Oregon Public Records Law
From Sunshine Review
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The Oregon Public Records Law is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Oregon. The law was first enacted in 1973.
The Oregon Public Meetings Law legislates the methods by which public meetings are conducted.
To learn more about how to make a public records request in this state, please see: Oregon FOIA procedures
[edit] Recent news
- See also: Oregon transparency headlines
[edit] Transparency blocking
- State lawmakers urge against pricey ballot measures Aug 06, 2009
- $1.5 million for Adams' public records? Huh? Jun 13, 2009
- Kroger urged to fix public records response times Jun 13, 2009
More transparency blocking news from across the country.
[edit] Litigation
- Oregon appeals court rules handgun permit lists are public records Jun 23, 2010
- Ex-Morgue Worker Sues DA's Office Over Public Disclosure Jun 13, 2009
- Request for gun records dropped Jun 13, 2009
More FOIA litigation news from across the country.
[edit] Legislation
- Oregon lawmakers: close handgun records Jun 16, 2009
- Lawmakers back closing of handgun records Jun 16, 2009
- For state legislators, it's all about concealment Jun 16, 2009
More FOIA legislation news from across the country.
[edit] Sunshine Guardians
- Oregon AG Appoints New Transparency Chief Dec 06, 2009
Other Sunshine Guardians from across the country.
[edit] Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Oregon. For more information go the page or go to Oregon sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
| Lawsuit | Year |
|---|---|
| Davis v. Walker | 1991 |
| Gray v. Salem-Keizer School District | 1996 |
| In Defense of Animals v. OHSU | 2005 |
| Mail Tribune v. Michael Winters | 2008 |
| Marks v. McKenzie High School Fact Finding Team | 1994 |
| McEwan v. Holm | 1961 |
[edit] Proposed transparency legislation
[edit] 2010
We do not currently have any legislation for Oregon in 2010. To add some, please see WikiProject Proposed state sunshine legislation.
[edit] 2009
- "House Bill 2118 requires health professional regulatory boards to keep confidential personal e-mail addresses of licensed professionals.
- House Bill 2339 allows a district attorney, a deputy district attorney, the attorney general or an assistant attorney general to request nondisclosure of their home address, home or cellular telephone number or personal electronic mail address.
- House Bill 2315 allows the Department of Public Safety Standards and Training to withhold investigative information until an investigation is completed and the department issues a report, unless public interest requires disclosure.
- House Bill 2369 exempts from disclosure routine police traffic accident reports.
- House Bill 2390 exempts geographic fisheries information submitted to a public body from disclosure.
- House Bill 2495 exempts from disclosure employer account records of the State Accident Insurance Fund Corp.
- House Bill 2727 unconditionally closes concealed handgun license records.
- House Bill 2764 closes concealed handgun license records unless the public interest requires disclosure.
- Senate Bill 13 (like HB2369) exempts from disclosure routine police traffic accident reports.
- Senate Bill 158 allows the Department of Human Services to keep confidential investigatory records related to complaints against medical professionals after the investigation is completed and a report has been filed.
- Senate Bill 179 exempts from disclosure estate records obtained by the Department of State Lands during the search for an heir.
- Senate Bill 618 exempts military discharge records from public records disclosure." [1]
House Bill 2727 [2] would prohibit public bodies from releasing information that could be used to identify holders of or applicants for concealed handgun licenses. Bill sponsors describe the measure as an "effort to protect gun owners."[3] The bill has the support of "half of the members of the Legislature, both Democrats and Republicans, signing on as co-sponsors". [4] Newspaper The Oregonian has editorialized opposing the bill, saying that "a list of vague fears and discomfort about public access to these records" is not reason enough to prohibit public access. [5]
The Open Books Oregon Project, also known as House Bill 2500, is bi-partisan legislation introduced on January 29, 2009 in the Oregon state legislature that will:
- Create a comprehensive, free, searchable website for the state budget.
- Salary categories for state workers, contracted programs and performance outcomes.
Sponsors include:
- State Representative Arnie Roblan (D-Coos Bay).
- State Representative Jefferson Smith (D-Portland).
- State Representative Kim Thatcher (RKeizer,Newberg, St. Paul).
[edit] Transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Oregon #32 in the nation with an overall percentage of 49.10%. [6]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Oregon 47 points out of a possible 100, a letter grade of "F", and a ranking of 28 out of the 50 states.[7]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Oregon's law as the 11th best in the country, giving it a letter grade of "C".[8]
[edit] Purpose of the law
The goal of the legislation is "...to encourage state agencies to inform the public, the Legislative Assembly and the Governor of matters of public interest and concern. It is further the policy of this state to guarantee to its citizens the right to know about the activities of their government, to benefit from the information developed by state agencies at public expense and to enjoy equal access to the information services of state agencies". [9]
[edit] Features of the law
[edit] What records are covered?
