Public Records Requests

Any writing containing information relating to the conduct of the public’s business, including but not limited to court records, mortgages, and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics. ORS 192.410(4)(a).

A record may be handwritten, typed, photocopied, printed, microfilmed, or exist in an electronic form such as email or a word processing document, or other types of electronic recordings. 

A record is a public record if it contains information relating to the conduct of Marion County business and is prepared, owned, used or retained by the county.

Public records requests must be in writing. 

Each county department has a Public Records Officer that is responsible for handling public records requests. Send an email or written note to the Public Records Officer for the department that you think holds the record. 

Written public records requests shall be responded to without unreasonable delay and in accordance with this policy. 

Unless impracticable, the public records officer shall acknowledge receipt of the written request to inspect or receive a copy of a public record within five (5) business days after receiving the request. 

As soon as reasonably possible, but not later than 15 business days after a public records officer has received a written public records request, the county shall complete its response to the request, or inform the requester in writing that the county is still processing the request and provide a reasonable estimated date when its response will be complete.  

Oregon’s Inspection of Public Records Law allows public bodies to recover their actual costs in fulfilling a public records request.

The fee must be reasonably calculated to reimburse Marion County for its actual costs in making records available, and may include: 

Please see the county’s standard fee schedule. Departments may have additional fees specific to the work of that department.

The requester will be informed of estimated fees and may be required to make a deposit before the request will be further processed.

If the estimated fee is greater than $25, Marion County will provide the requester with written notice of the estimated amount of the fee prior to fulfilling the records request. The notice may be delivered via email. 

Yes. Oregon law requires a custodian of records to provide a "reasonable opportunity to inspect public records." It is permissible for a requester to view materials instead of asking for copies, or to first inspect the records to determine what, if any, copies are needed.

The right to inspect records is subject to reasonable limits:

• Original records must not be removed by any person from a department.
• An appropriate location within each office can be used for a record inspection that permits sufficient monitoring by the records officer.
• Inspection of records can be done during regular business hours.
• The requester must not alter, mark, or make notes or comments on any records.
• Any department may, at its discretion, furnish a copy of a record in lieu of allowing inspection of the original if it determines that it is necessary for the protection of the record or determines that the request would interfere with department duties.
• Fees may apply, in order to cover the actual cost of preparing the records and supervising the inspection of original documents.

Unless impracticable, a public records officer will acknowledge receipt of the written public records request within 5 business days after receiving the request.

The acknowledgement will be in writing, which includes emailed acknowledgements, and will inform the requester that the request has been received and that the department or division:

• is the custodian of the requested record;
• is not the custodian of the requested record; or
• is uncertain whether the department or division has custody of the requested record.

A public records officer may request additional information or clarification from the requester.  The obligation to further complete the request is suspended until the requester provides the information for clarification. Requests for additional information or clarification must be made in a good faith attempt to expedite the request.

As soon as reasonably possible, but not later than 15 business days after a public records officer has received a written public records request, the county shall complete its response to the request, or inform the requester in writing that the county is still processing the request and provide a reasonable estimated date when its response will be complete. 

The 15 business days timeframe does not apply:

• If compliance is impracticable;
• During the time that the county waits for a requester to provide additional information or clarification requested by the public records officer; or
• For those days the county waited for a requester to pay a fee for the county's anticipated cost of making the public records available. 

Depending on the complexity of your request and the time spent by county staff searching for your records, a department may charge you for the time spent searching. You can assist this process by being as specific as possible when you make your request. 

Requests for fee waivers or reduced fees must be made in writing.  The county has discretion to approve or deny the request for a fee waiver.  The final decision to grant a fee waiver request must be approved by the Chief Administrative Officer (CAO) or Deputy County Administrative Officer. The CAO or Deputy CAO must consider, among other things, the character of the public interest in the particular disclosure, the purpose for which the requester intends to use the information, the extent to which the fee impedes the public interest and the extent to which the waiver would burden the county.  The law prohibits waiving fees if the records were created through use of certain constitutionally dedicated funds, such as fuel taxes or motor vehicle fees, unless the cost of charging the fee would exceed the cost of providing the record.

Records will not be available under these circumstances:

• The records are not in the department's possession;
• The records have been destroyed according to legally established retention requirements;
• The records requested may be exempt from public disclosure. State or federal law prohibits a department from acknowledging that the record exists.