Portland Public Records' Request Generates 'Questionnaire', which Violates State Law

CARES Act Funding: Bank Statements showing City's receipt of CARES Act Funding. Detailed General Ledger showing CARES Act Funding Expenditures. All Contracts, Invoices, and Check Warrants regarding the use of CARES Act Funding.

RE: City Public Records Request of March 11, 2021 Reference #C169977-031121

Dear Libi,

The City received a Public Records Request from you on March 11, 2021 for the following:

"CARES Act Funding: Bank Statements showing City's receipt of CARES Act Funding. Detailed General Ledger showing CARES Act Funding Expenditures. All Contracts, Invoices, and Check Warrants regarding the use of CARES Act Funding."

You have requested a fee waiver from the City of Portland for the fees associated with your public records request. Your request is complicated enough to require me to complete a cost estimate according to statute. I want to give you an opportunity to provide more information related to your waiver request while I prepare my estimate. Please provide the following information to help me evaluate your fee waiver request:

1) How do you or your organization intend to use the information? (Please answer regarding the specific information requested as opposed to speaking generally regarding information on the general topic requested);

2) How will the information benefit the wider public? (Please explain how this specific information assists the public given the information already provided to the public on this topic);

3) How do you or your organization intend to disseminate the information to the wider public?

Without responses to all 3 of these questions it may be difficult, or even impossible, to assess whether the requested disclosure is in the public interest because it will primarily benefit the public.

Please also bear in mind that the Bureau providing the records must weigh the public's interest in disclosure against the cost to the public of fulfilling the request without reimbursement. As part of that balancing of interests, the City may consider the volume of the records requested. Please discuss whether a more narrowly tailored, and thus less expensive, request could equally meet the public interest.

Sincerely,

HEATHER HAFER

Senior Management Analyst