record exists or that acknowledging whether the record exists would result in the loss of federal benefits or other sanction. This statement must include a citation to the state or federal law relied upon by CHN.
4. Access: CHN shall permit inspection and examination of its non-exempt public records during regular business hours in CHN's offices. Copies of non-exempt public records maintained in machine readable or electronic form shall be furnished, if available, in the form requested. If not available in the form requested, such records shall be made available in the form in which they are maintained. ORS 192.440(2).
5. Creation of Public Records: Public Records Law does not require public bodies to create public records.
6. Non-Disclosure of Exempt Records: Records that are exempt from disclosure by law, such as ORS 192.445, 192.447, 192.501 and 192.502, shall not be disclosed.
7. Charges Not to Exceed Reasonable Calculator of Actual Costs: CHN staff time and materials used to comply with requests for records or to summarize, compile or tailor records to meet a specific request will be charged at an amount reasonably calculated to reimburse CHN for the actual cost to CHN for employee time and materials. CHN shall not charge more than a reasonable calculation of the actual costs to respond to the request. ORS 192.440(4)(a).
8. Fees for Public Records: Fees must be limited to no more than $25.00 unless the requestor is provided with a written notification of the estimated amount of the fee which also notifies the requestor that CHN is authorized by law to require payment of actual costs even if CHN fails to locate any responsive records, and even if the records found turn out to be entirely exempt from disclosure. CHN has authority to charge a fee in excess of $25.00 only if it receives confirmation that the requestor wants it to proceed with the request. In order to recover its costs for responding to public records requests, the following fee schedule is adopted by CHN.
Copies of Public Records; Certified Copies: All single-page, one-sided copies (letter, legal or 11 x 17) may be charged at the rate of $1.00 for the first page and 10 cents for each additional page. Copies shall be certified by a notary public for an additional charge of $5.00.
Copies of Sound Recordings: Copies of sound recordings of meetings shall be $15.00 per copy.
Copies of Maps and Other Nonstandard Documents: Charges for copying maps or other nonstandard size documents shall be charged in accordance with the actual costs incurred by CHN.
Research Fees: Staff time eligible to be charged to the requestor includes time spent locating documents, reviewing documents for determinations of exempt/non-exempt status, certification of documents, time spent supervising review of records when supervision is reasonably necessary to protect the documents under review. If a request for records requires CHN staff to spend more than 15 minutes searching or reviewing records prior to their review or release for copying, the minimum fee shall be one hour and additional charges shall be in 1/4-hour increments. CHN shall estimate the total amount of time required to respond to the records request, and the person making the request shall make payment for the estimated cost of the search and copying of the records in advance. If the actual time and costs are less than estimated, the excess money shall be refunded to the person requesting the records. If the actual costs and time are in excess of the estimated time, the difference shall be paid by the person requesting the records at the time the records are produced.
Attorney Fees Associated with Request: Eligible staff time also includes fees incurred by CHN for external attorney fees for review, redaction and segregation of documents. Attorney fees for determining whether or not public records law applies to a request are not eligible for being charged to the requestor. ORS 192.440(4)(b).
Additional Charges: If a request is of such magnitude and nature that compliance would disrupt CHN's normal operation, CHN may impose such additional charges as are necessary to reimburse CHN for its actual costs of producing the records.
Reduced Fee or Free Copies: Whenever it determines that furnishing copies of public records in its possession at a reduced fee or without costs would be in the public interest, the CEO may so authorize. ORS 192.440(4).
9. Authorization Required for Removal of Original Records: At no time shall the original record of CHN be removed from CHN's files or the place at which the record is regularly maintained, except upon authorization of the CEO.
10. On-Site Review of Original Records: If a request to review original records is made, CHN shall permit such a review provided that search fees are paid in advance in accordance with the Fees for Public Records section, above. A representative shall be present at any time original records are reviewed, and the charges for standing by while the records are reviewed shall be the same as the charges for searching or reviewing records.
11. Unauthorized Alteration, Removal or Destruction of Records: If any person attempts to alter, remove or destroy any CHN record, the CHN representative shall immediately terminate such person's review, and notify Risk Management.