Copies of this notice must be sent to the Attorney General or district attorney, and by certified mail to the requester. Presumably this seven-day period allows the affected employees (and representatives of the employees) to submit responses to the requesters statement on the public interest in disclosure. Agencies may want to consider a similarly proactive approach with respect to high-profile matters. [324]Oregonian Publg Co. v. Portland Sch. [435]We have also decided that the namesof PERSretirees receiving annual benefits above $100kand the specific benefit amountwere not exempt because, among other reasons, information about who is receiving money from a public body and how much they are receiving is of significant public interest. (a) Electronic mail addresses in the possession or custody of an agency or subdivision of the executive department, as defined inORS 174.112 , the legislative department, as defined in ORS174.114, a local government or local service district, as defined in ORS 174.116, or a special government body, as defined in ORS 174.117. [17]The following factors are usually relevant in making this determination: Evaluating these factors generally depends on whether the policies underlying the Public Records Law require that the private entitys records be available for inspection. The informant must not have been required by law to provide the information. [182]For example, we have determined that the psychotherapist-patient and physician-patient privileges did not apply to records that were more than 25 years old. [274]If an agreement is reached, the Advocate will prepare a formal written agreement that will be executed by the public body and requester; that agreement will then control how the records request is resolved. Municipal Audit Clarification Act, annual or biennial audit or annual report in lieu of audit, based on annual expenditures of municipality, Sec. [66]A public body unable to meet the 15 business-day deadline must notify the requester in writing that the request is still being processed and provide the requester with a reasonable estimated date of completion. [378]Even a report prepared for the purpose of providing an opinion or recommendation may contain purely factual portions that must be disclosed regardless of the public interest in disclosure. at 3738(An individual claiming an exemption from disclosure must initially show a public body that the exemption is legally and factually justified. [183], However, there are several exceptions to this rule that either mirror or are subsets of other exemptions:[184], (1) Records less than 75 years oldwhich contain information about the physical or mental health or psychiatric care or treatment of a living individual, if the public disclosure thereof would constitute an unreasonable invasion of privacy.[185], (2) Records less than 75 years old which were sealed in compliance with statute or by court order., (3) Records of a person who is or has been in the custody or under the lawful supervision of a state agency, a court or a unit of local government, * * * to the extent that disclosure thereof would interfere with the rehabilitation of the person if the public interest in confidentiality clearly outweighs the public interest in disclosure, [but only] for a period of 25 years after termination of such custody or supervision.[186], (4) Student records exempt from disclosure under state or federal law.. Dist. 103 14 121 orical Data 20172018 . ); the nature of the function(s) assigned and performed by the entity (are these functions traditionally performed by government or are they commonly performed by a private entity? House Bill 2353 (2019) also permits the order, in certain circumstances, to assess a $200 penalty against the public body or reduce or waive the public bodys fee to fulfill the request. This condition would generally be met if disclosure of the information is restricted by statute or is exempt from disclosure under other exemptions of the Public Records Law. This exemption applies to the home address, home and cell phone numbers, and personal e-mail addressesof certain government attorneys engaged in the prosecution of criminal matters, but applies only upon request by the attorney and only to the public records specified by the attorney. [339]While the complaint itself is not covered by this exemption,[340]the identity of an employee who makes a complaint will be kept confidential if the employee submits a written request.[341]. [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. [272]ORS 192.464(7). And the exception for a high volume of requests recognizes that even a reasonably staffed system may occasionally become overwhelmed. Before seeking formal review of a denial, it may be worthwhile for a disappointed requester to seek a decision at a higher level within the public body. The law provides an exemption from audit for smaller governments; those spending less than $500,000 may file a review report and those spending less than $150,000 may file a self-prepared report in lieu of audit. The Archivists rules on retention and destruction are found at chapter 166 of the Oregon Administrative Rules. If applicable, adopted Plan of Action addresses the audit shortages; September 20, 2022- Reports in Lieu of Audit what due within 90 days of a domestic government's fiscal year exit. In such cases, each custodian is responsible for responding to public record requests directed to it. Business day carries its ordinary meaning but applies only to days on which at least one paid employee of the public body is scheduled to and does report to work. If a public body fails to comply with the 15 business-day deadline or completeits response as soon as practicable and without unreasonable delay, the requester can petitionthe Attorney General(for state agencies) or the appropriate district attorney (for other public bodies) to order the disclosure of any nonexempt records; or file suit against the public body in circuit court(for elected officials). 