FOIA - Riot Ribs (City Of Portland Oregon)

RE: City Public Records Request of August 18, 2020 Reference #C144806-081820

Dear J,

Due to the State of Emergency, Public Information Officers have been called to perform other essential tasks which prioritize the City’s actions to slow the spread of COVID-19.  Only employees critical for day-to-day operations are able to access City of Portland buildings.  Consequently, your public records request will be paused due to the declared emergency (ORS 192.329(6)).  The City will try to fill this request as resources become available.  Thank you for your understanding.


The City received a Public Records Request from you on August 18, 2020 for the following:
"To Whom It May Concern:

Pursuant to the Oregon Public Records Law, I hereby request the following records:

All emails sent and/or received by/to agency employee emails - from July 15th to July 22nd - containing any of the following words or phrases:

- Riot Ribs
- @riotribs

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

J Ader"
As we are able under the state of emergency, the City will review your request to determine if it has responsive records.  The City will then gather an estimate of the costs to provide copies of requested public records for which the City does not claim an exemption from disclosure.  The City is permitted to charge its actual costs to provide records.  Fees include research time to locate and analyze the requested records, even if no records are located or if the requested records are determined to be exempt from disclosure.

You can monitor the progress of your request at the link below.  Thank you for using the Portland Public Records Request Center.

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RE:  City Public Records Request of August 18, 2020 Reference #C144806-081820

Dear J,

The City received a Public Records Request from you on August 18, 2020 for the following: "To Whom It May Concern:

Pursuant to the Oregon Public Records Law, I hereby request the following records:

All emails sent and/or received by/to agency employee emails - from July 15th to July 22nd - containing any of the following words or phrases:

- Riot Ribs
- @riotribs

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

J Ader"

When you say emails sent or received by "agency employee emails," are you referring to City wide or the Mayor's office only?
CARRIE WILTON Senior Paralegal (she/her) (503) 823-3091
If you are having technical difficulties with the website, please contact the website administrator by phone or email.  (503) 823-6040 or prrhelp@portlandoregon.gov

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RE: City Public Records Request of August 18, 2020 Reference #C144806-081820
Dear J,
The City received a Public Records Request from you on August 18, 2020 for the following: "To Whom It May Concern:

Pursuant to the Oregon Public Records Law, I hereby request the following records:

All emails sent and/or received by/to agency employee emails - from July 15th to July 22nd - containing any of the following words or phrases:

- Riot Ribs
- @riotribs

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

J Ader"
The City may be the custodian of at least some of the requested public records and the estimated fees are $67.98.  20 business days after the deposit is paid, the records will be ready. However, they will not be provided until the final amount is paid.  If the final amount incurred is less than the estimate, you will only be charged actual costs.  If the work significantly exceeds the estimate, the City will contact you with a new estimate. To confirm, we are searching the following locations: Email (Includes archives) of these individuals: Mayor Wheeler All for the following search terms: "riot ribs" OR @riotribs and date range: 07/15/2020 to 08/22/2020.  If this search is incorrect or you would like to make any changes, please notify us immediately.  If you do not make changes, paying the estimate is confirmation of these proposed search parameters.
By paying the 50% deposit, you are confirming this estimate and agreeing to pay the cost of fulfilling this public records request according to the conditions set forth by the City.  The costs may include the cost of locating records, reviewing records to redact exempt material, supervising the inspection of records, copying records, certifying records and mailing records, including the cost of searching for records.  We will not be working on your request until we receive the 50% deposit.

Please reply to this message or log in to the Portland Public Records Request Center and indicate that you agree to pay the estimate.  You may pay by electronic check or credit card by going to "My Public Records Request Center" and select "View My Payments".  Then scroll to find an invoice in the status of "payment pending" and select "Make Payment".  Follow the screen prompts to make a payment.  Alternatively, you may mail a check made payable to "The City of Portland".  Please be sure and provide the Record Request Reference number (C144806-081820) on your check and mail it to:
CARRIE WILTON
1221 SW 4th Avenue, Ste. 430
Portland, OR 97204
Please note that you will need to disable your pop-up blocker in your browser settings in order to make an online payment.

Sincerely,
CARRIE WILTON
Senior Paralegal (she/her) (503) 823-3091
If you are having technical difficulties with the website, please contact the website administrator by phone or email.  (503) 823-6040 or prrhelp@portlandoregon.gov

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RE: City Public Records Request of August 18, 2020 Reference # C144806-081820

Dear J,
The City received a Public Records Request from you on August 18, 2020 for the following:
"To Whom It May Concern:

Pursuant to the Oregon Public Records Law, I hereby request the following records:

All emails sent and/or received by/to agency employee emails - from July 15th to July 22nd - containing any of the following words or phrases:

- Riot Ribs
- @riotribs

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

J Ader"
For some reason, I only just now received your check.  I apologize for the delay but I will begin processing this request as soon as possible.
Sincerely,
CARRIE WILTON
Senior Paralegal (she/her) (503) 823-3091 If you are having technical difficulties with the website, please contact the website administrator by phone or email.  (503) 823-6040 or prrhelp@portlandoregon.gov

