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: CHN shall provide a response acknowledging receipt of the written request within five (5) business days after receiving the request (ORS 192.324).
The acknowledgement must either:
Confirm CHN is the custodian of the requested record, or
Inform the requester that CHN is not the custodian, or
Notify the requester that the public body is unsure whether it is the custodian of the record.
4. After acknowledging the request and within an additional ten (10) business days (for a total of 15 business days after receiving the request), CHN must:
"Complete" (see definition, below) the request, or
Provide a written statement that CHN is still processing the request and provide a reasonable estimated completion date.
A response to a public record request is "Complete" when:
CHN provides access to or copies of all requested records within the possession or custody of CHN that CHN does not assert are exempt from public disclosure, or explains where the records are already publicly available;
Asserts any exemptions from disclosure that CHN believes apply to any requested records and, if CHN cites ORS 192.355 (8) or (9), identifies the state or federal law that CHN relied on in asserting the exemptions;
Complies with ORS 192.338 (separate material exempt under ORS 192.345 and 192.355 from nonexempt material, and make nonexempt material available for examination);
To the extent that CHN is not the custodian of records that have been requested, provides a written statement to that effect;
To the extent that state or federal law prohibits CHN from acknowledging whether any requested record exists or that acknowledging whether a requested record exists would result in the loss of federal benefits or imposition of another sanction, provides a written statement to that effect, citing the state or federal law that CHN relies on, unless the written statement itself would violate state or federal law; and
If CHN asserts that one or more requested records are exempt from public disclosure, includes a statement that the requester may seek review of CHN's determination pursuant to ORS 192.401, 192.411, 192.415, 192.418, 192.422, 192.427 and 192.431.
5. Exceptions allowable to established response time periods: The time periods established by ORS 192.324 do not apply to CHN if compliance would be impracticable because:
Staff necessary to complete a response are unavailable (on leave or not scheduled to work);
Compliance would demonstrably impede CHN's ability to perform other necessary services; or
Of the volume of public records requests being simultaneously processed by CHN.
If unable to comply with the time periods for any of the above reasons, CHN shall, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response.
6. Charges Not to Exceed Reasonable Calculator of Actual Costs: CHN eligible staff time and materials used to comply with requests for records or to summarize, compile or tailor records to meet a specific request shall be charged at an amount reasonably calculated to reimburse CHN for the actual cost to CHN for eligible staff time and materials. CHN shall not charge more than a reasonable calculation of the actual costs to respond to the request. ORS 192.324(4).
7. 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 only if it receives confirmation that the requester wants it to proceed with the request.
If CHN has informed a requester of a fee, the obligation of CHN to complete its response to the request is suspended until the requester has paid the fee, the fee has been waived by CHN pursuant to ORS 192.324(5) or the fee otherwise has been ordered waived. If the requester fails to pay the fee within 60 days of the date when they were informed of the fee, or fails to pay the fee within 60 days of the date on which CHN informed the requester of the denial of the fee waiver, CHN shall close the request.
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 20 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 ¼ 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 and cost, 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 192.324(4)(b)
Additional Charges: If a request is of such magnitude and nature that compliance may 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 the custodian determines that furnishing copies of public records in its possession at a reduced fee or without costs primarily benefits the general public, the CEO may so authorize. ORS 192.324(5). If the requestor of the public records is denied their request for a reduced fee or no fee, CHN shall advise the requestor they may petition the Attorney General or district attorney in the same manner as provided under ORS 192.311 to 192.478.
8. Access: Per ORS 192.324, CHN shall provide its non-exempt public records, if requested in writing:
A copy of the public record if the public record is of a nature permitting copying; or
A reasonable opportunity to inspect or copy the public record during regular business hours in CHN's offices. 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 viewing 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.
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 the Chief Executive Officer.