2005-144 (revised 2007). [43], A public bodys legal obligation to respond to a public records request is triggered by receipt of a written request. Oregon Corrections Enterprises (OCE) is a semi-independent state agency[539]authorized to engage eligible inmates in state corrections institutions in work or on-the-job training. The Public Records Law discussed in this Manual does not govern the retentionand destructionof public records. Dept of Fish & Wildlife , 86 Or App 168, 173 (1987)(potential embarrassment to the agency was not sufficient, in and of itself, to justify withholding records);Turner v. Reed , 22 Or App 177, 193 (1975)(records were not exempt where the only interest in confidentiality [wa]s to protect public officials from criticism of the manner in which they have discharged their duties). [488], Presentence reports can be disclosed to the sentencing court; other judges who participate in a sentencing council discussion; the Department of Correctionsand the Parole Board; persons or agencies with a legitimate professional interest; appellate or review courts; the district attorney; and the defendant or defendants counsel. [460]SeeORS 192.365(1) (noting that a public body shall disclose the covered information upon compliance with ORS 192.363). [484]SeeORS 723.002 (chapter 723 is known as the Oregon Credit Union Act). If the fee estimate for a request exceeds $25, the public body must first provide a written estimate to the requester and receive confirmation that the requester is willing to pay. [230]Examples of such bodies are cities,[231]counties,[232]school districts,[233]special districts,[234]OHSU,[235]and public universities. Dist. 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. [36]SeeORS 192.324(3); Public Records Order, July 1, 2015,Brosseau , at 89 (State Medical Examiner was required to produce a custom report containing only certain fields from its database of autopsy reports). [453]ORS 192.374(1)(e). [349]SeePublic Records Order, Mar 14, 2014,Davis (exemption potentially applied to information submitted by railroad companies). [500], A requester may seek review of this condensation in the same manner as if the records request had been denied. The information itself must be of a nature that reasonably should be kept confidential. However, it is not necessary to use any particular form, so long as the petition includes the information required by ORS 192.422(1): It is helpful if the petition also explains why the requester believes that the state agencys asserted exemptions do not apply, and attaches any relevant correspondence with the agency. The public interest might be served by disclosing some, but not all, of a particular record.[176]. (b) Images of a dead body, or parts of a dead body, that are part of a law enforcement agency investigation, if public disclosure would create an unreasonable invasion of privacy of the family of the deceased person, unless the public interest by clear and convincing evidence requires disclosure in the particular instance. Personally identifiable information about customers of a municipal electric utility or a peoples utility district or the names, dates of birth, driver license numbers, telephone numbers, electronic mail addressesor Social Security numbersof customers who receive water, sewer or storm drain services from a public body as defined inORS 174.109 . [438]Public Records Order, May 5, 1994,Wright , at 2 (petition denied as moot because agency agreed to release requested records). Sensitive business records or financial or commercial information of the Oregon Health and Science University that is not customarily provided to business competitors. However, a public body is required to retrieve pre-existing information, which includes electronic datastored in databases. ORS 192.464(6). The provision also protects the publics right to know how public funds are invested by expressly stating that information regarding concluded investment transactions is not subject to the exemption. However, one court has questioned to what extent court records are subject to inspection. [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 nameof the civil code enforcement officer contained in county real property assessment or taxation records. [207]The agency must then send the Attorney General the requested records for review, together with a statement of its reasons for believing the records should not be disclosed. [389]To the extent older public records orders can be read to allow conclusory or blanket assertions of a chilling effect, we consider those orders to be superseded by more-recent appellate cases and public records orders. Individual public bodies should be familiar with the laws and regulations applicable to any federal program with which they are involved. This subsection does not apply to cost-of-service studies used in the development or review of generally applicable rate schedules. The legislative history makes clear that the litigation exemption does not apply to administrative proceedings, such as contested case hearings. [174]ORS 192.338;Gray v. Salem-Keizer Sch. [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. [295]Public Records Order, Aug 8, 2007,Kirsch . Fill the empty fields; engaged