KBA-AR Public Records and Request

Code: KBA
Adopted: 2/19/12
Revised/Readopted: 8/08/17
Orig. Code(s): KBA

“Public record” means any information that: 

1. Is prepared, owned, used or retained by the Northwest Regional Education Service District (NWRESD); 

2. Is related to an activity, transaction or function of the NWRESD; and 

3. Is necessary to satisfy the fiscal, legal, administrative or historical policies, requirements or needs of the NWRESD. 

Public record does not include messages on voice mail, on other telephone message storage and retrieval systems, or spoken communication that is not recorded. 

Board meetings and records will be matters of public information subject to such restrictions as are set by federal or state law or regulation or by pertinent court rulings. 

The Board’s official minutes, its written policies and its financial records will be available at the superintendent’s office for inspection by any citizen desiring to examine them during hours when the superintendent’s office is open. All such information will be made available to individuals with disabilities in an appropriate format upon request and with adequate advance 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 Board supports the right of the public to know about programs and services of its schools and will make every effort to disseminate accurate and timely information. Each NWRESD administrator is authorized to use all means available to keep parents and other community members informed about NWRESD programs and activities. 

No records will be released either by the superintendent or any other person designated as custodian for NWRESD records for inspection by the public or by any unauthorized persons if such disclosure would be contrary to the public interest, as described in Oregon law. 

If a copy of a record is requested, the NWRESD will provide a single certified copy. If a request to inspect a record is made and the public record is maintained in a machine-readable or other electronic form, the custodian for NWRESD shall provide the record in the form requested, if available. If not available in the form requested, the record will be provided in the form the public record is maintained. If a person who is a party to a civil judicial proceeding, to which the NWRESD is a party or who has filed notice under Oregon Revised Statute (ORS) 30.275(5)(a), asks to inspect or to receive a copy of a public record that the person knows relates to the proceeding or notice, the individual must submit the request in writing to the designated custodian of NWRESD records and at the same time to the NWRESD’s attorney. 

Employee and volunteer addresses, electronic mail addresses (other than ESD electronic mail addresses assigned by the ESD to ESD employees), social security numbers, dates of birth and telephone numbers contained in personnel records maintained by the ESD are exempt from public disclosure pursuant to ORS 192.445 and ORS 192.502 (3). Such information may be released only upon the written request of the employee or volunteer or as otherwise provided by law. 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. ESD electronic mail addresses assigned by the ESD to ESD employees are not exempt. Additionally, the ESD 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 ESD to identify ESD employees.  A duplicate of the photograph used on the badge or card shall not be disclosed. 

Upon receipt of a request, the NWRESD will respond as soon as practicable and without unreasonable delay.  

The response must acknowledge the receipt of the request and one of the following: 

1. A statement that the NWRESD does not possess, or is not the custodian of, the public record. 

2. Copies of all requested public records for which the NWRESD does not claim an exemption from disclosure under ORS 192.410 to 192.505. 

3. A statement that the NWRESD is the custodian of at least some of the requested public records, an estimate of the time the NWRESD requires before the public records may be inspected or copies of the records will be provided, and an estimate of the fees that the requester must pay as a condition of receiving the public records. 

4. A statement that the NWRESD is the custodian of at least some of the requested public records and that an estimate of the time and fees for disclosure of the public records will be provided by the NWRESD within a reasonable time. 

5. A statement that the NWRESD is uncertain whether the NWRESD possesses the public record and that the NWRESD will search for the record and make an appropriate response as soon as practicable. 

6. A statement that state or federal law prohibits the NWRESD from acknowledging whether the record exists or that acknowledging whether the record exists would result in the loss of federal benefits or other sanctions. A statement under this paragraph must include a citation to the state or federal law relied upon by the NWRESD. 

The ESD may request additional information or clarification from the requester for the purpose of expediting the ESD’s response to the request. 

The Board reserves the right to establish a fee schedule which will reasonably reimburse the ESD for the actual cost of making copies of public records for the public. There will be no additional charge for auxiliary aids and services provided for qualified persons with disabilities. 

Requests for copies of documents shall be in writing and will be presented to the superintendent. 

The NWRESD shall retain and maintain its public records in accordance with Oregon Administrative Rule (OAR) 166, Division 400. 

 END OF POLICY

Legal Reference(s):

• ORS Chapter 192
• OAR 137-004-0800(1) 
• OAR 166-400 
• Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213; 29 C.F.R. Part 1630 (2006); 28 C.F.R. Part 35 (2006). OR. DEP’T OF JUSTICE, OR. ATT’Y GENERAL’S PUBLIC RECORD AND MEETINGS MANUAL.