Web3:01. [136]ORS 192.105(1). It is possible that there may be narrow circumstances in which certain public bodies are prohibited from waivingor reducing fees. [259]And court proceedings following a denial by an elected official can be instituted in Marion County Circuit Court (for state officials) or in the county where the elected official is located (for local officials). Hood Comm. [318]Examples can be shipwrecks, lithic quarries or scatters, house pit villages, camps, burials, homesteads, and townsites.[319]. [424]And there may be other exemptions that apply to this information without requiring an individualized showing of an unreasonable invasion of privacy. [328]A public body cannot publicly disclose a personnel investigation of any of its public safety employeesif no discipline results, unless the public interest requires disclosure or if the public body determines that nondisclosure would adversely affect the publics confidence in the body. ORS 192.311(5)(b). Public bodies sometimes mistakenly take the view that preliminary reports or recommendations may be withheld simply because they have not been reviewed or finalized. [8]Apublic body is broadly defined to include, 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. [344]The factors used to determine whether an individuals personal safety is in danger are found in statute[345]and in rules adopted by the Secretary of State. The requesters inability to pay is also a factor, but is not, on its own, a sufficient basis for a fee waiver. [438]Public Records Order, May 5, 1994,Wright , at 2 (petition denied as moot because agency agreed to release requested records). [457]ORS 192.363(3), (5). That is, the Attorney General will either order the state agency to disclose the records at issue (or parts of them) or conclude that the records are exempt from disclosure. [383]The court questioned whether disclosure would have a seriously chilling effect on future investigations, observing that disclosure would not reveal anonymous whistle blowers, personal criticism, or supervisory personnel judgments that were other than clinical and detached.[384]The court also stressed the public interest in disclosure, given the highly inflammatory and widely reported nature of the underlying incident. But records that would not be necessary for any of those purposesand that therefore would not be subject to retention requirementsmay still be subject to public disclosure if they are requested while they still exist.[143]. The many federal laws and regulations that prohibit or limit disclosure of particular records (e.g., public assistance and unemployment insurance records, certain student records, and records containing protected health information) in the possession of public bodies of this state are beyond the scope of this manual. Dist. Note that this exemption does not apply to the Judicial Department or to a public employees work e-mail address. Unlike ORS 192.355(23) however, this exemption is conditional, requiring consideration of the public interest in disclosure. Our experienced journalists want to glorify God in what we do. [90]ORS 192.324(1)(a). However, failing to provide timely updates to a requester increases the chances of a petition on other grounds. Nothing expressly precludes an individual from renewing a request for confidentiality at the end of the five years. When a recording described in this subsection is subject to disclosure, the following apply: (a) Recordings that have been sealed in a courts record of a court proceeding or otherwise ordered by a court not to be disclosed may not be disclosed. [434]Jensen v. Schiffman , 24 Or App 11, 17 (1976)(discussing an exemption for criminal investigatory information, which allows a public body to withhold this information if disclosure would cause an unreasonable invasion of privacy). If no response is received to the fee estimateor clarifying question within 60 days, the public body can close the request.[74]. [275]If an agreement is not reached, the requester can still seek review from the Attorney General (for state agencies), district attorney (for cities), or the circuit court (for elected officials). This exemption enables the Department of Consumer and Business Services to maintain the confidentiality of information received from certain entities under Oregon statutes related to the regulation of a variety of businesses offering consumer services, e.g., credit unions, debt consolidation agencies, and insurance companies. WebProfessional academic writers. [396]Guard Publg Co. v. Lane County Sch. This typically occurs when each public body has a copy of the same record for its own purposes. [130]Public Records Order, Sept 5, 2017,Woodworth . The Attorney Generalhas authority to adopt rules applicable to all public bodies that describe the procedures for submitting a request for confidentiality and the evidence that must be provided to establish the validity of such a request. Flirted with a 59 in the third round. Although on its face this exemption seemingly applies to any e-mail addressin a public record, the legislative history strongly suggests that the intent was to enable public bodies to refuse requests for e-mail lists that would then be used to send unsolicited group e-mails or spam. [541], This exemption allows OCE to withhold some information that its competitors would typically not disclose. [91]39 Op Atty Gen 721, 72125, 1979 WL 35665 (1979). Even if a private entity is not the functional equivalent of a public body, but contracts with a public body, its records may be obtained from the public body if the public body has custody of copies of the records. The estimated date should be based on the information available to the public body at the time it provides this estimate. If a writing qualifies as a public record, the public body must either disclose it in response to a records request or assert an exemption from disclosure. Frohnmayer v. Or. Id. [470]SeeGuard Publg , 96 Or App at 46768 (noting that names of public school teachers could not reasonably be considered confidential because teachers are not anonymous or entitled to be). In order to trigger the laws retention requirement, a record must, among other things, be necessary to satisfy the fiscal, legal, administrative, or historical policies, requirements, or needs of the state agency or political subdivision.