oregon report in lieu of auditespn conference usa football teams 2023

In addition, a public body that denies a records request has the burden of proving that the information is exempt from disclosure. ORS 30.260(8) . [238]This rule applies regardless of whether the record in question is in the custody of the elected official or in the custody of any other public body, so long as the elected official claims the right to withhold the record. [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. [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. it must be known only to certain individuals within an organization and used in a business the organization conducts; it must be information that has actual or potential commercial value; and. (c) The exemption provided by this subsection may not serve as the basis for opposition to the discovery documents in litigation pursuant to applicable rules of civil procedure. [232]Public Records Order, Apr 2, 2001,Lucey (Multnomah County). If the information is privileged, the public body should next determine whether all the above criteria are met. If a public body denies a requester the right to inspect a public record, the recourse available to the requester generally depends on the identity of the public body. Oregon Department of Justice. In some cases, federal or state law may prohibit a public body from acknowledging whether responsive records exist; or acknowledging that records exist may result in the loss of federal benefits or some other sanction. To execute such transfers, the public body may have records containing information that could allow a person to access funds maintained in a private or public account. Dist. [427]Public Records Order, Apr 3, 1989,Harrison . And sometimes agencies do not follow the advice of assigned counsel. ORS 192.478. This exemption applies to DPSST investigationsconducted to decide whether to deny, suspend, or revoke the certifications of public safety officers[364]or instructors,[365]or to determine whether the laws related to private security services have been violated. 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. [244]See id. However, one court has questioned to what extent court records are subject to inspection. DPSST certifies or licenses public safety personnel,[547]such as corrections officers, police officers, and emergency medical dispatchers, as well as private security professionals and providers. 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. Compliance would demonstrably impede the public bodys ability to perform other necessary services. The City of Klamath Falls has the authority to enter into certain transactions involving the provision of electricity or fuel in relation to the ownership and operation of the Klamath Cogeneration Project. (a) Records of or submitted to the State Treasurer, the Oregon Investment Council, the Oregon Growth Boardor the agents of the treasurer, council or board relating to actual or proposed investments under ORS chapter 293 or 348 in a privately placed investment fund or a private asset including but not limited to records regarding the solicitation, acquisition, deployment, exchange or liquidation of the investments including but not limited to: (A) Due diligence materials that are proprietary to an investment fund, to an asset ownership or to their respective investment vehicles. Computer programs developed or purchased by or for any public body for its own use. Before disclosing this information in response to a public records request, the video must be edited to make any faces unidentifiable. [303]However, the public interest may not require disclosure of certain information even after the investigation or prosecution is completed: Certain information may be subject to disclosure even before the completion of an investigation: a record of an arrestor the report of a crime can be withheld only if there is a clear need to delay disclosure in the course of a specific investigation, or if another statute restricts or prohibits disclosure. United States. [27]ORS 192.311(5)(a). Below is the online form which replaces the PDF version of the Report in Lieu from Audit. Records, reports or returns submitted by private concerns or enterprises required by law to be submitted to or inspected by a governmental body to allow it to determine the amount of any transient lodging tax payable and the amounts of such tax payable or paid, to the extent that such information is in a form which would permit identification of the individual concern or enterprise. For example, a police department may not disclose its personnel investigation of a police officer if no discipline results, but must disclose that investigation if the public interest requires disclosure or if the department determines that nondisclosure would adversely affect the publics confidence in the department. For example, the Oregon Court of Appeals found that this condition was met where disclosing information submitted by manufacturers of video terminal equipment to the State Lotterythat contained bank account numbers, tax returns, and other personal information would discourage distributors from applying for contracts[,] thereby reducing competition for video lottery terminals.[474], And we have concluded that the public interest would suffer where disclosing the responses by a job applicants employment referenceswould harm the public employers ability to gather candid information about job applicants, and could thus hinder informed hiring decisions.