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HRAR-1.03 - Public Records Information, Access and Retention

Administrative Rules Adopted by Bureaus Pursuant to Rule Making Authority (ARB)
Policy category
Policy number
HRAR-1.03
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Purpose

All City records, regardless of physical or electronic form or media, created or maintained by City employees are subject to the State of Oregon’s public records laws, which include provisions for safeguarding records from improper destruction or alteration and for providing public access to those records.

ORS Chapter 192 provides that “every person has a right to inspect any public record of a public body in this state”. The definition of “public body” includes state and local organizations including county and city governing bodies as well as City bureaus. Although the law provides specific exemptions to disclosure, most records in the possession of a public body are available to the public for inspections. It is the intention of the City of Portland to be responsive, in a timely manner, to requests for public records.

City employees should follow Auditor’s Administrative Rule ADM-8.03 and their own bureau’s rules in responding to public records requests. Consult with the Office of City Attorney when questions regarding the application of the Public Records Law in a particular situation arise.


Document Reproduction Charges Allowed

ORS 192.440(4)(a) authorizes a public body to “establish fees reasonably calculated to reimburse the public body for the public body’s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the person’s request.” Persons requesting extensive copying should be informed of the copying charge and provided an estimate of costs prior to making the copies. See Auditor’s Administrative Rule ADM-8.03 for public records request policies and procedures.


Record Transfer Procedure

See Auditor’s Administrative Rule ADM-8.04


Contact Information

Questions concerning potential exemptions or procedural issues in responding to requests should be referred to the City Attorney’s office. Any questions regarding Archives or Records Management should be directed to the Archives and Records Management division in the Auditor's Office.


References

City Code 3.76.010; City Charter 2-504; OAR 192; OAR 166


Historical notes

History

Adopted by Council March 6, 2002, Ordinance No. 176302
Effective April 5, 2002
Revised September 28, 2009
Revised April 25, 2016

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