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ATTORNEY GENERAL’S PUBLIC RECORDS - Oregon …

STATE OF Oregon . DEPARTMENT OF JUSTICE. ATTORNEY GENERAL'S. PUBLIC RECORDS . AND. MEETINGS manual . Knowledge will forever govern ignorance. And a people who mean to be their own governors, must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps both.. James Madison (1822). ELLEN F. ROSENBLUM. ATTORNEY General November 2014. STATEMENT OF NONDISCRIMINATION AND. COMPLIANCE WITH THE AMERICANS WITH. DISABILITIES ACT (ADA). The Americans with Disabilities Act of 1990 (ADA) requires all programs, services and activities of state and local governmental agencies to be accessible to persons with disabilities. The Oregon Department of Justice does not discriminate in providing access to its programs, services and activities on the basis of race, color, religion, ancestry, national origin, political affiliation, sex, age, marital status, sexual orientation, physical or mental disability, or any other inappropriate reason prohibited by law or policy of the state or federal government.

STATE OF OREGON DEPARTMENT OF JUSTICE ATTORNEY GENERAL’S PUBLIC RECORDS AND MEETINGS MANUAL “Knowledge will forever govern ignorance. And a people who mean to be their own governors, must arm

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Transcription of ATTORNEY GENERAL’S PUBLIC RECORDS - Oregon …

1 STATE OF Oregon . DEPARTMENT OF JUSTICE. ATTORNEY GENERAL'S. PUBLIC RECORDS . AND. MEETINGS manual . Knowledge will forever govern ignorance. And a people who mean to be their own governors, must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps both.. James Madison (1822). ELLEN F. ROSENBLUM. ATTORNEY General November 2014. STATEMENT OF NONDISCRIMINATION AND. COMPLIANCE WITH THE AMERICANS WITH. DISABILITIES ACT (ADA). The Americans with Disabilities Act of 1990 (ADA) requires all programs, services and activities of state and local governmental agencies to be accessible to persons with disabilities. The Oregon Department of Justice does not discriminate in providing access to its programs, services and activities on the basis of race, color, religion, ancestry, national origin, political affiliation, sex, age, marital status, sexual orientation, physical or mental disability, or any other inappropriate reason prohibited by law or policy of the state or federal government.

2 For additional information regarding (1) the department's ADA. compliance, (2) its policy of nondiscrimination, (3) availability of the information on this pamphlet in a different format, or (4) procedures for resolving a complaint that the department has discriminated in providing access to the department's programs, services and activities, please contact the department's ADA Coordinator: ADA Coordinator 1162 Court Street Salem, Oregon 97301-4096. Telephone: 503-947-4342 Voice 800-735-2900 TTY. 503-378-3784 Fax 2014. State of Oregon acting by and through its Department of Justice All rights reserved Additional copies may be purchased from: Publications Section Department of Justice 1162 Court Street Salem, Oregon 97301-4096. For current price, please call: (503) 378-2992. TTY: (800) 735-2900.

3 TABLE OF CONTENTS. INTRODUCTION .. xix PREFACE .. xxi I. PUBLIC RECORDS .. 1 A. WHO HAS THE RIGHT TO INSPECT PUBLIC RECORDS ? .. 1 B. WHO IS SUBJECT TO THE PUBLIC RECORDS LAW? .. 2 1. PUBLIC Bodies .. 2 2. Private Bodies .. 3 C. WHAT RECORDS ARE COVERED BY THE LAW? .. 5 1. Writing .. 6 2. Prepared, Owned, Used or 8 D. HOW CAN A PERSON INSPECT OR OBTAIN PUBLIC RECORDS .. 9 1. Making a Request .. 9 2. RECORDS Custodian .. 10 3. Acknowledging a 11 4. Proper and Reasonable Opportunity to Inspect .. 12 5. Copying .. 14 6. PUBLIC Body 15 a. Protective Rules .. 15 b. Fees .. 16 (1) Fee Schedules .. 18 (2) Waiver or Reduction of Fees .. 19 (a) PUBLIC Interest Test .. 20 (b) Decision on Fee Waiver or Reduction .. 22 c. Consultation with Legal Counsel .. 24 d. Retention and Destruction of PUBLIC RECORDS .