[475]However, the public interest would not suffer if it is possible to redact the identifying information from the reference form. ORS 676.160 . Disclosure of the information must cause harm to the public interest. Revenue received through urban renewal and spent on urban renewal activities is shown in Table 2. [316]Examples can be monuments, symbols, and facilities. [425]ORS 192.355(3). [263]In Defense of Animals v. OHSU , 199 Or App 160, 16970 (2005)(OHSU did not waive its right to assert exemptions in court action by not asserting them to the district attorney). In most cases it should be possible to complete the response within ten business days. State Bar , 275 Or 279, 283 (1976);Gray , 139 Or App at 564(this condition was satisfied where there was a clear understanding that the information would be kept confidential). Disclosure is permitted under the following circumstances, in accordance with DCBSrules: when necessary to process claims, when necessary for governmental agencies to carry out their functions, when the disclosed information cannot be used to identify any worker who is the subject of a claim, or when a worker or representative requests review of the workers claim record. [282]Public Records Order, Jan 12, 1990,Bischoff , at 3. [127]Public Records Order, Sept 10, 2009,Rogers , at 3. Dept of Fish & Wildlife , 86 Or App 168, 172 (1987)(criticizing public body for adopt[ing] an all or nothing approach, making no effort * * * to provide plaintiff with the purely factual portions). [151]E.g.,Guard Publg Co. ,310 Or at 3738 & n 6(If the public body is satisfied that a claimed exemption from disclosure is justified, it may,but is not required to, withhold disclosure of the information.). [242]ORS 192.427. For example, various personal information about public employees and volunteers that is contained in a public employers personnelrecords is exempt, unless there is clear and convincing evidence of a public interest requiring disclosure: this includes home addresses, home phone numbers, personal cell phone numbers, personal e-mail addresses, driver license numbers, dates of birth, and Social Security numbers. [255]The Attorney General cannot represent a state agency if the Attorney General ordered disclosure of any records and the agency did not fully comply. The purpose of this exemption is to protect the privacy of individuals from unreasonable invasion. The institutions covered by this exemption are the University of Oregon, Oregon State University, Portland State University, Oregon Institute of Technology, Western Oregon University, Southern Oregon University, Eastern Oregon University,[353]and OHSU. Cited in writing to any federal or state law that prohibits the public body from acknowledging whether the requested records exist (or to a law that would impose a loss of federal benefits or other sanction), unless providing that citation would violate the federal or state law. Records of the Department of Public Safety Standards and Trainingrelating to investigations conducted underORS 181A.640 or 181A.870(6) , until the department issues the report described in ORS 181A.640 or 181A.870. Without such information, it may be difficult or even impossible to assess whether the requested disclosure is in the public interest. [108]This typically includes such information as the hourly charge for different categories of staff work, and the charge to copy records. 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. a 50% fee reduction was reasonable for a major news outlet with the resources to pay where the request sought records from over 200 files, rather than from a specific type of file tied to the public interest; a 20% fee reduction for a media requester was reasonable where 56 hours of staff time was needed to fulfill a broad request not tailored to specific files; no fee reduction was reasonable where the responsive records totaled 14,266 pages; no fee reduction for a media requester was reasonable where disclosure would not inform the public about the operation of a state or local governmental body and where the requester had already paid the fee (which indicated that the fee did not deter access); a public body had to waive its fee for retrieving records from a private storage facility where the state-run storage facility offered no-cost retrieval. :g7450 7/1/2018 munt dSO.ed Governments that (1) spend less than $150,000 one year, (2) have satisfactory true bond coverage, plus (3) file on time is eligible until file a Report in Lieu of . We advise state agencies to consult with counsel when presented with physically extensive or legally complex requests for disclosure of public records. If the request was denied by a state agency or official, but not an elected official, the requester may petition the Attorney General for an order compelling disclosure of the records. [284], Even when settling other types of cases, public bodies may not exempt public records from disclosure simply by promising * * * confidentiality. But if there is no tax report filed for areporting period, there is no statute of limitations. [514]Public Records Order, Oct 20, 2009,Re , at 3. Save your progress and come back later to complete the form by clicking "Save" in the lower right. It does not apply to personnel investigations that do not result in any disciplinary action,[320]and so does not apply when an employee resigns during the investigation or in lieu of disciplinary action. [106]39 Op Atty Gen 61, 68, 1978 WL 29400 (1978). A record of the street and number of an employees address submitted to a special district to obtain assistance in promoting an alternative to single occupant motor vehicle transportation. 