(Effective April 1, 2011)
NOTE: Public Records are NOT student records.
Definition of Public Records
Pursuant to Oregon Revised Statutes, every person has a right to inspect any nonexempt public record. (See Oregon Revised Statute, Public and Private Records; Public Reports and Meetings, Chapter 192, for definitions of exempt public records.)
Public record” means any writing containing information relating to the conduct of the public's business that is prepared, owned, used, or retained by a public body regardless of physical form or characteristics, including, but not limited to, 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.
Inspection and copying of a public record shall be done during regular business hours at the office where the record is located, or another facility designated by the College. College records shall not leave College premises for the purposes of public
record disclosure. The College may directly supervise the inspection or copying of College records, may list records inspected or copied by or at the request of a requester, and may contemporaneously copy for the College’s own purposes records inspected
or copied by or at the request of the requester. The College may provide a copy of a record in lieu of the original to protect the original record. The College may provide a redacted copy in lieu of an original record in order to delete exempt material.
Procedures for Public Record Requests
How to Request a Public Record from Mt. Hood Community College; there are two types of public records requests:
The first type of public records request is one that is verbally submitted by the requesting party for records that are incidental, readily accessible or reproducible at negligible cost, and are typically available for general public distribution.
All other public records requests must be submitted in writing and will be granted or denied in accordance with Oregon Public Records Law.
Any party requesting a fee reduction or waiver, shall fully cooperate with the College in identifying the reason(s) for the request. In order to determine whether or not the requested public records are exempt from disclosure, qualify for fee reduction
or waiver, or if the documents meet the “public interest test,” (ORS 192.440(5)) requesting party/parties must fully disclose their intended purpose of the request.
Each request must reasonably describe the records being sought. This means that a request must be specific enough to permit a College staff person who is familiar with the subject matter to locate the record in a reasonable period of time.
- Requesting parties shall pay a deposit of $25, at the time of submitting their public records request to the College. Any overpayments to the College by the requesting party will be refunded after the nonexempt public records are disclosed to the
requesting party. Deposit must accompany the Public Record(s) Request Form. Mail or hand-deliver request form and deposit to: Mt. Hood Community College, College Advancement, 26000 SE Stark Street, Gresham, OR 97030.
- The College requires the requesting party make payment to the College for the balance of the reasonable costs over and above the $25 deposit, prior to the release of the public records. (i.e., public records will be made available to the requesting
party only upon payment in full to the College, and prior to release/disclosure of the records.) These reasonable costs shall include, but are not limited to: actual personnel costs; reproduction costs; delivery expenses; preparation and release
of a condensed version of significant facts that are not otherwise exempt from disclosure (ORS 192.502(9)(b)) for public records created on or after June 20, 2007, and attorney’s fees, if any, for reviewing, redacting or segregating the public
records into exempt and nonexempt records.
- Pursuant to ORS 192.440, the College shall provide the requesting party with an estimate, in writing, if the public records request is expected to exceed $25. After receiving the estimate, requesting party shall notify the College whether it wants
the College to proceed with making the public records available. After providing a written estimate of the fees the requesting party must pay as a condition of receiving the records, the College may require written confirmation that the requesting
party wants the College to proceed with making the public record available. The College may require that the fees be paid by
the requesting party before the College dedicates its resources to the preparation, replication, and release of the
requested non-exempt public records.
- Requesting party shall be charged at the rate(s) established below:
- If the public records request requires a nominal amount of staff time (less than 30 minutes), which includes: searching; locating; retrieving; copying; transporting; summarizing, compiling, tailoring, and preparation and release of a condensed
version of significant facts that are not otherwise exempt from disclosure (ORS 192.502(9)(b)) for public records created on or after June 20, 2007; copies shall be made at no charge, unless the number of copies requested exceeds 10 pages.
- Records that require only a nominal time of staff time (less than 30 minutes), but the number of copies exceeds 10 pages, shall be charged for the actual cost of staff time, including fringe benefits, plus: copying/delivering charges; charges
for summarizing, compiling, tailoring; and preparation and release of a condensed version of significant facts that are not otherwise exempt from disclosure (ORS 192.502(9)(b)), for public records created on or after June 20, 2007; and
attorney’s fees, if any, for reviewing, redacting or segregating the public records into exempt and nonexempt records. Copying charges shall be at the rate of $0.10 (ten cents) per page.
- Records that require more than a nominal amount of staff time (30 minutes or more), will be provided to the requesting party for the actual cost of staff time, including fringe benefits, plus: copying/delivery charges; charges for summarizing,
compiling tailoring; and charges for the preparation and release of a condensed version of significant facts that are not otherwise exempt from disclosure (ORS 192.502(9)(b)),for public records created on or after June 20, 2007. Copying
charges shall be at the rate of $0.10 (ten cents) per page. Personnel costs shall be computed on the basis of quarter hours, rounded up, for time expended by College staff and/or the College’s attorney(s). Attorney fees, if any, shall
be limited to the cost of time spent by attorney(s) for the College in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The College may make exceptions
to these stated rates based upon historical practice or other circumstances.
- The fee may be waived or reduced if the furnishing of the copies is determined by the College to be in the public’s best interest as set forth in ORS 192.440(5).
- The College may charge for search time even if the Custodian of the record fails to locate any records in response to the request, or even if the records located are subsequently determined to be exempt from disclosure. When the amount of staff time
used exceeds the amount of the $25 deposit, the requesting party’s deposit shall be forfeited.
- In most cases, the College will be able to respond to the request for public records within 21 working days. While the College shall make every attempt to respond to the request within this timeframe, requests shall not affect the operations of the
College nor interfere with the regular discharge of the custodian’s duties.