4 24 E. WHAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE? .. 26 1. The Nature of the Exemptions .. 26 2. What Are Conditional and Unconditional Exemptions from Disclosure? 29 3. What Is The PUBLIC Interest in Disclosure ? .. 30 4. The Catalogue of Exemptions .. 31 a. The Personal Safety Exemption .. 31 b. The PUBLIC Employee Photo ID Badge and Card Exemption .. 33 c. Concealed Handgun License Holder Information Exemption .. 34 d. The Conditional Exemptions of ORS .. 36 (1) PUBLIC RECORDS Pertaining to Litigation .. 37 (2) Trade 39 (3) Criminal Investigatory Material .. 42 (4) Tests and Examination 45 (5) Business RECORDS Required to be Submitted .. 47 (6) Real Estate Appraisal Information .. 48 (7) Employee Representation Cards .. 48 (8) Civil Rights Investigation Material .. 48 (9) Unfair Labor Practice 49 iii (10) Debt Consolidating Agency Investigation 49 (11) Archaeological Site Information.

5 50 (12) Personnel Discipline Actions .. 50 (13) Information about Threatened or Endangered 52 (14) Faculty Research .. 53 (15) Computer Programs for the Use of PUBLIC Bodies .. 54 (16) Agricultural Producer Indebtedness Mediation Data .. 54 (17) Unsafe Workplace Investigation Materials .. 55 (18) PUBLIC Safety Plans .. 55 (19) Telecommunications Utility Audits .. 56 (20) Residence Address of Elector .. 57 (21) Housing Authority and Urban Renewal Agency RECORDS .. 57 (22) Interference with Property or Services .. 58 (23) Security Measures .. 59 (24) OHSU and OUS Donation RECORDS .. 60 (25) OUS Donation 60 (26) Commodity Commission Filers .. 60 (27) Financial Transfer RECORDS .. 61 (28) Social Security Numbers in Particular Court RECORDS .. 61 (29) Student Electronic Mail Addresses .. 61 (30) OHSU Medical Researcher RECORDS .

6 62 (31) Personal Information of PUBLIC Safety Officers Appearing in Certain .. RECORDS .. 62 (32) Personal Information of Certain Government 63 (33) Land Management Plans .. 64 (34) SAIF Corporation Business 64 (35) PUBLIC Safety Officer Investigations .. 65 (36) Medical Examiner RECORDS .. 65 (37) Ongoing Audits of PUBLIC Bodies .. 65 d. The Exemptions of ORS .. 66 (1) Internal Advisory Communications .. 66 (a) Types of RECORDS .. 68 (b) Balancing Disclosure and Nondisclosure .. 69 (2) Personal Privacy Exemption .. 73 (a) Personal 75 (b) Unreasonable Invasion of Privacy .. 75 (c) Balancing Disclosure and Nondisclosure .. 76 (d) Application of 77 (3) PUBLIC Employee Addresses, Social Security Numbers, Birth Dates and Telephone Numbers .. 81 (4) Confidential Submissions .. 82 (5) Corrections and Parole Board RECORDS .

7 88 (6) Lending Institution RECORDS .. 89 (7) Presentence and Probation Reports .. 89 (8) Federal Law Exemption .. 90 (9) Other Oregon Statutes Establishing Specific 91 (a) In General .. 91 iv (b) ATTORNEY -Client 95 (10) Transferred RECORDS .. 97 (11) Security Programs for Transportation of Radioactive 98 (12) PERS Nonfinancial Information about 98 (13) RECORDS Relating to the State Treasurer or OIC Publicly Traded .. Investments .. 99 (14) RECORDS Relating to the State Treasurer or OIC Investment in Private .. Fund or Asset .. 100 (15) PUBLIC Employees Retirement Fund and Industrial Accident Fund .. Monthly Reports .. 101 (16) Abandoned Property Reports .. 102 (17) Economic Development Information .. 102 (18) Transient Lodging Tax RECORDS .. 104 (19) Information for Obtaining Court-Appointed Counsel.