Attachments:
responsive.pdf (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HXmoon8bUdJMgoBOcXKIVU-2FxY4uAs9w38lTMpsKseqzAA3T0I0n3AoOmdRAv9VD5FWnCAKIx6Yo7DXArKrXdXGj10mlExV-2BO6Ebyq6AyXy110wYp95m-2B57qFmra1A6Ztd2LeZh7bG2bhT3kn53Bws2cVFwzBvb69gEZyOBigsYDv0G9zMMdwfTfARhfGmMxURw-3D-3DVv3Z_YkjWYpd7I2cfMaSm1htp8q42TH-2BMNANA12Kl4GTfXrBA4eBnKDuaV9HNXNLHrnTqaYjnZ3kAgiHbMkpq0q1mm0sZ2RPQccaK3DtTxe-2FW-2F3uMeBWLB7cHB82B-2B-2B0-2FgmxA9Nz-2Bo8ATodXajw7MjCo0uMcEIG6xYZWjpeR-2BHH9MQEuz2QGupDZbS48OmUv-2FCjj0FvinkVpUFdMVhQ4-2BPx1gcT-2BdtU6QcptP-2B9AIV6oYGA3SQiu3urquF62iyOjTTo9zq0cg8hY9U3u81jA1X-2BO7U7HwLHQrKa0bI43etP1hUoITlzMTP-2B8oSkldLqN-2BZBcXGXZY-2BFG8VJkCNhxzDdnkpm2l-2FuuTbZyUfWQzJLUs-2FIlWamGq15GM1Ihokk3WO3W3-2BkO3XycyRlfYIr77-2F5xqrQ-3D-3D)

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RE: City Public Records Request of August 18, 2020 Reference # C144806-081820

Dear J,
The City received a Public Records Request from you on August 18, 2020 for the following: "To Whom It May Concern:

Pursuant to the Oregon Public Records Law, I hereby request the following records:

All emails sent and/or received by/to agency employee emails - from July 15th to July 22nd - containing any of the following words or phrases:

- Riot Ribs
- @riotribs

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

J Ader"
The requested records are attached.  Some of the public records requested are exempt from disclosure and will be redacted or not provided.  The City asserts the following exemptions to disclosure:
ORS 192.355(1) internal advisory communications
ORS 192.355(9)(a) incorporating ORS 40.225 (OEC 503(2))

Please note, if you have been provided with emails or text messages as a part of your request, they may have been converted to Greenwich Mean Time (GMT).  Additionally, please note that if your search is pulling emails from a global address list, only current employees in that global address list will be included.  Global address lists do not contain emails of departed employees.
The City now considers your request fulfilled and it will be closed.  Please note, messages on closed requests will not be monitored.
Ability to Appeal:
If you were denied the right to inspect or to receive a copy of any public record of the City of Portland you may seek review of the public body's determination pursuant to ORS 192.411, 192.415, 192.418, 192.422, 192.427 and 192.431.

Sincerely,
CARRIE WILTONSenior Paralegal (she/her) (503) 823-3091 If you are having technical difficulties with the website, please contact the website administrator by phone or email.  (503) 823-6040 or prrhelp@portlandoregon.gov

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RE:  City Public Records Request of August 18, 2020 Reference #C144806-081820

Dear J,

The City received a Public Records Request from you on August 18, 2020 for the following: "To Whom It May Concern:

Pursuant to the Oregon Public Records Law, I hereby request the following records:

All emails sent and/or received by/to agency employee emails - from July 15th to July 22nd - containing any of the following words or phrases:

- Riot Ribs
- @riotribs

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

J Ader"

We provided records on November 6, 2020 and closed the request.  On August 31, 2021 you asked a follow up question in that closed request.  It is particularly difficult to answer questions over 9 months after records are provided.  Additionally, the Oregon Public Records Law does not require the City to designate which redactions were made for each exemption in the document or near the redaction, the Oregon Legislature considered adding that requirement and rejected it.  Instead, the rule is that public bodies list the exemptions asserted.
Furthermore, public bodies are not required to answer question about records, “The Public Records Law does not require public bodies to create new public records. Nor does it require public bodies to disclose the reasoning behind their actions; answer questions about their records; analyze their records; or perform legal research in order to identify records that are responsive to a request.” ATTORNEY GENERAL’S PUBLIC RECORDS AND MEETINGS MANUAL (2019) p. 7.The city did inform you that pursuant to ORS 192.355(1) and ORS 192.355(9)(a) incorporating ORS 40.225 (OEC 503(2)) that “Some of the public records requested are exempt from disclosure and will be redacted or not provided.”   Additionally, I will tell you that legally ORS 192.355(1) does not allow the City to withhold an entire record but permits specific redactions.  However, there are decisions stating that the City can withhold an entire record pursuant to ORS 192.355(9)(a) incorporating ORS 40.225 (OEC 503(2)) (Attorney Client Privilege). I understand this may not fully answer your question, but it does provide more information that the City is required to provide.
Thank you.
JENIFER JOHNSTON
Senior Deputy City Attorney (She/Her)
503-823-3077 If you are having technical difficulties with the website, please contact the website administrator by phone or email.  (503) 823-6040 or prrhelp@portlandoregon.gov