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). [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. [419]Public Records Order, Apr 2, 1991,Williamson , at 3. Investigatory information relating to any complaint or charge filed underORS chapter 654 , until a final administrative determination is made or, if a citation is issued, until an employer receives notice of any citation. [349], We have concluded that information from railroad companies showing the past movements of hazardous materials was not exempt where no significant nonpublic information about future movements would be revealed, and where there was a public interest in being aware of the public safety risks resulting from these movements. The general rules requiring that exemptions must be expressly stated and construed narrowly also apply to statutes that are incorporated by ORS 192.355(9). For example, we concluded that the public interest required disclosure of salary information of private companies that had received sizable property tax abatements: even assuming the information qualified as trade secret, we found that disclosure would help the public monitor the effectiveness of this investment of public funds tied to job creation. If that happens, you should first call police to report the crime. The legislature subsequently enacted a conditional exemption for these reports, ORS 192.345(36). [50]ORS 192.314(2). 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. ORS 181A.830(3)(4) . [154]Of course some prohibitions on disclosure expressly provide for public disclosure in certain circumstances. Id. Therefore, a public body receiving a public records request should first determine whether disclosure is prohibited by state or federal law, or by court order. [23]Public Records Order, July 24, 2008,Rios , at 4 (ODOT contractor was not a public body with respect to its payroll records for subcontractors). This can be accomplished in many ways, including using narrower search terms or a narrower date range, limiting the search to only the most relevant employees of the public body, or excluding the records most likely to contain exempt information. Dist. (d) When a worker or the workers representative requests review of the workers claim record. (c) The electronic mail addressof a patron. If either the state agency or requester disagrees with the Attorney Generals order, courtproceedings can be instituted after the petition process is concluded. Even if one of these conditions is met, withholding is appropriate only if the public interest in confidentiality clearly outweighs the public interest in disclosure. This exemption applies to the land management plans that are required by the voluntary stewardship agreements entered into between a landowner and the State Department of Agricultureor the State Board of Forestry; under these agreements, the landowner agrees to self-regulate to meet and exceed applicable regulatory requirements and achieve conservation, restoration and improvement of fish and wildlife habitat or water quality.[361]The land management plan includes a comprehensive description and inventory of the subject property, its features and uses, and a prescription for the protection of resources.[362]. Corp. v. Or.-OSHA , 168 Or App 293, 305 (2000)(quotingGuard Publg Co. v. Lane County Sch. A review report may be filed if the government meets ALL of the following: Did not spend more than $500,000. [459]ORS 192.365(1) (2017),amended byOr Laws 2018, ch 75, 10 . A full, searchable list is available at https://justice.oregon.gov/PublicRecordsExemptions . (g) Such information as may be necessary to enlist public assistance in apprehending fugitives from justice. However, if the ostensibly private entity is the functional equivalent of a public body, the Public Records Law applies to it. Resulting from a review of Oregon laws after the terrorist attacks of September 11, 2001, this exemption provides for confidentiality of records that contain information about the review or approval of programs that relate to the security of the following: generating, storing, or conveying certain types of materials; telecommunication systems; and data transmissions. [446], When a state agency, following the requirements of the statute and the Attorney Generals uniform rule, grants a confidentiality request, the Attorney Generals office will not substitute its judgment for the agencys when responding to a petition to review the agencys decision. [469]We note, however, that a contracts lack of a confidentiality provision may affect the other conditions necessary to apply this exemption. Start completing the fillable fields and carefully type in required information. Records withheld from disclosure under this provision must meet all four of the following criteria: This definition is not exclusive, and thus trade secret may also include information described in the Uniform Trade Secrets Act (UTSA). This exemption: (i) Applies only to the name of the civil code enforcement officer and any other owner of the property in connection with a specific property identified by the officer in a request for exemption from disclosure; (ii) Applies only to records that may be made immediately available to the public upon request in person, by telephone or using the Internet; (iii) Applies until the civil code enforcement officer requests termination of the exemption; (iv) Does not apply to disclosure of records among public bodies as defined inORS 174.109 for governmental purposes; and. Reports of unclaimed property filed by the holders of such property to the extent permitted byORS 98.352 . 