8 105 (20) Workers' Compensation Claim RECORDS .. 105 (21) OHSU Sensitive Business RECORDS .. 106 (22) OHSU Candidates for University President .. 107 (23) Library RECORDS .. 107 (24) Housing and Community Services Department RECORDS .. 108 (25) Forestland Geographic Information 109 (26) PUBLIC Sale or Purchase of Electric Power .. 109 (27) Klamath Cogeneration Project .. 109 (28) PUBLIC Utility Customer 110 (29) Alternative Transportation Addresses .. 111 (30) Oregon Corrections Enterprises .. 111 (31) Confidential Submissions to DCBS .. 111 (32) County Elections Security Plans .. 112 (33) Security Programs .. 112 (34) Paternity or Support Judgments or Judicial Orders .. 113 (35) SAIF Corporation Employer Account RECORDS .. 113 (36) SAIF Corporation Claimant RECORDS .. 114 (37) Military Discharge RECORDS .

9 114 (38) Domestic Violence Service or Resource Center 114 (39) Prescription Drug Monitoring RECORDS .. 115 5. Separation of Exempt and Nonexempt Material .. 116 6. RECORDS More than 25 Years Old .. 117 7. Health Services 118 F. MAY A PUBLIC BODY VOLUNTARILY DISCLOSE AN EXEMPT record TO. SELECTED PERSONS WITHOUT WAIVING EXEMPTION GENERALLY? .. 119 G. WHERE AND HOW DOES A PERSON PROCEED IF ACCESS IS REFUSED? .. 120 1. Petitions to the ATTORNEY General .. 121 a. Role of the ATTORNEY General .. 121 b. General Procedures .. 122 c. Health Professional Regulatory Boards .. 123 2. Petitions to the District ATTORNEY .. 124 3. Elected Officials .. 125 v 4. Court Proceedings .. 126 5. The Federal Freedom of Information Act (FOIA) .. 128 PUBLIC RECORDS LAW APPENDIX A .. A-1 FREQUENTLY ASKED QUESTIONS.

10 A-1 PUBLIC RECORDS LAW APPENDIX B .. B-1 SAMPLE REQUEST FOR DISCLOSURE OF PUBLIC B-2 SAMPLE WRITTEN PROCEDURE FOR PUBLIC RECORDS REQUEST .. B-3 SAMPLE RESPONSE ACKNOWLEDGING PUBLIC RECORDS REQUEST .. B-5 CERTIFICATION OF TRUE COPY (PAPER RECORDS ) .. B-6 CERTIFICATION OF TRUE COPY (ELECTRONIC RECORDS ) .. B-7 PETITION FOR ATTORNEY GENERAL'S OR DISTRICT ATTORNEY 'S REVIEW .. B-8 HELPFUL HINTS FOR RESPONDING TO PUBLIC RECORDS REQUESTS .. B-9 PUBLIC RECORDS LAW APPENDIX C .. C-1 SUMMARIES OF Oregon APPELLATE COURT DECISIONS ON PUBLIC . RECORDS .. C-1 MacEwan v. Holm, et al., 226 Or 27, 359 P2d 413 (1961) .. C-1 Stivahtis v. Juras, 13 Or App 519, 511 P2d 421 (1973 .. C-2 Turner v. Reed, 22 Or App 177, 538 P2d 373 (1975) .. C-2 Sadler v. Oregon State Bar, 275 Or 279, 550 P2d 1218 (1976) .. C-3 Jensen v.)


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