Oregon is one of dozens of states with a liberal government records law. That means records of state and local governments in Oregon are presumed open unless a specific state law says otherwise.[1 ]Secret records are supposed to be the exceptions under such a scheme. But the principle of open government records has been eroded over the years. More than 250 special exceptions to the records law are scattered throughout the bound volumes of state statutes.[2] Moves to reform this piecemeal secrecy failed in the 1993 state Legislature.
Public records:special state exceptions
Under Oregon law, some kinds of records are sometimes secret, while other kinds of records are permanently off limits. In either case, government must meet certain conditions to keep a record from the public.[3]
You can look at public records
Anybody can see a public record in the state of Oregon. It does not matter who wants to see the document, or why.[4]
However, some government records can be either secret or public. In those cases government must weigh the reasons for keeping the record secret against the reasons for making it public. Sometimes the scales are tipped by the motive and identity of whoever asked for the record.[5]
State law often favors disclosure if you can show that it is in the "public interest."[6]
What are public records?
A public record is any information about public affairs that was made, used or kept by the government.[7] Indeed, all branches of state and local government fall under the public records law except for the state Legislature and its members, staff and committees.[8]public records:state definition of
The Legislature has separate records rules
The state Senate and House have separate sets of rules, some of which deal with public records.state Legislature:records
The Senate. state Senate:records rulesSenate rules say you can look at state Senate records that are in the Senate's possession. But your access can be restricted if senators and their staffers need to use the records. The president of the Senate can also impose restrictions to protect records from damage.
Senate records are defined as bills, amendments, documents, books, papers, photographs, sound recordings or "other material[s]" produced by the Senate.[9]
Only legislative staff can borrow Senate records. However, you may be able to copy these records for an "appropriate fee" that covers copying costs.[10]
The House.state House:records rules House rules say anyone may get one free
copy of the following records:[11]
* Any bill, including its amendments and corrections.
* The daily or weekly calendar.
* The legislative schedule.
* The weekly cumulative index.
When the Legislature is in session, you also can look at a complete set of the above records in the Capitol Guide Office.[12]
Public records rules apply to computers
It does not matter how the information is kept; the public records law applies to government information, regardless of its form. That includes information stored on computers.[13] For example, electronic mail at a government agency is subject to the same disclosure rules as any other public record. Even a back-up tape that stores old electronic mail messages is a public record.[14]electronic mailcomputer records:and state law
Although you can see public computer data, the government does not have to give you access to its computer programs.[15]computer programs:and the state records law
Finally, the government does not have to do a new computer analysis at your request. Government is only required to give you computer records that already exist; it does not have to create new computer records for you.[16]
Example: The Lane County Department of Assessment and Taxation in 1987 used two computer programs to figure out property values for tax purposes. A state official asked, among other things, whether the records law would force the county to make new computer appraisals on demand. The state Attorney General said existing computer printouts were public records. But the Attorney General went on to say that the county was not required to create new appraisals; the public records law only applied to existing information.[17]
See: Attorney General's letter of advice to Jim Kenney, June 1, 1987Attorney General's advice:to Kenney
ËNote: "Public records" come in many forms.public records:kinds under the state records law Computer tapes, maps, microfiche, photocopies, photographs, pictures and "virtually any other method of recording information" can be public records. The test is whether the information relates to the conduct of the public's business.[18]
For more information, see:
* The state Attorney General's Public Records and Meetings Manual. See pages 4, 29 and 104.
* "Access to Electronic Records" by The Reporters Committee for Freedom of the Press, Washington, D.C. See page 18.
The law doesn't apply to private groups
Companies, non-profit corporations, cooperatives and other private organizations are not bound by the state's public records law.[19] Indeed, any organization that does not fit the legal definition of a "public body" can keep its records secret.
In 1994 the state Supreme Court devised a six-part test for deciding whether an organization is a public body.[20] The test is based on this notion: If an organization is the "functional equivalent" of a government, it is a public body that must abide by the open records law.
The test asks the following questions:
* Origin. Was the organization formed by government or by private interests?
* Function. Is the organization doing work traditionally done by government or by private interests?
* Authority. Can the organization make governmental decisions, or is it limited to nonbinding recommendations?
* Finances. Does the organization get money, supplies and other support from the government?
* Control. How much control does the government have over the organization?
* Staff. Does the organization's staff work for the government or for private interests?
