Department of Transportation, “waiving the fee is not warranted”, R029530-102726

November 3, 2026, 11:41 AMFrom ODOT Public Records

ODOT Public Records denies the fee waiver: “the agency has determined that waiving the fee is not warranted under ORS 192.324(5).”

Document
01M6HEVS5GG392BGCGCWXSDDT5
Date
November 3, 2026, 11:41 AM PT
To
Robert Samuel White
From
ODOT Public Records
Subject
Public Records Request :: R029530-102726
--- Please respond above this line ---

RE: PUBLIC RECORDS REQUEST of October 27, 2026, Reference # R029530-102726

Dear Robert Samuel White,
ODOT has reviewed your request for a fee waiver under ORS 192.324(5) and considered the information provided regarding your intended use and publication of the requested records. In evaluating your request, ODOT considered the following factors:  
The character of the public interest in the particular disclosure: 

ODOT recognizes the public interest in government transparency and access to information about communications between state agencies. The requested records concern potential communications between ODOT and Oregon State Police regarding other members of the public. Disclosure may provide insight into how state agencies communicate and coordinate regarding matters involving the public. However, the existence of a broader public interest in government transparency does not, by itself, establish that providing these particular records without charge primarily benefits the general public. ODOT must consider the specific records requested and the public benefit associated with their disclosure. Emails containing any of the requested terms (e.g. “threat assessment,” “welfare check” and “knock and talk”) would likely be heavily redacted or exempt from disclosure under ORS 192.355(2) and 192.355(4). 

The extent to which the fee impedes that public interest: 
ODOT recognizes that fees associated with public records requests may affect a requesters ability to obtain and disseminate information. We have considered your stated intent to publish the responsive records and the potential public benefit of making those records available. The information provided does not establish the extent to which the assessed fee would prevent or materially limit public access to the requested information. The potential benefit of publication must be considered alongside the scope of the request and the resources necessary to fill it. A data query is necessary to identify potentially responsive records. ODOT will not run the query and “price only the records [it] produces.” ODOT does not charge for records. ODOT charges for staff time to make public records available. ODOT has established a modest fee for the first phase of this request and has waived the first 30 minutes of staff time to pull records.

The extent to which a waiver would burden the public body: 
Your request encompasses three years of agency wide email communications and requires specialized staff resources to identify, retrieve, and review potentially responsive records. Additional employee time may be necessary to evaluate the records for applicable exemptions, confidentiality requirements, and redactions before disclosure. Waiving the associated fees would require ODOT to absorb these costs and redirect specialized employee time and agency resources form other operational responsibilities. The estimated fees reflect the anticipated work required to identify, retrieve, review, and process the requested records. 

After considering the character of the public interest in the particular disclosure, the extent to which the fee may impede that interest, and the burden a fee waiver would place on ODOT, the agency has determined that waiving the fee is not warranted under ORS 192.324(5).

ODOT recognizes the importance of public access to government records and remains committed to fulfilling public records request in accordance with Oregon law. 

Please let me know if you accept these estimated costs. If you do not respond to this letter within 60 days after the date this statement is sent, your request will be deemed withdrawn under ORS 192.329 unless you have advised ODOT that you will accept and will agree to pay the estimated cost, modify your request in response to the cost estimate or that you have sent a complaint to the Office of the Attorney General alleging that you have been overcharged for public information. Please note: per ORS 192.329(3)(a), ODOT requires payment of its estimated fees before taking further action on a request, but if the actual charges are less than the prepayment, any overpayment will be promptly refunded. At this time, we estimate we can complete the data pull within approximately 10 business days from receipt of payment. ODOT will provide an estimate for phase two once we know the scope of records that would need to be reviewed.

Sincerely,
ODOT Public Records

To monitor the progress or update this request please log into the Public Records Center
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