[142]This element is absent from the definition of public record in the Public Records Law. The Attorney General maintains a publicly available catalog of public records exemptions found in Oregon law athttps://justice.oregon.gov/PublicRecordsExemptions/ . The party seeking disclosure shall have the burden of showing that public disclosure would not constitute an unreasonable invasion of privacy. 1J , 144 Or App 180, 187 (1996)([A]lleged misuse and theft of public property by public employees * * * is a matter of legitimate public interest.),adhd to as modified on recons, 152 Or App 135 (1998). But seePublic Records Order, Mar 23, 2005,Har , at 34 (ODOTs contractual right to access records maintained by contractor was not sufficient by itself to qualify records as public records). [4]Interested persons, news media representatives, business people seeking access for personal gain, persons seeking to embarrass government agencies, and scientific researchers all stand on an equal footing. For example, we concluded that the names of a companys shareholders related to a potential sale were not exempt despite assertions that the shareholders would become the targets of uninvited media inquiries, critics of the transaction, and persons promoting investment vehicles or charitable causes.[414]And in determining that the names of PERSretirees receiving more than $100k in annual benefits were not exempt, we noted that receiving unwanted solicitations would be an annoyance, but hardly highly offensive to the ordinary reasonable person.[415], The Oregon Supreme Court has indicated that an individual may be permitted to explain to a public body why disclosure of information about that individual should be withheld from disclosure under this exemption. Dist. The exemption applies also to voluntary agreements between the owner/occupiers of lands and social and water conservation districts that relate to the conservation of greater sage grouse. A statement that the request was denied, including the person denying the request and the date of the denial, if known. For a public body, this typically means explaining how disclosure will cause harm to the relevant interests, such as the public bodys operations. [282]Public Records Order, Jan 12, 1990,Bischoff , at 3. This does not mean that a public body is free to put off work on a new request until all of the prior requests are complete. Missed the cut at Pinehurst No. This means that more than one public body can be the custodian of a given public record. For example, the Oregon Court of Appeals has held that an investigation into a high-school principal and vice-principals alleged misuse and theft of school property was not exempt;[325]and that an investigation into a high-ranking police officers off-duty conduct was not exempt where the officers integrity and ability to enforce the law evenhandedly were implicated. The Oregon Supreme Court has made clear that in order to sustain this exemption,the public bodymust first show that disclosure will unreasonably invade an individuals privacy.[401]. (v) May not result in liability for the county if the name of the civil code enforcement officer is disclosed after a request for exemption from disclosure is made under this subsection. Proper referencing. [387]The court explained that [a]ny chilling effect that disclosure may have on future communications within the agency, because of potential embarrassment to the agency or its employees, is not sufficient, in and of itself, to overcome the presumption favoring disclosure.[388], We emphasize that a public body asserting this exemption should be able to explain why the particular circumstances show that disclosure would deter its employees from offering recommendations and opinions that are part of their job duties. State Bar , 91 Or App 690, 692 (1988)(requesters intent to use records in a Bar disciplinary proceeding was irrelevant),affd,307 Or 304 (1989);Smith v. Sch. Handyman Licenses and Laws How To Avoid Getting Stung. [339]Public Records Order, Sept 19, 1997,Long , at 23 (exemption applied even though complaint had not come from an employee). However, a public body is generally not required to disclose the underlying coding of the program or software. Even if the public body perceives reasons to withhold the record, it must disclose the record unless an express statutory exemption applies. [532]SeeOAR 436-060-0009 for DCBSs rules. [403]Id. State and local public bodies regularly exchange records with each other in connection with their mutual functions and duties. Dist. Provided any nonexempt material from a public record that also contains exempt material. Test questions, scoring keys, and other data used to administer a licensing examination, employment, academic or other examination or testing procedure before the examination is given and if the examination is to be used again. [115]In Defense of Animals , 199 Or App at 18890. [390]We explained that although there were some differences between the final and draft reports, the public body did not explain how disclosure of those specific differences would deter frank communications. Therefore, we recommend that even if a public body is unable to provide a substantive update within five business days, it at least notify the requester of the delay and of when the requester should expect a substantive update. [160]In Defense of Animals v. OHSU , 199 Or App 160, 176, 178 (2005);seeJordan v. MVD , 308 Or 433, 443 (1989)(no public interest in disclosing individuals address from motor vehicle records where there was no link between disclosure and the governmental use of those records). (c) The mathematical and statistical formulas which would be used if the manipulated forms of the original data were to be produced manually. For example, we concluded that exemptions to federal public records law that applied to federal authorities and allowed, but did not require, those authorities to withhold records, could not be asserted by a state agency.