Public Records and Meetings Law

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. Public Records • Requesting a public record • Contact the records custodian • A public body mandated, directly or indirectly, to create, maintain, care for or control a public record. “Custodian” does not include a public body that has custody of a public record as an agent of another public body that is the custodian unless the public record is not otherwise available.

6. Public Records • Requesting a public record • Submit a request • The custodian of the records may adopt reasonable rules necessary for the protection of the records and to prevent interference with the regular discharge of duties of the custodian. • The public body may establish fees reasonably calculated to reimburse it for its actual cost in making such records available.

7. Public Records • Requesting a public record • Submit a request • www.open-oregon.com

8. 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.

9. 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.

10. Public Records • Agency handling – An insider’s view • Stonewall • Talk out of both sides of mouth • Make promises we can’t keep • Claim ignorance • REDACT, REDACT, REDACT

11. Public Records • Agency handling – An insider’s view • Talk to the manager • Search for records • Talk to the agency attorney • Review for exempt material • REDACT, REDACT, REDACT

12. Public Records • The exemptions (ORS 192.501 & 192.502) • Conditional exemptions • The balancing test

13. Public Records • The exemptions (ORS 192.501 & 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

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

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

16. Public Records • Public records petitions • Where do I send it? • District Attorney • City • County • School districts • Special districts

17. Public Records • Public records petitions • What do I say? • ORS 192.470 • www.open-oregon.com • Know the exemption

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

19. Public Records • Public records petitions • How is the request handled? • Insider’s view • Internal AG process • Receiving the petition • Avoiding conflicts of interest • Reviewing documents • Reviewing previous orders • Working with the agency

20. Public Records • Public records petitions • What if the AG is wrong? • Declaratory action • Attorney fees awarded • Legislative action

21. Public Meetings • Meetings 101

22. Public Meetings The 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?

23. Public Meetings • What is a public body? • Governing body • Authority to make decision for public body • Authority to make a recommendation to a public body • Wholly funded by a public body

24. Public Meetings • Requirements • Notice • Location • Accessibility • Public attendance • Voting • Minutes

25. Public Meetings • Executive session • ORS 192.660 • GSPC has oversight

26. Public Meetings • Enforcement of law • GSPC – executive sessions • Declaratory action • The only remedy

27. Public Records and Meetings • 2005 Legislative activity • Child abuse records • Social Security numbers and other identifiers • Legal settlements • Fees