An organization is more likely to fit the definition of a public body as it takes on more governmental characteristics and connections.
Example: The McKenzie School Board asked a school administrators association to investigate McKenzie High School. The private association formed a "fact-finding team" to do the investigation. A group of parents asked to see records of the investigation, but its request was rejected. A trial court said the records were withheld rightfully because the team was not a "public body." The state Supreme Court agreed after applying its six-part test to the team. The team was formed by the school board and performed government functions, making it more like a public body. However, the team couldn't make binding decisions and was neither supported nor controlled by the school. Also, none of the team members worked for the school. On balance, the court said, the team did not fit the definition of a public body.
See: Marks v. McKenzie High School Fact-Finding Team, 1994 Ore. LEXIS 82 (Or 1994); 121 Or. App. 146 (1993)Marks v. McKenzie
ËTip: You can often get records produced by private contractors for the government if the government has the information. Government also can require contractors to make their work public.[21]
You can get copies or make them yourself
You can ask the government to give you certified copies of the original record, or you can make your own copies. You can even make copies on your own equipment, as long as it doesn't damage the record.[22]copies:and the state records law
If you want an electronic record, the government will give you a copy either in the form you asked for or in the electronic record's original form.[23]
Government can charge you for the actual costs of finding, handling and copying public records.[24 ]More specifically, those "actual costs" may include the expense of:[25]copies:charges for state and local records
* Finding the records.
* Checking records for secret information.
* Overseeing a worker's inspection of original records.
* Copying records.
* Certifying records as authentic.
* Sending records by special carriers.
* Having an attorney review the records.
Government can charge you for a records search even if it can't find the documents you requested.[26]
But government can't charge you more than its actual cost. In fact, an agency could run afoul of the public records law if the high cost of copies discouraged people from getting public documents.[27]
Example: May Francis Davis sued the Portland Police BureauPortland Police Bureau in a dispute over whether she could see records of her complaint against police. One issue was whether the bureau charged too much for edited copies of its records. The bureau used formulas to calculate the cost of copies. But the state Court of Appeals said that wasn't enough: The bureau didn't do a study to find out how much the copies actually cost. Therefore, the court said the fees were unreasonable.
See: Davis v. WalkerDavis v. Walker, 108 Or. App. 128 (1991)
Looking at records? Be "reasonable"
An agency must give you a "reasonable" chance to look at public records during its office hours, even if the information is in a computer.[28 ]public records:examining under state law
There is no working definition for what is "reasonable." However, you can use common sense. If an agency's actions seem unreasonable, take one of the following steps:[29]
* Talk to somebody else at the agency. Records disputes often start with misunderstandings.
* Get advice from your attorney.
* File a complaint with the state Attorney General's office.
You have to be reasonable, too. Government can take steps to protect its documents from damage. It can also keep you from disrupting the office while looking for information. [30] According to the state Attorney General, the right to see public records is not a right to paw through file cabinets.[31]
Nonetheless, government can't make rules for the sole purpose of making public records harder to get.
Government can also keep you from seeing original records that have secret information. But that doesn't mean all of the information in the document is off limits.[32]
Government must edit out the secrets
If secret and public information are in the same document, government must edit out the secret portions and show you the rest. public recordsSee editing secret informationediting secrets out of records:and state records lawsecret recordsSee also editing secrets out of records
Also, you can't count on seeing a secret record just because the government shows it to selected people. The state Attorney General says a record is still secret if showing it to somebody else doesn't undermine the reasons for making it secret in the first place.[33]
Most secret records aren't secret forever
In general, records more than 25 years old must be made public.[34 ]But the following records are exceptions to the rule:secret records: state time limits on
* Health records of a living person cannot be released for 75 years. But you can get these records sooner by showing that disclosure is in the public interest and is not an unreasonable invasion of privacy.[35]
* You cannot see records less than 75 years old that were sealed by a court or the state Legislature. However, such records can be made public by court orders.[36]
* Records of someone in the custody of the government cannot be made public until 25 years after the person is released.[37]
* Student records made secret by state and federal laws cannot be made public under existing law.[38]
Not all government records are public
The public records law has a built-in preference for making government records public. But there are times when our preference for public records collides with a good reason for making a record confidential. For instance, should we be able to copy the case file of an ordinary person who was involuntarily committed to a psychiatric ward? Protecting the privacy of this patient is a compelling reason for keeping the record secret.