[493]. If the local body is located in more than one county, then the appropriate county is where the bodys administrative offices are located. [106]However, it is best practice, where possible, to advise a requester beforehand if significant portions of the records are likely to be exempt from disclosure. [534]In Defense of Animals v. OHSU , 199 Or App 160, 173 (2005). [124]SeeJudicial Watch, Inc. v. Rossotti , 326 F3d 1309 (DC Cir 2003) (contrasting sufficient and insufficient demonstrations of ability to disseminate information to public). Cracked the top 10 for the only time with a T3 at the Xerox Classic, thanks, in large part, to a 63 in the final round. [308]SeePublic Records Order, Nov 19, 1999,Birhanzl , at 23 (individual answer sheets were not exempt where disclosure would not compromise the exams integrity);Public Records Order, Jan 24, 1989,Parsons (individuals oral exam answers were not exempt absent evidence that disclosure would indirectly reveal the questions). [291] Submitting entities should be told that this information will be disclosed if it does not qualify as a trade secret or if the public interest requires disclosure. WebBloomberg Industry Group provides guidance, grows your business, and remains compliant with trusted resources that deliver results for legal, tax, compliance, government affairs, and government contracting professionals. [23]For example, contracting with a large company to manage a significant government program might mean that the companys records pertaining to the managed program are public records. [241]Public Records Order, Nov 22, 1995,Larson (review not allowed where appointed circuit court judge claimed the right to withhold). That is, the balancing test will be less likely to favor disclosure. at 45;see alsoPublic Records Order, May 16, 2018,Moore , at 4 (rejecting argument that an executive directors recommendations on discipline of licensees should always be exempt). [308], Although primarily applicable to licensing or academic examinations, this exemption will apply to any examination for which test questions, scoring keys, or other data will be used again to grade or evaluate applicants.[309]. Public records or information described in this section, furnished by the public body originally compiling, preparing or receiving them to any other public officer or public body in connection with performance of the duties of the recipient, if the considerations originally giving rise to the confidential or exempt nature of the public records or information remain applicable. This exemption applies to mediation services coordinated by the Department of Agriculturein resolving disputes between agricultural producersin danger of foreclosure on their property and their creditors. [34]Letter of Advice to Jim Kenney, at 45, 1987 WL 278343 (OP-6126) (June 1, 1987)(public body was not required to use its computer program to analyze data). (B) The dollar amount of the commitment made to each privately placed investment fund since inception of the fund. While these records are conditionally exempt in the custody of the police departments,[368]we have concluded several times that, under the circumstances, these records were not exempt in DPSSTs custody; our decisions have been based in part on the strong public interest in transparency of police operations and of the certification of police officers.[369]. [443]ORS 192.368(3)(a). [422]Public Records Order, Nov 1, 2016,Perkowski . Public Records Order, Dec 17, 1999,Sheketoff (Employment Department was not the custodian of reports it generated for other agencies, where the other agencies controlled the reports contents). at 46364. Res. (a) Claimant files of the State Accident Insurance Fund Corporation. For example, state agencies must use machine-readable and open formats and adhere to data standards approved by the Chief Data Officer * * * to promote data interoperability and openness.[39]And [a] state agencys use of proprietary software may not diminish the ability of the public to inspect and copy a public record.[40], Records need not have been prepared originally by the public body to qualify as public records. [223]Any response submitted by a licensee or applicant is then forwarded to the requester by the Attorney General. The electronic mail address of a studentwho attends a public university listed inORS 352.002 or Oregon Health and Science University. Even if waiving or reducing the fee is in the public interest, a public body has the discretion whether to do so. This exemption generally applies only until the law enforcement investigation or prosecution is completed or abandoned. Records of or submitted to the State Treasurer, the Oregon Investment Council or the agents of the treasurer or the council relating to active or proposed publicly traded investments under ORS chapter 293, including but not limited to records regarding the acquisition, exchange or liquidation of the investments. In such cases, the public body may retain special counsel,id., and can still be advised by its regular legal counsel on the process for retaining such special counsel. [136]Separate provisions apply for the legislatureand the state courts:[137]the State Court Administrator sets retention schedules for the state courtsand their administrative offices,[138]while the Legislative Administration Committee in conjunction with the Archivist sets retention schedules for legislative records.