public records and meetings law

Public Records and Public Records and Meetings LawMeetings Law

ORS 192.410 to ORS 192.410 to 192.505192.505

ORS 192.610 to ORS 192.610 to 192.690192.690

Public RecordsPublic Records

What is a public body? ORS What is a public body? ORS 192.410(3)192.410(3) ““Public body” includes every state Public body” includes every state

officer, agency, department, division, officer, agency, department, division, bureau, board and commission; every bureau, board and commission; every county and city governing body, school county and city governing body, school district, special district, municipal district, special district, municipal corporation, and any board, department, corporation, and any board, department, commission, council, or agency thereof; commission, council, or agency thereof; and any other public agency of this state. and any other public agency of this state.


What is a public record? ORS What is a public record? ORS 192.410(4)192.410(4) ““Public record” includes any writing Public record” includes any writing

containing information relating to the containing information relating to the conduct of the public’s business, conduct of the public’s business, including but not limited to court including but not limited to court records, mortgages, and deed records, records, mortgages, and deed records, prepared, owned, used or retained by a prepared, owned, used or retained by a public body regardless of physical form public body regardless of physical form or characteristics.or characteristics.


What is a public record? ORS What is a public record? ORS 192.410(6)192.410(6) ““Writing” means handwriting, Writing” means handwriting,

typewriting, printing, photographing and typewriting, printing, photographing and every means of recording, including every means of recording, including letters, words, pictures, sounds, or letters, words, pictures, sounds, or symbols, or combination thereof, and all symbols, or combination thereof, and all papers, maps, files, facsimiles or papers, maps, files, facsimiles or electronic recordings. electronic recordings.


Requesting a public recordRequesting a public record Contact the records custodianContact the records custodian A public body mandated, directly or A public body mandated, directly or

indirectly, to create, maintain, care for indirectly, to create, maintain, care for or control a public record. “Custodian” or control a public record. “Custodian” does not include a public body that has does not include a public body that has custody of a public record as an agent of custody of a public record as an agent of another public body that is the another public body that is the custodian unless the public record is not custodian unless the public record is not otherwise available. otherwise available.


Requesting a public recordRequesting a public record Submit a requestSubmit a request The custodian of the records may adopt The custodian of the records may adopt

reasonable rules necessary for the reasonable rules necessary for the protection of the records and to prevent protection of the records and to prevent interference with the regular discharge interference with the regular discharge of duties of the custodian. of duties of the custodian.

The public body may establish fees The public body may establish fees reasonably calculated to reimburse it for reasonably calculated to reimburse it for its actual cost in making such records its actual cost in making such records available.available.


Requesting a public recordRequesting a public record Submit a requestSubmit a request www.open-oregon.comwww.open-oregon.com


The public body’s responsibilityThe public body’s responsibility Furnish proper and reasonable Furnish proper and reasonable

opportunities for inspection and opportunities for inspection and examination of the records in the office examination of the records in the office of the custodian and reasonable of the custodian and reasonable facilities for making memoranda or facilities for making memoranda or abstracts there from, during the usual abstracts there from, during the usual business hours, to all persons having business hours, to all persons having occasion to make examination of them. occasion to make examination of them.


The public body’s responsibilityThe public body’s responsibility If the public record is maintained in If the public record is maintained in

machine readable or electronic form, the machine readable or electronic form, the custodian shall furnish proper and custodian shall furnish proper and reasonable opportunity to assure reasonable opportunity to assure access.access.

Custodian must respond in a Custodian must respond in a “reasonable” amount of time.“reasonable” amount of time.


Agency handling – An insider’s viewAgency handling – An insider’s view StonewallStonewall Talk out of both sides of mouthTalk out of both sides of mouth Make promises we can’t keepMake promises we can’t keep Claim ignoranceClaim ignorance REDACT, REDACT, REDACTREDACT, REDACT, REDACT


Agency handling – An insider’s viewAgency handling – An insider’s view Talk to the managerTalk to the manager Search for records Search for records Talk to the agency attorneyTalk to the agency attorney Review for exempt materialReview for exempt material REDACT, REDACT, REDACTREDACT, REDACT, REDACT


The exemptions (ORS 192.501 & The exemptions (ORS 192.501 & 192.502)192.502) Conditional exemptionsConditional exemptions The balancing testThe balancing test


The exemptions (ORS 192.501 & The exemptions (ORS 192.501 & 192.502)192.502) Unconditional exemptionsUnconditional exemptions No balancing test requiredNo balancing test required

Advisory communicationsAdvisory communications Personal informationPersonal information Information submitted in confidenceInformation submitted in confidence Records confidential elsewhere in lawRecords confidential elsewhere in law A bunch of other stuffA bunch of other stuff


Public records petitionsPublic records petitions When do I send it?When do I send it? Upon denial of request.Upon denial of request. What constitutes a denial?What constitutes a denial?


Public records petitionsPublic records petitions Where do I send it?Where do I send it? Attorney GeneralAttorney General

State agenciesState agencies State boardsState boards State commissionsState commissions


Public records petitionsPublic records petitions Where do I send it?Where do I send it? District AttorneyDistrict Attorney

CityCity CountyCounty School districtsSchool districts Special districtsSpecial districts


Public records petitionsPublic records petitions What do I say?What do I say?

ORS 192.470ORS 192.470 www.open-oregon.comwww.open-oregon.com Know the exemptionKnow the exemption


Public records petitionsPublic records petitions How is the request handled?How is the request handled? The basicsThe basics

AG or DA has seven daysAG or DA has seven days No provision for recovery of costsNo provision for recovery of costs


Public records petitionsPublic records petitions How is the request handled?How is the request handled? Insider’s viewInsider’s view

Internal AG processInternal AG process Receiving the petitionReceiving the petition Avoiding conflicts of interestAvoiding conflicts of interest Reviewing documentsReviewing documents Reviewing previous ordersReviewing previous orders Working with the agencyWorking with the agency


Public records petitionsPublic records petitions What if the AG is wrong?What if the AG is wrong?

Declaratory actionDeclaratory action Attorney fees awardedAttorney fees awarded Legislative actionLegislative action

Public MeetingsPublic Meetings

Meetings 101Meetings 101

Public MeetingsPublic Meetings The FlowchartThe Flowchart

Does the body have two or more members?

Is it a public body?

Is it a “governing body”?

Is a quorum required?

Is it meeting to make or deliberate toward a decision?


What is a public body?What is a public body? Governing bodyGoverning body Authority to make decision for public Authority to make decision for public

bodybody Authority to make a recommendation to Authority to make a recommendation to

a public bodya public body Wholly funded by a public bodyWholly funded by a public body


RequirementsRequirements NoticeNotice LocationLocation AccessibilityAccessibility Public attendancePublic attendance VotingVoting MinutesMinutes


Executive sessionExecutive session ORS 192.660ORS 192.660 GSPC has oversightGSPC has oversight


Enforcement of lawEnforcement of law GSPC – executive sessionsGSPC – executive sessions Declaratory actionDeclaratory action

The only remedyThe only remedy

Public Records and MeetingsPublic Records and Meetings

2005 Legislative activity2005 Legislative activity Child abuse recordsChild abuse records Social Security numbersSocial Security numbers

and other identifiersand other identifiers Legal settlementsLegal settlements FeesFees

public records and meetings law

Documents

public agency

public recordsrequesting

public recordswhat

public recordsubmit

public recordcontact

records custodiana public

records available

deed records