Are Public Records Legal

[90] ORS 192.324(1)(a). A public body is not required to provide a certified copy of the minutes. However, certification may be offered as a courtesy to candidates. Certification is not difficult and can be included as an explanation on the cover page or the last sheet of the copy. See Appendix B-7 for an example. Certified copies of electronic documents are easier to modify retrospectively than printed copies of records. When certifying an electronic document, the public sector body may indicate that the copy made available in electronic form at a given time is a faithful and accurate copy of the original, but that the public sector body cannot ensure that the electronic document is not modified after it has been distributed. [522] See ORS 192.586(2)(b) (certain documents on government investments in commercial mortgages must continue to be publicly available). The public sector body may also confirm or deny that a person convicted of certain offences or subject to a protection order currently holds a secret driver`s licence for small arms, provided that the applicant is a victim of that offence or has made the relevant protection decision and provided the name and age of the potential licence holder.

[453] The analysis of the facts specific to each case usually involves taking into account the importance of the government activity in question; [165] as it is called; [166] whether disclosure would interfere with the functions of the state; [167] whether disclosure would help the public better monitor public affairs; [168] and the impact of disclosure on any data protection interest. [169] The public interest does not normally depend on the private interests of the applicant[170] or on the protection of public authorities from embarrassment or control. [171] [200] ORS 192.411(2). As explained below, Marion County may not be the appropriate court for some health care regulators or the Health Permits Office. Although these records are conditionally excluded from the custody of law enforcement,[368] we have repeatedly concluded that these records are not excluded from the custody of the OHSSD in the circumstances; Our decisions are based in part on the public`s strong interest in the transparency of police operations and the certification of police officers. [369] And we concluded that the public interest would suffer if disclosing a candidate`s responses to employment references could impair the public employer`s ability to “gather open information” about candidates, thereby “hindering informed hiring decisions.” [475] However, the public interest would not suffer if it were possible to blacken the identifying information on the reference form. [476] And the exception for a high volume of applications recognizes that even a system with adequate staff can sometimes be overwhelmed. This does not mean that a public body is free to postpone work on a new application until all previous applications have been completed. It may be inappropriate to delay the response to a simple request, even if a very complex request is in progress. Records of a public body relating to litigation involving the public sector body where the complaint was filed or where the complaint was not filed, where the public body demonstrates that such a dispute is reasonably likely.

This exception does not apply to disputes that have been resolved, and nothing in this Subsection limits the rights or opportunities granted to any party to a dispute or potential litigation by advance disclosure or testimony laws. Given the need for public authorities to conduct investigations in advance and to prepare for expected litigation, we consider that the phrase “with sufficient probability” should be interpreted as meaning “more likely than unlikely” and not “imminent”. An indication that a dispute is reasonably likely is the filing of a tort claim against the public sector body. Notes or reports prepared in response to this notification were covered by the derogation. [280] [204] Morse Bros, Inc. v. ODED”,” 103 or App 619, 622 (1990) (the trial court should have dismissed the public record action if the plaintiff filed a lawsuit before giving the Attorney General an opportunity to rule on the application). This exception does not extend to records showing the number of persons who have signed these cards or to checklists of workers with the right to vote who participate in these elections that do not show how each worker voted.

[312] The OHSP certifies or licenses public safety personnel,[547] such as correctional officers, police officers and emergency medical dispatchers, as well as professionals and private security service providers. [548] This exception applies only to daylight saving time recordings. This exemption applies to certain files submitted to local housing authorities and urban renewal organizations by individuals or businesses that apply for or receive certain funds related to affordable, government-subsidized or urban renewal housing projects. It was proposed to encourage the participation of developers, entrepreneurs, financial institutions and others in publicly funded transactions for low-income housing and urban renewal. This provision is somewhat similar to the exception in orS subsection 192.355(23) for records obtained from the Oregon Department of Housing and Community Services. However, unlike subsection 192.355(23) of the ORS, this exception is conditional and requires consideration of the public interest in disclosure. A 2013 amendment to this exemption clarifies that valuations made in transactions involving the transfer of real estate interests must be disclosed after the completion of those transfers. [348] Generally, this information is already excluded from the personnel records of the lawyer`s public employer, unless there is clear and convincing evidence that the public interest requires disclosure. [360] [327] ACLU of Or., Inc. v City of Eugene,” 360 Or 269, 299 (2016) (Analysis of ORS 181A.830(3)”, which conditionally excludes investigations by public safety personnel if no disciplinary action results). (c) the name of the public safety officer in the records of the assessment or taxation of real property in the county. This exception: “The public interest in disclosure includes the public interest in information about how public affairs are conducted and the public`s right to monitor what *** public servants do at work.

[161] ORS 408.425 explains the conditions under which a district officer must create military release records registered in accordance with ORS 408.420. [165] City of Portland v. Anderson, 163 Or App 550, 554 (1999) (the public had a legitimate interest in confirming the “integrity and ability to apply the law impartially” of a senior police officer); Oregonian Publ`g Co. v. Portland Sch. Dist. No. 1J, 144 Or App 180, 187 (1996), adh`d as modified on recons, 152 Or App 135 (1998). [288] The UTSA allows injunctive relief and damages for the misappropriation of a trade secret. ORS 646.463, 646.465″. `trade secret` is defined as `information * * * which * * [d]eriven an actual or potential independent economic value, since it is generally not known to the public or other persons likely to derive economic value from its disclosure or use; and [i]n must be the subject of appropriate efforts in the circumstances to maintain its secrecy. “ORS 646.461(4)”.

All of the exceptions described in ORS 192.345 are subject to conditions: they exempt certain types of information from disclosure “unless the public interest requires disclosure in the particular case.” In other words, the public body must strike a balance between the public interest in disclosure and the competing interest in confidentiality. The law assumes that the public interest favours disclosure. [157] Once a written request for assistance has been received, counsel has 21 days to assist the public body and the applicant in agreeing on the issue(s) at issue. [272] Both the applicant and the public authority must participate in good faith in the resolution process; [273] However, if a state authority uses the services of counsel, the applicant has five days to unsubscribe in writing. [274] When an agreement is reached, counsel drafts a formal written agreement, which is signed by the public body and the applicant; This agreement then checks how the application for registration is resolved. [275] If no agreement is reached, the plaintiff can still request a review by the attorney general (for state authorities), the district attorney (for cities), or the district court (for elected officials).