Request for Inspection of Public Records
Public Records Disclosure Information
Pursuant to ORS 192.420 (1), every person has a right to inspect any non-exempt public record of Lane Transit District (“LTD”). LTD recognizes and respects the public’s right to public documents and the importance of maintaining orderly files to facilitate public access in an efficient and cost-effective manner.
Requesting Public Records:
A request for public records that are in the custody of LTD may be made by submitting a written request to the Public Records Officer. Public records requests may be submitted in person, by mail, by fax, or by e-mail. The request form is available online here, or at the Administration Office at 3500 E. 17th Avenue, Eugene (in Glenwood).
Public Records Officer
P.O. Box 7070
Springfield, OR 97475
Public Records Officer
3500 E. 17th Avenue
Eugene, OR 97403
|Other Contact Information:
All written requests must be submitted on LTD’s Public Records Request Form, available here. The Public Records Request Form must be fully completed and must include the following information from the requester: (1) name; (2) mailing address; (3) e-mail address; (4) telephone number; and (5) a sufficiently detailed description of the record(s) requested to allow LTD to search for and identify responsive records. The Public Records Request Form must be signed and dated by the requester.
LTD may request additional information or clarification from the requester for the purpose of expediting LTD’s response to the request.
If the requester is a party to a judicial proceeding to which LTD is a party, or has filed a notice under ORS 30.275, and asks to inspect or receive a copy of a public record that the requester knows relates to the proceeding or notice, the requester must submit the request in writing to the Public Records Officer and, at the same time, the attorney for LTD.
Inspection of Public Records:
A requester must complete the Public Records Request Form, as set forth in Section II of the District Public Records Request Policy. A requester requesting to inspect records at LTD shall also call the Public Records Officer and indicate the number of people seeking to inspect the requested record(s) so that a conference room may be reserved. Once LTD has received and reviewed the request, the requester will be contacted when the records are ready for the requester’s review. Fees will be charged as notated below.
A space will be provided to the requester for reviewing the public record(s). There will be an hourly charge for a staff person’s time to supervise the requester’s inspection of records. This fee must be paid in advance. Any pages to be copied should be marked by the requester with a post-it note, which LTD will provide.
When the requester has completed his/her review, the requester shall return the record(s) in the same order and condition as provided. The requester will be contacted when copies are available for pick-up. As set forth in Section III, pre-payment of fees will be required.
Public Records Fees:
ORS 192.440 allows LTD to establish fees reasonably calculated to reimburse LTD for its cost of making public records available. LTD calculates fees for responses to public records requests as set forth below and in the Fee Schedule, available here. The Fee Schedule may be updated, as appropriate, by the LTD Board of Directors.
Attorney Fees. LTD may charge for attorney fees for the cost of time spent by an attorney in reviewing the public records, redacting material from the public records, or segregating the public records into exempt and nonexempt records.
Pre-payment of Fees and Cost Estimates. Payment of fees is required before LTD provides the requested record(s). For cost estimates less than $25.00, LTD will not provide an estimate of fees in advance. Cost estimates that exceed $25.00 will be provided to the requester, and LTD requires pre-payment of one-half of the estimated fee before taking further action on the request. Payment of the remaining fees is required before LTD provides the requested record(s). If the actual charges are less than the prepayment, any overpayment will be refunded in a timely manner.
ADA Format. No additional fees will be charged for providing a record in an alternate format in accordance with the Americans with Disabilities Act.
NOTE: Many public records are currently available on LTD’s website at no cost. Examples include financial reports, ordinances, and Board meeting agenda packets and minutes.
Response to Records Requests
Acknowledgment of Request. Within five (5) business days after the Clerk of the Board receives a written request for public records, LTD will acknowledge receipt of the request or complete a response to the request. As used herein, “business day” means a day other than Saturday, Sunday or a legal holiday and on which at least one paid employee of LTD that received the public records request is scheduled to and does come in to work.
LTD’s acknowledgment of receipt of a written request for public records will:
- Confirm that LTD is the custodian of the requested record;
- Inform the requester that LTD is not the custodian of the requested record; or
- Notify the requester that LTD is uncertain whether LTD is the custodian of the requested record.
Time for Response. LTD will complete its response to a written public records request that is received by the Clerk of the Board as soon as practicable and without unreasonable delay. As soon as reasonably possible but not later than ten (10) days after the date by which LTD is required to acknowledge receipt of the request, set forth in Section IV(A), LTD will:
- Complete its response to the public records request, in accordance with Section IV(C); or
- Provide a written statement that LTD is still processing the request, and a reasonable estimated date by which LTD expects to complete its response based on information currently available.
The time periods set forth herein do not apply to LTD if compliance would be impracticable because:
- The staff or volunteers necessary to complete a response to the public records request are unavailable;
- Compliance would demonstrably impede LTD’s ability to perform other necessary services; or
- Of the volume of public records requests being simultaneously processed by LTD.
For purposes of this Section, staff members or volunteers who are on leave or are not scheduled to work are considered to be unavailable.
Notwithstanding any other provision herein, LTD will, as soon as practicable and without unreasonable delay, acknowledge a public records request and complete the response to the request.
Review of Denials for Release of Public Records
Denial: Within five (5) business days of LTD’s issuance of a denial or partial denial of the requester’s public records request, the requester may petition the Public Records Officer in writing for a review of that decision. The petition must clearly identify the reasons the requester disagrees with LTD’s denial. The Public Records Officer will provide the petition and any other relevant information to the General Manager, or his/her designee. The General Manager, or his/her designee, will promptly consider the petition and either affirm or reverse the denial.
Appeal: If a public records request is denied, the person making the request may appeal the denial to the Lane County District Attorney’s Office. If the Lane County District Attorney determines that disclosure is appropriate, LTD can disclose the records or challenge the District Attorney’s decision in court.
For more information, contact:
Clerk of the Board, Public Records Officer 541-682-6103