ORS 192.410(4)(a) says that a public record includes any writing that:
- Contains information that relates to the conduct of the public's business
- Is prepared, owned, used or maintained by a public body
- Regardless of physical form or characteristics. [10]
- If a record (a) does not relate to the conduct of the public's business and (b) is contained on a privately owned computer", then it is not a public record as defined in the law.[10]
[edit] Exemptions
Notable exceptions include but are not limited to:
- Voice mail
- Telephone storage or retrieval systems
- Legislative Assembly records, including committee or employee records
- Library and museum special collections
- Archaeological sites[10]
- Home addresses and telephone numbers of individuals where the safety of the individual could be threatened
- Medical records
- Sealed records
- Student records
- Inmate records (25 years) [10]
- Information that concerns potnetial or current litigation
- Trade secrets
- Criminal investigation
- Examinations
- Real estate appraisal of potential land purchases
- "Records, reports and other information received or compiled by the Director of the Department of Consumer and Business Services"[10]
- Personnel disciplinary actions
- Endangered species information
- Research
- Security information
- Audit reports of telecommunications providers including financial statements
- Records submitted to a housing authority by individuals seeking funding
- Donor information
- Credit cards, account numbers, and social security numbers
- "Communications within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to any final agency determination of policy or action. This exemption shall not apply unless the public body shows that in the particular instance the public interest in encouraging frank communication between officials and employees of public bodies clearly outweighs the public interest in disclosure" [10]
- Personal information that would constitute an invasion of privacy
- Library records
However, if any record contains exempt and non-exempt material, the state is required to separate the two and release the non-exempt. [10]
[edit] What agencies are covered?
Oregon's definition of agency includes the executive and judicial branches of government as well all state and local levels. It seems to exclude the legislature, stating, "“State agency” means any state officer, department, board, commission or court created by the Constitution or statutes of this state but does not include the Legislative Assembly or its members, committees, officers or employees". [10]
[edit] Who can request records?
Anyone may request public records in Oregon. "Every person has a right to inspect any public record of a public body in this state". [11]
[edit] Must a purpose be stated?
Oregon law does not require a statement of purpose.
[edit] How can records be used?
Oregon law does not place restrictions on the use of records.
[edit] Time allowed for response
- See also: Request response times by state.
No response times are specified by Oregon law.
[edit] Fees
A fee "reasonably calculated to reimburse" may be charged, but no more than the actual cost to the agency.
- The burden of proof of establishing that specific charges are reasonable and actual is up to the custodian of the records. The custodian must be able to support that the charges are reasonable with specific supporting data.
- If the fee will exceed $25, a government agency must first provide an estimate of the fee and confirm that the requester wants to move ahead with the request.
- A charge for copies may also include the cost of staff time in conducting a file search and the cost of staff time involved in separating exempt records from non-exempt records. However, the agency is not allowed to charge for any attorney time spent deciding whether a record is exempt or not.
- According to the state's attorney general, the government agency can charge the requestor for the search time even if no records are located.[10]
[edit] Fee waivers
A waiver of fees or a reduction of fees may be given if the records that are to be disclosed "primarily benefits the general public." If a requestor asks for a waiver of fees, and the agency denies the request, there is an appeal's process available as described in ORS 192.440(5).
Note: If a particular government agency gets its funding from funds that are dedicated, whether by statute or the state's constitution, the agency is not allowed to waive its fees, no matter how much it may agree with the requestor that the purpose of the request would benefit the public.
[edit] Open meetings
"The Oregon form of government requires an informed public aware of the deliberations and decisions of governing bodies and the information upon which such decisions were made. It is the intent of ORS 192.610 to 192.690 that decisions of governing bodies be arrived at openly." [12]
[edit] Notable requests
[edit] See also
- Oregon FOIA procedures
- Oregon transparency headlines
- Oregon transparency advocates
- Oregon transparency legislation
- Private agency, public dollars-Oregon
- Oregon Public Meetings Law
[edit] External links
- Oregon Statutes, Public records & Public meetings
- Open Government Guide to Oregon
- Past articles on Oregon
- Open Up Oregon
- Open Oregon, a Freedom of Information Coalition website.
- Press release announcing the Open Books Oregon Project
- Ore. lawmakers call for spending records to be posted online, Associated Press, February 9, 2009
[edit] References
- ↑ Legislature should resist chipping away at access, Oregon Live, March 7, 2009
- ↑ Text and Status of HB2727
- ↑ Bill would shield concealed weapons permits, Mail Tribune, February 18, 2009
- ↑ Ore. lawmakers move to close gun permit records, Associated Press, February 21, 2009
- ↑ For state legislators, it's all about concealment, The Oregonian, March 12, 2009
- ↑ Integrity Index available for download here
- ↑ Graded state responsiveness to FOI requests, 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ Oregon Statutes, 192.235(2)
- ↑ 10.0 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 ORS 192.410(4)(a)
- ↑ Oregon Revised Statutes, 192.420
- ↑ Oregon Statutes, 192.620
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