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Public Records and Meetings Law

Public Records and Meetings Law. ORS 192.410 to 192.505 ORS 192.610 to 192.690. Public Records. What is a public body? ORS 192.410(3)

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Public Records and Meetings Law

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  1. Public Records and Meetings Law ORS 192.410 to 192.505 ORS 192.610 to 192.690

  2. Public Records • What is a public body? ORS 192.410(3) • “Public body” includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state.

  3. Public Records • What is a public record? ORS 192.410(4) • “Public record” includes any writing containing information relating to the conduct of the public’s business, including but not limited to court records, mortgages, and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics.

  4. Public Records • What is a public record? ORS 192.410(6) • “Writing” means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings.

  5. Basis of Public Records Law • 192.420 Right to inspect public records; (1) Every person has a right to inspect any public record of a public body in this state, except as otherwise expressly provided by ORS 192.501 to 192.505.

  6. Public Records • Requesting a public record • Submit a request • www.open-oregon.com See “Create a record request” in table of contents

  7. Public Records • The public body’s responsibility • Furnish proper and reasonable opportunities for inspection and examination of the records in the office of the custodian and reasonable facilities for making memoranda or abstracts there from, during the usual business hours, to all persons having occasion to make examination of them.

  8. Public Records • The public body’s responsibility • If the public record is maintained in machine readable or electronic form, the custodian shall furnish proper and reasonable opportunity to assure access. • Custodian must respond in a “reasonable” amount of time. • Independent elected officials have seven days to respond.

  9. Public Records • The exemptions (ORS 192.501) • Conditional exemptions • The balancing test

  10. Conditionally exempt records • 192.501 Public records conditionally exempt from disclosure. The following public records are exempt from disclosure under ORS 192.410 to 192.505 unless the public interest requires disclosure in the particular instance • There were 33 of these before the 2009 legislative session.

  11. Public Records • The exemptions (ORS 192.502) • Unconditional exemptions • No balancing test required • Advisory communications • Personal information • Information submitted in confidence • Records confidential elsewhere in law • A bunch of other stuff

  12. Unconditional exemptions • 192.502 Other public records exempt from disclosure. The following public records are exempt from disclosure under ORS 192.410 to 192.505 • There were 34 of these before 2009 legislative session began.

  13. Public Records • Public records denial appeal petitions • When to send it? • Upon denial of request. • What constitutes a denial?

  14. Public Records • Public records petitions • Where to send it? • District Attorney • City • County • School districts • Special districts

  15. Public Records • Public records petitions • Where to send it? • Attorney General • State agencies • State boards • State commissions

  16. Public Records • Public records petitions • What do I say? • ORS 192.470 • www.open-oregon.com See “Create a denial appeal letter” in table of contents • Know the exemption

  17. Public Records • Public records denial petitions • How is the request handled? • The basics • AG or DA has seven days • No provision for recovery of costs

  18. Public Records • 2007 Legislative Activity • Or Laws 2007, ch 467 • Public body must reply promptly to written public records requests by acknowledging receipt of the request and providing information about the processing of the request.

  19. Public Records • 2007 Legislative Activity • Or Laws 2007, ch 467 • Public body must make available a written procedure for making a public request. • Who to contact • How fees are calculated

  20. Public Records • 2007 Legislative Activity • Kelo case • Limits on public bodies use of attorney-client privilege to exempt information developed during investigations of wrongdoing by public body.

  21. Attorney General’s Public Records and Meetings Manual • Publications • Department of Justice • 1162 Court Street NE • Salem, Oregon 97301-4096 • 503-378-2992 • TTY: 503-735-2900

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