KBA - Public Records
Policy KBA
A request to inspect or receive a copy of a public record shall be in writing and will be presented to the district office.
A public record includes any writing that contains information relating to the conduct of public’s business, prepared, owned, used or retained by the district regardless of physical form or characteristics, unless otherwise exempted by law.[1] “Writing” means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols or combination thereof and all papers, maps, files, facsimiles or electronic recordings. Public record does not include any writing that does not relate to the conduct of the public’s business and that is contained in a privately owned computer.[2]
All such information will be made available to individuals with disabilities in an accessible format upon request and with appropriate advanced notice. Auxiliary aids and services available to ensure equally effective communications to qualified persons with disabilities may include large print, Braille, audio recordings, readers, assistance in locating materials or other equally effective accommodations.
The District will establish a fee schedule which will reasonably reimburse the district for the actual cost of making public records available pursuant to law. The district will not be obligated to complete a request for which the requester has not paid the fee as permitted by state law. There will be no additional charge for auxiliary aids and services provided for qualified persons with disabilities.
Employee and volunteer personal residential addresses, personal email addresses, social security numbers, dates of birth and personal telephone or cellular numbers, and other information listed in Oregon Revised Statute (ORS) 192.355 as exempt, contained in personnel records maintained by the district are exempt from public disclosure pursuant to ORS 192.363 - 368 and ORS 192.355(3). This exemption does not apply to a substitute teacher, as defined in ORS 342.815, when requested by a professional education association of which the substitute teacher may be a member.
The district will not disclose the identification badge or card of an employee without the employee’s written consent if the badge or card contains the employee’s photograph and the badge or card was prepared solely for internal use by the district to identify district employees. A duplicate of the photograph used on the badge or card shall not be disclosed.
The district shall not, in accordance with state law, disclose personal information for the purpose of enforcement of federal immigration laws.The district shall retain and maintain its public records in accordance with Oregon Administrative Rule (OAR) 166-005-0010 and Chapter 166, Division 400 and ORS Chapter 192.
END OF POLICY
OAR 137-004-0800(1)
OAR 166-005-0010
OAR 166-400
Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (2018); 29 C.F.R. Part 1630 (2021); 28 C.F.R. Part 35 (2021).
Oregon Dep’t of Justice, Oregon Attorney General, Public Records and Meetings Manual.
Americans with Disabilities Act Amendments Act of 2008, 42 U.S.C. §§ 12101-12133(2018)
Bialostsky v. Cummings, 319 Or. App. 352 (2022).
[1] There are multiple definitions for “public record” in ORS 192. This definition comes from ORS 192.311 and applies to the inspection of records.
[2] In accordance with Bialostosky v. Cummings, 319 Or. App. 352 (2022), an individual board member may be considered a public body for public record purposes. Consequently, records created and retained solely by individual board members may be considered public records.
KBA-AR
In compliance with ORS 192.430, 192.445 and 192.502, the following guidelines apply to the dissemination, inspection and examination of the public records of the district:
- All requests for information must be channeled through the superintendent or superintendent's designee;
- Requests for information concerning sensitive, technical or emotional issues may be required to be submitted in writing and the district will respond in writing within a time frame consistent with the request. Reasonable accommodations will be provided for persons with disabilities upon request and with appropriate advance notice;
- Where the labor effort exceeds 30 minutes, labor, material and out-of-pocket charges will be reimbursed to the district. Labor will be calculated at the hourly rate of the employee affected. Materials and out-of-pocket charges will be reimbursed at the established rate. Auxiliary aids and services for qualified persons with disabilities will be available at no additional charge;
- The district reserves the right to restrict the inspection of some public records to the district's facilities;
- The district reserves the right to withhold, upon written request, an individual's home address or personal telephone number;
- Information will be made available to individuals with disabilities in an appropriate format upon request and advance notice. Auxiliary aids and services available to qualified persons with disabilities may include large print, Braille, audio recordings, readers, assistance in locating materials or other equally effective accommodations.
Employee addresses and telephone numbers contained in personnel records maintained by the district are exempt from public disclosure pursuant to ORS 192.445 and 192.502 (3). Such information may be released only upon the written request of the employee or as otherwise provided by law.