OAR 459-060-0010: Requests and Fees for Public Records

(1) Requesting public records. Anyone may request disclosure of a public record for which the Public Employees Retirement System is the custodian by submitting a written request in person, via mail, email, or fax. PERS will provide for disclosure of any public record which an individual has a right to inspect, subject to any exemptions that may apply under ORS 192.311 to 192.431. PERS may determine the time and manner of inspection or copying to protect the records and to prevent interference with the regular activities of PERS and its employees. A request for public records must include: (a) The name, address, and telephone number, if any, of the requestor; (b) A sufficiently detailed description of the record(s) requested, including the identification, description, type, and format of the public record, if known to the requestor; (c) The number of copies requested of the public record, if copies are requested; and (d) The signature of the requestor, unless sent via email, and date of request. (2) PERS response to public record requests. Upon receiving a public record request, PERS will provide a prompt response acknowledging receipt of the request, following the guidelines set forth in ORS 192.324. (3) Time period for response. A reasonable period of time, as determined by PERS, must be allowed for staff to locate and assemble the requested record(s), and consult with the Attorney General's office, if needed. If the record requested is exempt from public disclosure under ORS 192.311 to 192.431, PERS will provide a response explaining why the record may not be released. (4) Fees for public records. In accordance with ORS 192.324(4), PERS may charge a reasonable fee for public record requests. Fees are calculated to reimburse PERS for the actual costs of locating, producing, and providing copies of public records. A fee schedule is available upon request. (a) A cost estimate will be provided to the requestor before the production of any records, other than those records that will be provided at no cost under section (5) below. (b) All fees must be paid in advance of releasing the requested public records for inspection or before photocopies are provided, unless otherwise directed by the Director or the records will be provided at no cost under section (5) below. Payments must be made by check or money order and made payable to the Public Employees Retirement System. (5) Records available at no cost. No fee will be charged to a member for one copy of the following public records: (a) Approved Board minutes or Board orders for the past 12 months; (b) Current PERS administrative rules; (c) Current Oregon Revised Statutes pertaining to PERS; (d) Current PERS publications; (e) A PERS member's record to the extent permitted under OAR 459-060-0030 and 459-060-0020, excluding paragraph (3)(a)(D); and (f) No fee will be charged for providing such records: (A) In an alternative format when required under the Americans with Disabilities Act; or (B) If the records can be provided at nominal expense where collection of the fee would be more than the cost to provide the records. (6) Except as provided under section (5) of this rule, PERS may not reduce or waive fees for making public records available and must charge the actual costs for services provided.