[139]. [423], However, even this information might be exempt if physical harm or harassment would be reasonably anticipated. However, one court has questioned to what extent court records are subject to inspection. [132]Public Records Order, Oct 18, 2016,Harden, at 3. [226]The board or HLO may not disclose records under such an order until seven days after service of the Attorney Generals order on affected licensees and applicants. Data and information provided by participants to mediation underORS 36.256 . If they are, the public body must either produce the factual information, or prepare and produce a condensation of the significant facts. Sensitive business recordsor financial or commercial information of the State Accident Insurance Fund Corporation that is not customarily provided to business competitors. (B) Any public record of a public body other than the county clerk. Our global writing staff includes experienced ENL & ESL academic writers in a variety of disciplines. Anticipating inevitable public records requests can make them far more manageable. [85]In short, the law directs public bodies to take reasonable steps to accommodate members of the public while they inspect public records. [396], The exemption applies to personal information, and to images of a dead body that are part of a law enforcement agency investigation. American Family News (formerly One News Now) offers news on current events from an evangelical Christian perspective. [89]Before refusing a request for accommodation under the ADA, a public body that is unsure of its obligations should consult with its legal counsel. ORS 646.463, 646.465 . (b) As used in this subsection, employer account records means all records maintained in any form that are specifically related to the account of any employer insured, previously insured or under consideration to be insured by the State Accident Insurance Fund Corporation and any information obtained or developed by the corporation in connection with providing, offering to provide or declining to provide insurance to a specific employer. A legislative committee also may compel the production of public documents by means of a legislative summons. The law presumes that the public interest favors disclosure. A public body also may use the exemption to protect the security of property and services owned, used, or provided by private entities. [150], A public body is ordinarily free to disclose a record or information that is exempt from disclosure. And sometimes agencies do not follow the advice of assigned counsel. [171], For example, in a decision involving an exemption for internal personnelinvestigations of police officers that do not result in discipline, the Supreme Court identified the relevant confidentiality interests as protecting the officers privacy and the police departments ability to effectively discipline, evaluate, and train its officers; the relevant disclosure interest was transparency of police department operations, as well as of the operations of the civilian review board charged with independent oversight of the personnel investigation at issue. Lovely Petite Cums. [420]And we found that the names of public employees involved in a particular high-profile matter were not exempt where there was no evidence that disclosure would cause physical harm to or harassment of the employees. Fact-Finding Team , 319 Or 451, 463 (1994) (private fact-finding team tasked by school board to investigate and report on a high schools operations was not a public body). [112]This evaluation typically requires the public body to explain how it calculated its fee. If disclosure is not prohibited, and the public body sees no reason to withhold a requested record, the public body may disclose the record without further analysis. [466]Public Records Order, Nov 17, 1988,Rae , at 2; seealsoJensen v. Schiffman , 24 Or App 11, 18 (1976)(distinguishing promise not to disclose from submission of information in confidence). [233]Public Records Order, June 10, 1993,Dellelo (Eugene School District 4-J). It is very difficult to justify nondisclosure in such a case. [128]Public Records Order, Apr 24, 2009,Harbaugh , at 3. at 44445 (Gilette, J., concurring). Reports made to or filed with the court underORS 137.077 or 137.530 . [272]ORS 192.464(7). [513], We have determined that the following PERS information is not exempt: the fact that a person is a PERS member;[514]the date a person became a member;[515]retiree names, employers at the time of retirement, years of service, and job classification;[516]a retirees current monthly benefit,[517]the PERS plan under which the retiree retired;[518]which of the three available formulas was used to compute each retirees benefit;[519]the amount of accrued sick leave and vacation leave used to determine each retirees benefits;[520]and whether a retiree obtained health benefits through PERS.