This procedure explains how to make a request for the Oregon State Bar’s records and how the bar calculates how much it will cost to respond to a request.
HOW TO REQUEST RECORDS
Requests for Disciplinary Records. Individuals wishing to review disciplinary records can submit a request through our website at http://www.osbar.org/secured/review_request.asp.
Requests for Other Records. Other requests should be sent via email to firstname.lastname@example.org, or by letter directed to:
Public Records Custodian
Oregon State Bar
PO Box 231935
Tigard, Oregon 97281-1935
Questions about OSB public records procedure should be directed to 503.431.6330 or email@example.com.
CALCULATION OF FEES
The Oregon State Bar charges fees reasonably calculated to reimburse the bar for its costs of providing and conveying copies of public records. Typically, this fee includes:
1. Staff time;
2. Copying costs; and
CHARGES FOR STAFF TIME
a. Public Records Coordinator, $ 20/hour
1. As a courtesy, the bar does not charge for the first fifteen (15) minutes of staff time spent to respond to a public records request. The bar reserves the right to charge for all of its staff time if it receives frequent or repeated requests from the same source.
2. The bar charges for staff time for all public records requests that require more than fifteen (15) minutes of staff time to prepare a response, regardless of whether records are provided in paper or electronic form.
3. Charges for staff time are based on the bar’s actual cost for the employees’ time. Charges for staff time include, but are not be limited to, time spent locating, compiling, sorting, segregating, redacting and reviewing records to prepare them for inspection, obtaining legal advice about the request and supervising the inspection of records. The rates for staff most likely to respond to records requests are approximately as follows, and may change from time to time:
b. IT Technical Support $ 20-30/hour
c. Deputy or Assistant General Counsel, $40-50/hour
COPYING PAPER RECORDS
1. As a courtesy, the bar provides up to ten (10) pages of copies at no charge. The bar reserves the right to charge for all of its copy expenses if it receives frequent or repeated requests from the same source.
2. The bar charges 25¢ per page (after the first ten (10) pages of records) to recover its costs of photocopying. This photocopying charge includes the staff time required to make copies, but does not include staff time otherwise spent locating, compiling, sorting, segregating, redacting or reviewing records.
3. A page refers to the number of paper records copied onto a piece of 8-1/2 by 11 inch paper. Except where staff deems it most efficient, documents will not be reduced in size or otherwise manipulated to fit additional records on a page. A double-sided copy constitutes two pages.
4. The bar charges for any actual additional costs for copies made on paper larger than 8-1/2 by 11 inch format, with actual costs to be calculated on a case-by-case basis.
COPYING ELECTRONIC RECORDS
1. The bar charges $7.00 for each DVD or CD used to produce electronic records. This cost includes the staff time required to copy electronic records to the disk, but does not include staff time otherwise spent locating, compiling, sorting, segregating, redacting or reviewing electronic records. Due to the threat of computer viruses and other malware, the bar cannot permit requesters to provide their own disks.
2. The bar is able to email responsive records that are smaller than 5MB in total size and are readily available in electronic format. While the bar sends emails at no cost, the bar charges for staff time otherwise spent locating, compiling, sorting, segregating, redacting or reviewing emailed electronic records. The bar will not email records that are larger than 5MB total in size, due to system constraints. The bar does not divide responsive electronic records into smaller sections to facilitate email.
3. Basic bar membership data is available in an electronic file sent by email for a cost of $58 per file. Multiple searches may require multiple files depending on the search criteria selected. The data may be the entire membership or a selected subgroup; the bar will charge for staff time spent to prepare the electronic membership records. Additional CDs of the same data requested are available for $7.00 each.
Unless a public records requestor arranges to pick up records at the bar, the bar will also charge for its actual postage costs to mail records.
WRITTEN ESTIMATE OF COSTS
The bar provides an estimate of the cost of producing records before the records are provided. If the bar estimates that responding to a request will cost more than $25.00, the bar cannot respond to the request until the requester has indicated in writing
that the bar should proceed.
The bar accepts checks or money orders made out to the Oregon State Bar. The bar reserves the right to require payment prior to providing responsive materials.
The bar will consider a fee waiver if it determines making the records available primarily benefits the general public. Fee waiver requests should explain why the request primarily benefits the general public.
If you are a party to litigation involving the bar and you are seeking information related to that litigation, the law requires you to also notify the bar’s General Counsel
of your public records request. ORS 192.420(2).
Questions about the Oregon State Bar’s public records procedure should be directed to 503-431-6330 or firstname.lastname@example.org