HomeMy WebLinkAboutAdmin Order 21-18-01ADMINISTRATIVE ORDER NO. 21-18-01
of the
City Manager of the City of Eugene
AMENDING POLICIES AND PROCEDURES FOR RESPONSES TO
PUBLIC RECORD REQUESTS AND REPEALING ADMINISTRATIVE
ORDER NO. 21-04-01.
The City Manager of the City of Eugene finds that:
A. Under the provisions of Chapter IV, Section 16 of the Eugene Charter of 2002, the
City Manager is designated as the administrative head of the City, specifically authorized to
appoint and remove all employees (except as otherwise provided in the Charter), organize, and, as
deemed necessary, disband and reorganize various City departments, and to enforce all ordinances
of the City.
B. On January 7, 2004, Administrative Order No. 21-04-01 was issued adopting
policies and procedures for responding to public record requests so that public record requests
would be processed by each City Department in a consistent manner and in compliance with state
law.
C. Oregon's public records law has been amended since the adoption of
Administrative Order No. 21-04-01. Therefore, it is necessary to amend the City's policies for
responding to publiQ record requests.
Now, Therefore,
The City Manager of the City of Eugene Orders and Directs that:
1. Based on the above findings, the City's policies and procedures for responding to
public record requests that were established by Administrative Order No. 21-04-01, are amended
as set forth below.
2. Administrative Order No. 21-04-01 is repealed as of the effective date of this Order.
3. A copy of this Order shall be forwarded to each Department Executive Director to
be distributed to the Department staff responsible for public record requests.
POLICIES AND PROCEDURES FOR RESPONSES
TO PUBLIC RECORDS REQUESTS
1. Public Records - Defined. All documents containing information related to the
conduct of the public's business that are prepared, owned, used, or retained by the City are public
records, and are subject to inspection unless specifically exempt under state law.
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2. Public Records - General. State law exempts certain types of information and
records from disclosure. The City Attorney's Office may be asked to review requested public
records and advise on whether the information requested is exempt from disclosure.
2.1 Personnel Information. Requests for employee information, including
addresses and telephone numbers, must be routed to Human Resources or Risk Services
for response.
2.2 Pending Litigation. Records relating to matters that are the subject of
pending litigation will only be released upon authorization by the City Attorney or Risk
Manager.
2.3 Legal Opinions. Legal opinions and other documents provided to City
personnel by the City Attorney's Office are exempt from disclosure under the
attorney/client privilege. Public Record Coordinators should notify the City Attorney's
Office of all requests for attorney-client privileged information.
2.4 Abilitv to Waive Exemptions. Many documents that qualify for an
exemption may be disclosed if the City Manager or City Council determines that disclosure
is in the public interest.
2.5 Requests Handled by the City Recorder. If a request pertains to matters
involving the Mayor or City Councilors, or the request involves multiple departments and
extensive documents, the City Recorder will respond to the request.
3. Public Record Coordinator. Each department manager and division manager (for
large departments) shall designate at least one staff person to serve as the Public Record
Coordinator ("PRC") for that department/division and forward the name(s) of all PRCs to the City
Recorder. The PRCs shall receive training with respect to the state public records laws and the
public records policies and procedures adopted by the City. Each department that develops special
publications such as budget documents or neighborhood plans shall maintain copies of those
documents within the respective department. A PRC shall be responsible for coordinating
responses to public record requests submitted to his/her department or division.
4. Categories of Public Record Requests. All public records requests should be
responded to within the time lines set by state law. Public records requests shall be classified as a
Level 1, 2, or 3 request. Notwithstanding any other provision of this order, the City Recorder
has the authority to classify any request as a Level 1 request.
4.1 Level 3 Requests. Level 3 requests are requests for pre -prepared or public
information or informative materials such as copies of the Council agenda, permit
applications, job applications, public information brochures, public meetings calendars, or
public comment solicitations and will be responded to without the necessity of a written
request or payment of a fee if:
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a. The requested document is current and readily available,
b. No duplication of the document is required,
C. The document is not subject to the City's adopted public records fee
schedule; and
d. No additional staff time or resources are required in making the
document available.
Compliance with a request to provide a document in an alternative format pursuant to
Section 5 below does not constitute duplication of the document for purposes of this
subsection.
4.2 Level 2 Requests. Level 2 requests are requests for documents that are not
immediately available in pre -prepared format such as, but not limited to, copies of minutes,
ordinances, resolutions, administrative orders, building permits, police records, or building
plans. Generally, Level 2 requests meet the following criteria:
a. The requested document is clearly and correctly identified;
b. Extensive staff research is not required to locate the document;
C. The requested document is located in one department or division;
and
d. The requested document does not contain sensitive, confidential, or
privileged information, and does not require attorney review prior
to release.
Cost estimates for responding to Level 2 requests will be provided to the requestor. The
requestor must agree to pay the estimated cost of responding to the request before staff will
begin to locate, collect, or copy the requested records. If the estimate provided by staff
exceeds the actual cost of locating, collecting, and copying the requested records, any
overpayment will be refunded to the requestor. If the actual cost of locating, collecting,
and copying the requested records exceeds the estimate provided by staff, the requestor
must pay the difference before any records will be provided to the requestor. The cost of
responding to a public records request will be determined based on the City's adopted
public records fee schedule. If a request is unclear, staff may ask for clarification of the
request.
4.3 Level 1 Requests. Some requests are unique, and are evaluated on a case-
by-case basis. Level 1 requests meet the following criteria:
a. The request involves multiple staff and/or departments/divisions;
b. The request requires extensive research or compilation of
documents;
C. The request requires attorney review, or
d. The request does not qualify as a Level 3 or Level 2 request.
The City Recorder is responsible for coordinating responses to Level I requests. Cost
estimates for responding to Level 1 requests will be provided to the requestor. The
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requestor must agree to pay the estimated cost of responding to the request before staff will
begin to locate, collect, or copy the requested records. If the estimate provided by staff
exceeds the actual cost of locating, collecting, and copying the requested records, any
overpayment will be refunded to the requestor. If the actual cost of locating, collecting,
and copying the requested records exceeds the estimate provided by staff, the requestor
must pay the difference before any records will be provided to the requestor. The cost of
responding to a public records request will be determined based on the City's adopted
public records fee schedule. If a request is unclear, staff may ask for clarification of the
request.
5. Provision of Records in Alternative Format. The Americans with Disabilities
Act (ADA) prohibits the City from discriminating against persons with disabilities when providing
services, programs and activities. Thus, when making public records available to the public, the
City must provide an opportunity for persons with disabilities to request a record in an alternative
format (large print, Braille, audio tape, etc.). The City must give primary consideration to the
choice expressed by the person but is not required to provide personal devices, such as reading
glasses, for personal use or study. The City is entitled to consider the resources available for use
in responding to a request for an alternative format. The PRC should consult with legal counsel if
there is a question about the City's obligation under the ADA in response to a particular request.
Dated and effective this 1 day of February, 2018.
Jon R. Ruiz
City Manager
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