Resolution No. 2017-256

RECITALS:

WHEREAS, the City of Carlton approved Resolution No. 2008-93 adopting reasonable measures to ensure the integrity of its records and effectiveness of its office operations through a written procedure and fee schedule for public information requests on May 12, 2008; and,

WHEREAS, the Oregon State Legislature approved Senate Bill 481 in July 2017, to take effect January 1, 2018; and,

WHEREAS, Senate Bill 481 modifies the Oregon Public Records Law in the Oregon Revised Statutes (ORS) 192.410 to 192.440. This bill amends the following:

A. Requirement for a written records request policy by providing a written response to requests within at least five days with at least one of the following responses:

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

B. Provides further definition for the timeframe to respond to public records requests as described in ORS 192.440 as soon as practicable and without unreasonable delay.

1. A public body’s response to a public records request is complete when the public body:

a) Provides access to or copies of all requested records within the      possession or custody of the public body that the public body does not assert are exempt from public disclosure, or explains where the records are already publicly available;
b) Asserts any exemptions from disclosure that the public body believes apply to any requested records and, if the public body cites ORS 192.502 (8) or (9), identifies the state or federal law that the public body relied on in asserting the exemptions;
c) Complies with ORS 192.505;
d) To the extent that the public body is not the custodian of records that have been requested, provides a written statement to that effect;
e) To the extent that state or federal law prohibits the public body from acknowledging whether or a requested record exists would result in loss of federal benefits or imposition of another sanction,          provides a written statement to that effect, citing the state or federal law that the public body relies on, unless the written statement itself would violate state or federal law; and
f) If the public body asserts that one or more requested records are exempt from public disclosure, includes a statement that the requester may seek review of the public body’s determination pursuant to ORS 192.450, 192.460, 192.470, 192.480 and 192.490.

C. As soon as reasonably possible, but no later than 10 business days after the date by which a public body is required to acknowledge receipt of the request under ORS 192.440, a public body shall:

1. Complete its response to the public records request; or
2. Provide a written statement that the public body is still processing the request and a reasonable estimated date by which the public body expects to complete its response based on the current information available.

THE CITY OF CARLTON RESOLVES AS FOLLOWS:

1. Repeal Resolution No. 2008-93.
2. Adopt a Public Records Request Policy for the City of Carlton as stated in Exhibit A, which is incorporated in full by this reference.
3. This resolution will take effect on January 1, 2018 when the state law ORS 192 go into effect.