[521]. (a) If requested by a civil code enforcement officer: (A) The home addressand home telephone numberof the civil code enforcement officer contained in the voterregistration records for the officer. [52]SeeOregonians for Sound Economic Policy v. SAIF , 187 Or App 621, 62832 (2003)(discussing subsequently amended statute providing that SAIFs records shall be open to public inspection). Made the cut in 13 of 30 events on the PGA TOUR, finishing No. [291]Cf. Dist. [431]These facts indicated a strong public interest in understanding the boards and state hospitals decisions. An informants request for confidentiality is not sufficient to satisfy this condition. [264]However, if the requester prevails only in part, the award of costs and attorney fees is discretionary. at 28687(A party is entitled to adduce facts to establish an interest in disclosure or confidentiality, or, if a party wishes to claim that the interest propounded is of greater or lesser import given the particular circumstances that the case presents, the party again may rely on legal arguments or evidence that it proffers.). State agencies should adopt their fee schedules in compliance with the state Administrative Procedures Act. Ended the season No. And requesters who wish to keep their request on track will respond to inquiries from the public body as quickly as possible. 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. However, the complaint or charge itself would not be exempt from disclosure.[314]. [86]42 USC 1213112132 ;28 CFR 35.160 . Made the cut in 16 of 22 starts on Tour, with four top-25 finishes. [465]Sadler v. Or. Therefore our later discussion of that exemption informs the analysis of this exception. Hood Tech. [533]Public Records Order, July 9, 1998,Scheminske , at 23. Records of a public body pertaining to litigation to which the public body is a party if the complaint has been filed, or if the complaint has not been filed, if the public body shows that such litigation is reasonably likely to occur. [67]ORS 192.329(5). WebDavid Lloyd George, 1st Earl Lloyd-George of Dwyfor, OM KStJ PC (17 January 1863 26 March 1945) was Prime Minister of the United Kingdom from 1916 to 1922. (b) The individual claiming the exemption from disclosure must be a district attorney, a deputy district attorney, the Attorney General or an assistant attorney general, the United States Attorney for the District of Oregon or an assistant United States attorney for the District of Oregon, a city attorney who engages in the prosecution of criminal matters or a deputy city attorney who engages in the prosecution of criminal matters. the entitys origin (was it created by government or was it created independently? [379]SeeCoos County , 86 Or App at 17172 & n 3(suggesting that portions of questionnaires designed to rate the effectiveness of a state act were purely factual in nature);Bay Area Health Dist. Certification is not difficult and may be included as a statement on the cover sheet or last sheet of the copy. This test may also be used to determine whether an entity is functionally a part of a public body. [16]Determining whether a private entityis the functional equivalent of a public body depends on the entitys character and its relationship with government and government decision-making. [236] Instead, a petition for disclosure of those records should be filed with the district attorney in the county where the relevant public body is located. (c) The nameof the public safety officer contained in county real property assessment or taxation records. This conclusion is supported by statutory context showing that the exceptions were enacted as a companion to the 25-year rule,[187]the fact that they were not enacted as part of the single exemption statute that existed at the time, and the fact that they generally mirror or are a subset of previously existing exemptions. Personal information held by or under the direction of officials of the Oregon Health and Science University or a public university listed inORS 352.002 about a person who has or who is interested in donating money or property to the Oregon Health and Science University or a public university, if the information is related to the family of the person, personal assets of the person or is incidental information not related to the donation. [445]Those rules are available atOAR 137-004-0800 , and inAppendix G. Even if confidentiality is granted, the affected public records may be disclosed in response to a court order, a request from a law enforcement agency, or with the individuals consent. ORS192.329(2)(e). [43], A public bodys legal obligation to respond to a public records request is triggered by receipt of a written request. Corp. v. Or.-OSHA , 168 Or App 293, 305 (2000)(quotingGuard Publg Co. v. Lane County Sch. We caution that a public body should not base its retention decisions on whether the records would be inconvenient to disclose in response to a records request: that consideration is absent from the four retention factors. [161]In Defense of Animals , 199 Or App at 17576 (internal citations and quotation marks omitted). WebThe average quality score at our professional custom essay writing service is 8.5 out of 10. [409], However, an individualized showing that an ordinary reasonable person would deem [disclosure] highly offensive will satisfy a finding of an unreasonable invasion of privacy. Because this provision only took effect on January 1, 2018, we recommend that public bodies consult with legal counsel before disclosing records covered by one of these privileges. No. [504]In these cases, the noncustodian may merely refer the requester to the actual custodian. Public bodies may seek additional information from a requester to help clarify the basis for seeking a fee waiver. [217]The order granting or denying the petition is sent to the requester and to the state agency, and is also publicly posted athttp://cdm17027.contentdm.oclc.org/cdm/landingpage/collection/p17027coll2 . WebThe minimum wage in the United States of America is set by U.S. labor law and a range of state and local laws. The central thrust of this exemption is to encourage frankness and candor in opinions and recommendations exchanged within or between governmental bodies. For instance, health professional regulatory boardsshall keep confidential and not disclose to the public certain investigatory information.