parties names, places of residence and numbers etc. [338]These investigations are typically handled by Oregon OSHA, a division of the department. [523]Such records are exempt from disclosure for 12 months from the time the property becomes reportable and for 24 months after the property has been remitted to the department. [121]On the other hand, investigative reporters with established credentials, who sought records concerning military aviation safety with the intent of reporting on those records, were able to satisfy the public interest standard by demonstrating that fee requirements inhibited their ability to obtain government records. ORS 192.418(2). [475]Public Records Order, Jan 15, 1997,Burr , at 45. [246]As discussed above, in certain cases a health professional regulatory board or the Health Licensing Officemust wait until the seventh day following an order to produce the records, in order to give the affected licensee or applicant time to issue notice of intent to file suit. Waivingor reducing fees is in the public interest when the furnishing of the record has utilityindeed, its greatest utilityto the community or society as a whole.[119]This is distinct from situations where disclosure would primarily affect a concern or interest of a private individual or entity.[120], If a requester seeks records relating to the requester, a mere allegation that the public body has treated the individual oppressively, absent a broader public interest, does not satisfy the public interest standard. The utility, district or other public body may make customer records available to third party credit agencies on a regular basis in connection with the establishment and management of customer accounts or in the event such accounts are delinquent. [443], Examples of evidence that can be used to make the required showing include the fact that the individual has been a victim of domestic violence, or has obtained a temporary restraining order or other no contact order to protect against future physical abuse.[444]. Records that are protected by the attorney-client privilegeare also ordinarily exempt from disclosure under the Public Records Law. It does not apply to concluded investments or to the name of the investment fund, the amount invested, or the amount of return on the investment. Thus, when making public records available, a public body must provide an opportunity for individuals with disabilities to request an alternative form (large print, Braille, audio tape, etc.). No. ORS 192.311(1). [425]And the Department of Transportationis prohibited, with certain exceptions, from disclosing names, addresses, telephone numbers, and driver license numbers contained in its motor vehicle records. However, the complaint or charge itself would not be exempt from disclosure.[314]. [437]Public Records Order, Mar 27, 1992,Leighty , at 23. [1]This right extends to any natural person, any corporation, partnership, firm or association, and any member or committee of the Legislative Assembly. Once the necessary information is obtained, the public body will then be in a position to properly determine whether to assert the exemption. [296]Public Records Order, Apr 26, 2010,Bachman , at 2. The disclosure must create a competitive disadvantage to either the public body or its retail customers for the exemption to apply. Fact-Finding Team , Oregonians for Sound Economic Policy v. SAIF , http://www.oregon.gov/das/Policies/107-001-030.pdf , https://www.oregon.gov/das/Docs/07-SSFS_PolicyQA.pdf , http://sos.oregon.gov/archives/Pages/records_retention_schedule.aspx , http://sos.oregon.gov/archives/Pages/state_admin_schedules.aspx , http://www.oregon.gov/transparency/pages/index.aspx , Guard Publg Co. v. Lane County Sch. Records establishing procedures for and instructing persons administering, grading or evaluating an examination or testing procedure are included in this exemption, to the extent that disclosure would create a risk that the result might be affected. [211]Agencies must be able to explain why the withheld records are covered by the asserted exemption, andfor conditional exemptionswhy the public interest does not require disclosure.[212]. This provision explicitly extends the deadline only when the asserted exemption isORS 676.165, 676.175, or 676.595 ; however, we think the legislative intent is to extend the deadline whenever the record contains information about a licensee or applicant, as failing to extend the Attorney Generals deadline would conflict with the seven-day deadline for a licensee or applicant to submit a response to the Attorney General. [343]Release of the information may also provide a competitor of an affiliate with an unfair business advantage if this information is a trade secret. Upon compliance with ORS 192.363, public body employee or volunteer residential addresses, residential telephone numbers, personal cellular telephone numbers, personal electronic mail addresses, driver license numbers, employer-issued identification card numbers, emergency contact information, Social Security numbers, dates of birthand other telephone numbers contained in personnel records maintained by the public body that is the employer or the recipient of volunteer services. ORS 192.401(2). This exemption does not include records submitted by long term care facilities as defined inORS 442.015 to the state for purposes of reimbursement of expenses or determining fees for patient care. [379]It may be appropriate to withhold or redact a communication that is not advisory in itself, if the communication would reveal the substance of an exempt internal advisory communication.