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. ORS192.329(2)(e). , 139 Or App 556, 56768 (1996)(requester was entitled to attorney fees where public body disclosed records 11 days after the order, regardless of public bodys good faith and reasonableness);seeDavis v. Walker , 108 Or App 128, 13031, 133134 (1991)(requester was entitled to attorney fees where public body waited six months for a Supreme Court decision in a separate case before disclosing the records). These exemptions are intended to place the state on an equal footing with private investors in making investments, by maintaining the confidentiality of information concerning investments that are still under consideration. (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. Because this analysis is consistent with how federal courts construed the former federal statute that was the model for ORS192.324(5), those federal cases provide useful guidance as to how Oregon courts may apply the state standard. [290]This often places a public body in the difficult position of carrying the burden to prove that information is exempt as a trade secret, without possessing the facts necessary to meet this burden. [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. ORS 192.374(2)(b). Browse By State Alabama AL Alaska AK Arizona AZ Arkansas AR California CA . The provision covering HLO records technically refers to the holder of an authorization to practice a profession, or an applicant for that authorization. [495]For example, the Oregon Court of Appeals concluded that a statute affirmatively allowing the State Medical Examinerto disclose reports to specific people could not be used to infer a general prohibition against disclosing the same information to the public.[496]. This condition requires consideration not only of the impact of the disclosure on the particular informant providing the information but also of the likelihood that disclosure would discourage other informants from providing information in confidence in the future. (b) The exemption from disclosure in paragraph (a) of this subsection does not apply to public records that have attributes of anonymity that are sufficient, or that are aggregated into groupings that are broad enough, to ensure that persons cannot be identified by disclosure of the public records. If no response is received to the fee estimateor clarifying question within 60 days, the public body can close the request.[74]. at 285(quotingJordan , 308 Or at 438; internal quotation marks omitted). This subsection does not apply to Oregon Health and Science University press releases, websites or other publications circulated to the general public. Provided the requester with access to or copies of all the requested records that are not exempt from disclosure, or explained where the records are already publicly available. The Advocate offers formal assistance with requests for records from state agencies and cities,[202]and informal assistance in other cases. Absent statutory authority, such action would violate the strong and enduring policy that public records and governmental activities be open to the public.[285], Lastly, we note that when a party to civil litigation involving a public body uses the Public Records Law to request information relating to the litigation, the party must send the request to the public body, with a copy to the public bodys attorney. This provision was proposed by telecommunications utilities, with the concurrence of the Public Utility Commission (PUC), to protect the affiliates financial statements and auditsthat become public records when the telecommunications carrier provides them to the PUC. [342]Public Records Order, Jan 27, 2006,Laws . [235]SeeORS 353.100(1) (OHSU is not a state agency for purposes of ORS 192, which contains the Public Records Law). [272]Both the requester and state agency must engage in the resolution process in good faith;[273]however, when a state agency requests the Advocates services, the records requester has five days to opt out by written notice. [224], Because of the opportunity given to the licensee or applicant to submit a response, the Attorney General has 15 days to consider these petitions, instead of the usual seven. [74]ORS 192.329(3)(b), (4)(b). About the author. Special procedures for seeking review by the Attorney General apply to certain records of health professional regulatory boards[218]and of certain boards under the administration of the Health Licensing Office(HLO). ORS192.411(1); ORS 192.415(1). For example, we concluded that a state university did not waive the exemption over preliminary research dataand reports through disclosure to other members of its research cooperative. [38]We note that the common SQL databases in use today readily allow the retrieval and export of specific information in the Excel compatible format that requesters often prefer. Even if waiving or reducing the fee is in the public interest, a public body has the discretion whether to do so. No. [169]The public interest typically does not depend on the requesters private interests,[170]or on protecting public bodies from embarrassment or scrutiny. The following records, communications and information submitted to the Oregon Business Development Commission, the Oregon Business Development Department, the State Department of Agriculture, the Oregon Growth Board, the Port of Portland or other ports, as defined inORS 777.005 , or a county or city governing body and any board, department, commission, council or agency thereof, by applicants for investment funds, grants, loans, services or economic development moneys, support or assistance including, but not limited to, those described inORS 285A.224 : (D) Information of an applicant pertaining to litigation to which the applicant is a party if the complaint has been filed, or if the complaint has not been filed, if the applicant shows that such litigation is reasonably likely to occur; this exemption does not apply to litigation which has been concluded, and nothing in this subparagraph shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation.

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