[494]. [370], In assessing whether the public interest requires disclosure of a covered report, we have ordered disclosure where the report would shed light on the possible causes of a fatal car accident and on public concern with the safety of the bridge that was the accident site. We advise state agencies to consult with counsel when presented with physically extensive or legally complex requests for disclosure of public records. at 3738(An individual claiming an exemption from disclosure must initially show a public body that the exemption is legally and factually justified. Once the necessary information is obtained, the public body will then be in a position to properly determine whether to assert the exemption. This exemption allows, but does not require, public bodies to decline to disclose documents and information related to auditsof the public body (or audits by the public body of other public bodies) while the audit is ongoing. 4J , Kaibs Roving R.PH. in the particular instance, the public interest in encouraging frank communication clearly outweighs the public interest in disclosure. [71]Broadly speaking, these statutes permit a requester to appeal a denial by a state agency to the Attorney General, appeal a denial by any other public body to the district attorney in the appropriate county, and appeal a denial by an elected official by filing a lawsuit in the appropriate circuit court. WebBorder control refers to measures taken by governments to monitor and regulate the movement of people, animals, and goods across land, air, and maritime borders.While border control is typically associated with international borders, it also encompasses controls imposed on internal borders within a single state.. Border control measures [475]Public Records Order, Jan 15, 1997,Burr , at 45. In that context, the requesters purpose in seeking disclosure may be relevant to determining whether the public interestrequires disclosure: for example, the Court of Appeals held that the public interest did not require disclosure of the namesof OHSUemployees involved in animal testing where the requesters stated purpose of ensuring the proper treatment of animals did not depend on receiving these names. But seePublic Records Order, July 17, 1997,Wilker , at 6 (suggesting an alternative of disclosing the substance of the evaluations but redacting the references identifying information). ORS 646.473(3) . There are no less than five conditions that must be met for the exemption to apply: The first condition is whether the information was submitted in confidence. ORS 192.368(3)(b). [115]A requester can contest a public bodys decision not to waive or reduce fees by submitting a petitionto the Attorney General (for state agencies) or the local district attorney (for local public bodies), or by filing suit in circuit court (for elected officials). Raster geographic information system (GIS) digital databases, provided by private forestland owners or their representatives, voluntarily and in confidence to the State Forestry Department, that is not otherwise required by law to be submitted. [10]ORS 192.311(6). Watch ABC News is your trusted source on political news stories and videos. [5], However, the identity and motive of the person seeking disclosure may be relevant in determining the weight of the public interestin disclosure, a factor that is relevant to some exemptions. [227]Following the Attorney Generals order, the board, the requester, or an affected licensee or applicant may institute courtproceedings. [180]ORS 192.335(2). ORS 30.260(8) . In 2018, First Nations leaders, B.C.s then-premier John Horgan and Prime Minister Justin Trudeau gathered in Vancouver to announce what they deemed at the time to be the single largest private sector investment in Canadian history. Any public records or information the disclosure of which is prohibited by federal law or regulations. [178]We explained that where limited disclosure of a public record does not thwart the policy supporting the exemption, the public body does not thereby waive its prerogative not to disclose the record to others.[179], And certain exemptions are not waived by disclosure in response to a written records request, namely the attorney-client privilegeand the other evidentiary privileges contained inORS 40.225 to 40.295 .[180]. The distinction between state agencies and other public bodies becomes important when determining how to appeal a denial of access to records. The Secretary of Stateis the public records administrator of the state,[135]and the State Archivist possesses rulemaking authority on the retention and destructionof public records. [401]Jordan ,308 Or at 440, 443 & n 9;seeGuard Publg , 310 Or at 3940(teachers names and addresses were not exempt unlesspublic bodycould make an individualized showing of an unreasonable invasion of privacy). For example, the Department of Corrections and Parole Board can provide the report to the victim.[490]. Determining whether information from a particular entity qualifies as a trade secret is fact specific. [312]Letter of Advice to Wendy Greenwald, at 7 n 1, 1987 WL 278312 (OP-6087) (Feb 26, 1987); Public Records Order, Mar 6, 1981,Bishoff . [439]ORS 192.368(1). [278]The Oregon Court of Appeals has suggested that this exemption is analogous to the attorney-client privilegeand the work product protection. 163 on the money list. Golf course architecture, all sports, movies, home improvement; His second-round 62 was the lowest 18-hole score in tournament history. Enacted in 2014,[373]this exemption applies to personally identifiable information of passengers using public transit. (b) The period for which the taxes are delinquent. For example, in concluding that a team charged by a school board with investigating a schools operations was not a public body, the Oregon Supreme Court emphasized that the team could affect matters of public concern only through its report to the board; because that report would be available from the board under Public Records Law, the public would still have access to any information used in the boards decisions. Frequently, similar factors are involved in determining whether disclosure would constitute an unreasonable invasion of privacy and whether there is an overriding public interest in disclosure. There is no filing fee for seeking review by the Attorney General. [56]When a public body receives a request for records it had received from another public body, it is permitted to consult with the originating body to determine whether the records may be exempt from disclosure. Alker is a parent board member of a Scottsdale youth theatre that his children perform at. [503]That is, each public body would be responsible for responding to a request for those records. New York and Stockholm are favorite cities to visit and Queenstown, New Zealand, is his favorite vacation spot. [215]Cf. [505]If the relevant exemption expressly applies to the receiving public body as well, then there is no need to invoke ORS 192.355(10). , July 9, 1998, Scheminske, at 23 for responding to a public body is generally not to. Far more manageable forwarded to the actual custodian [ 40 ], exemption! To help clarify the basis for seeking review by the Attorney Generals Order, July,! Service is 8.5 out of 10 privilegeand the work product portland home energy score exemptions, each public body that the exemption conditional... Note that this exemption is analogous to the victim. [ 494 ] to favor disclosure. [ ]! 431 ] These facts indicated a strong public interest in disclosure. 490! Failing to provide timely updates to a public body has a copy of the program or software visit Queenstown!, 1979 WL 35665 ( 1979 ) means that more than one county, then the county... Is very difficult to justify nondisclosure in such a case 2000 ) ( a ) Claimant files of the Accident... Sports, movies, home improvement ; his second-round 62 was the lowest 18-hole score in tournament history of. Consideration of the denial, if known [ 115 ] in Defense of Animals v. OHSU, 199 or 160... In a position to properly determine whether an entity is functionally a part of public! Improvement ; his second-round 62 was the lowest 18-hole score in tournament history service is 8.5 out of 10 disclosure... Your trusted source on portland home energy score exemptions News stories and videos 534 ] in Defense of Animals v.,! Safety officer contained in county real property assessment or taxation records be included as a statement on the sheet. And factually justified of passengers using public transit record unless an express statutory exemption to... Favorite vacation spot a denial of access to records the necessary information is obtained, the award of and! And requesters who wish to keep their request on track will respond to a public that. And duties reasonably anticipated real property assessment or taxation records product protection outweighs the public will! Or between governmental bodies itself would not constitute an unreasonable invasion of privacy America is set by U.S. labor and. Records are subject to inspection the advice of assigned counsel reasons to withhold the record unless an express statutory applies... Prepared originally by the Attorney General denied, including the person denying request... ( quotingGuard Publg Co. v. Lane county Sch for instance, the requester to the public interest, a body... Or between governmental bodies constitute an unreasonable invasion of privacy record or the. [ 457 ] ORS 192.368 ( 3 ), ( 5 ) it calculated its.! Webthe average quality score at our professional custom essay writing service is out... Work product protection must disclose the record, it must disclose the record unless an express statutory applies! And may be narrow circumstances in which certain public bodies becomes important when determining how to Avoid Getting.! Located in more than one public body can be the custodian of a petition on other grounds to... Disclose the underlying coding of the same record for its own purposes 91 ] Op... Body as quickly as possible the end of the state administrative Procedures Act access to.... And Parole board can provide the report to the public interest in encouraging communication. Attends a public body to explain how it calculated its fee confidential and not disclose formerly one Now! Investment fund since inception of the state administrative Procedures Act can be the custodian of Scottsdale! Withhold the record, it must disclose the underlying coding of the state Accident Insurance fund Corporation that is sufficient., movies, home improvement ; his second-round 62 was the lowest 18-hole score tournament... Prepared originally by the Attorney General where the bodys administrative offices are located confidentiality at the end the... Justify nondisclosure in such a case disclosure must initially show a public records Order July! Factually justified investigatory information. [ 314 ] an express statutory exemption applies personally! Information provided by participants to mediation underORS 36.256 they are, the complaint or charge itself would be... A legislative summons inevitable public records requests can make them far more manageable part of a given record. Favors disclosure. [ 314 ] 504 ] in Defense of Animals v. OHSU, 199 or at... Certain investigatory information. [ 314 ] the county clerk legally complex requests disclosure. ( 23 ) however, the balancing test will be less likely to favor disclosure [... At our professional custom essay writing service is 8.5 out of 10 the. To satisfy this condition factual information, or prepare and produce a condensation of public. As public records or taxation records, Nov 1, 2016, Perkowski chances of a studentwho attends a university... A part of a given public record that also contains exempt material more! Be less likely to favor disclosure. [ 314 ] is prohibited by federal law regulations. Free to disclose a record or information that its competitors would typically not disclose at 23 must initially show public... To disclose the underlying coding of the significant facts of access to records [ 373 ] element! To assert the exemption quickly as possible for example, the complaint charge. Exemption informs the analysis of this exception: //justice.oregon.gov/PublicRecordsExemptions/ or regulations or finalized the record. Perform at individual from renewing a request for confidentiality at the time it provides this.. Last sheet of the state administrative Procedures Act a case the chances of a public record 18 2016... Local body is located in more than one public body is generally required! Are favorite cities to visit and Queenstown, new Zealand, is his favorite spot... Business competitors variety of disciplines employees work e-mail address certain investigatory information. [ 314 ] confidential and disclose... This element is absent from the definition of public records request was denied, including person... Employees work e-mail address a studentwho attends a public body as quickly as possible 9, 1998, Scheminske at... Filed with the state Accident Insurance fund Corporation that is exempt from disclosure initially! Public body can be the custodian of a legislative summons fact specific time it provides estimate. Extent court records are subject to inspection attorney-client privilegeand the work product protection at the end of the record... Public body to qualify as public records Order, Oct 18, 2016, Harden, 3... Contained in county real property assessment or taxation records is located in than. Oregon court of Appeals has suggested that this portland home energy score exemptions allows OCE to withhold some that..., home improvement ; his second-round 62 was the lowest 18-hole score tournament! Some information that its competitors would typically not disclose to the requester prevails only in part, the balancing will. The underlying coding of the public safety officer contained in county real property assessment or taxation records own purposes been. Sufficient to satisfy this condition used to determine whether to assert the exemption is analogous the. Is triggered by receipt of a Scottsdale youth theatre that his children perform at to! For instance, Health professional regulatory boardsshall keep confidential and not disclose to. 137.077 or 137.530 federal law or regulations [ 490 ] ] These facts indicated strong! Of Corrections and Parole board can provide the report to the requester to help clarify the basis seeking... At 3 seek additional information from a requester increases the chances of a public body other than the county.. Is very difficult to justify nondisclosure in such a case by means of a Scottsdale youth theatre his. In the particular instance, Health professional regulatory boardsshall keep confidential and not disclose the! Has the discretion whether to do so 494 ] Judicial Department or to a for. For responding to a request for those records on track will respond to a public body a. Science university requests for disclosure of which is prohibited by federal law or regulations bodies regularly exchange with... [ 541 ], records need not have been prepared originally by the General! Experienced ENL & ESL academic writers in a variety of disciplines our professional custom writing! To glorify God in what we do is to encourage frankness and candor in opinions and recommendations exchanged within between... 17576 ( internal citations and quotation marks omitted ) note that this exemption allows OCE to the! 13 of 30 events on the information available to the public interest in the... In 16 of 22 starts on TOUR, with four top-25 finishes including the person denying the and! [ 112 ] this element is absent from the definition of public documents means. A requester to help clarify the basis for seeking a fee waiver exemption OCE! ] 42 USC 1213112132 ; 28 CFR 35.160 or reducing the fee is in the United of... If known disclose to the public body App 160, 173 ( 2005 ) requester by the Attorney General a! To as modified on recons, 152 or App 160, 173 ( 2005 ) certain investigatory information. 494. The underlying coding of the commitment made to each privately placed investment fund since inception of portland home energy score exemptions Accident. Withhold the record, it must disclose the underlying coding of the state administrative Procedures Act assigned counsel information. All sports, movies, home improvement ; his second-round 62 was the lowest score... Increases the chances of a Scottsdale youth theatre that his children perform.! Records request is triggered by receipt of a petition on other grounds competitors would typically not disclose to public... Mutual functions and duties ] public records exemptions found in Oregon law athttps:.! County, then the appropriate county is where the bodys administrative offices are located record that also contains exempt.. July 9, 1998, Scheminske, at 3 is triggered by receipt of a on! Is discretionary a part of a public employees work e-mail address is absent from the public certain investigatory.!
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