The state Legislature has handled these kinds of conflicts by essentially creating three other categories of records. Those categories are:[39]
* Records that are secret some of the time.
* Records that are secret temporarily.
* Secret records.
Each of those categories is discussed below.
A) Some records are secret some of the time
Records that fall into this category can be either public or secret. Consequently, the state Legislature created a legal mechanism for deciding whether a record is public or not.public records:state balancing test for secrecybalancing testSee public records
This mechanism is a balancing test that weighs one or more reasons for confidentiality against the public interest in disclosure.
Interests that weigh on the side of secrecy include personal privacy, trade secrets, investigatory records and confidential tips.
On the other side of the scale is the "public interest."public interest:court definition of Over the years the state Court of Appeals has shed some light on what the "public interest" means. The court most recently said the public needs information that helps it understand how public business is conducted. Earlier the court said the public has a right to see what public officials do on the job.[40] In one landmark records case, the court said people have a right to see public records to learn what their government is doing.[41]
This test is used by a government agency or a court. If the scale tips in favor of the public interest, you get to see the record. If it tips in favor of confidentiality, the record can be secret.
ËNote: Secrecy isn't required if the balancing test favors confidentiality; rather, government only has the option of making a record secret.
Also, the balancing test is weighted in favor of disclosure. For example:
* The state Court of Appeals said the balancing test presumes disclosure.[42]
* The state Attorney General says the test favors the release of the record.[43]
* Even if the scales tip in favor of secrecy, the government still has the option of releasing the record.[44]
What follows is a list of the records that fall into this category.
1) Investigatory records
Civil rights investigations.investigatory records:and state civil right investigations The government can refuse to release investigations of discrimination on the job, at school, in housing or at "places of public accommodations." But you can get the verified complaint that started the probe.[45] Those complaints are filed with the commissioner of the state Bureau of Labor and Industries.[46]
Crime investigations.investigatory records:and state criminal investigations police reportsSee also investigatory records crime reportsSee investigatory recordsPolice can refuse to give you information they have gathered about a crime as long as there is a need to do so. However, police can give out information about a crime report or an arrest. That information includes:[47]
* The name, age, home, job, marital status and other biographical information of the person arrested.
* The charge against the suspect.
* The terms for the suspect's release.
* The name and biographical sketch of the victim or the person who reported the crime.
* The agency in charge of the investigation.
* The duration of the investigation.
* The circumstances of the arrest.
* Any information that would help the public catch a fugitive.
Nonetheless, police can temporarily withhold even this information if there is a "clear need" to keep quiet about a particular case.[48]police reports:when police can withhold information
The records law does not define "clear need," and there is no uniform definition among the state's law enforcement agencies. As a result, departments and investigators have considerable discretion in deciding when to withhold information about a report or an arrest.[49]
Example: Eugene police in the spring of 1994 investigated the beating death of a store clerk. A surviving clerk and neighbors gave police descriptions of the assailants and their clothing. Police debated whether to withhold the information. Releasing the descriptions could result in tips that could lead to arrests. But the publicity could also tip off the assailants that police were looking for specific articles of clothing. Police released the descriptions three days after the crime, after again interviewing the witnesses.[50]Eugene police
Collection agency investigations.investigatory records:and collection agency investigations The state Department of Consumer and Business Services can withhold its investigations of collection agencies. It is unclear whether the agency also can keep you from seeing the complaint.[51]
Unfair labor practice investigations.investigatory records:and unfair labor practice investigations The Employment Relations Board and the Employes Benefit Board can withhold investigation records, but you can see the complaint that started the probe.[52]
Workplace safety investigations.investigatory records:and workplace safety investigations The government doesn't have to disclose investigations of unsafe workplaces. Typically, those investigations are handled by the state Department of Consumer and Business Affairs and the state Worker's Compensation Board.[53 ]state Workers Compensation BoardOnce more, the complaint that led to the investigation is public.[54]
2) Some business recordsbusiness records
Business records given to government regulators. business records:and state regulators Some companies are required to submit records that government uses to set fees, assessments or production levels. Some examples include sales records, production records and catch records. These business records can be withheld if you could identify the company from the documents. [55]
Certain debt mediation records.business records:and state debt mediation records An agricultural company or its creditor can ask for a mediator hired by the state Director of Agriculture if foreclosure is imminent. This narrow exemption to the public records law covers information exchanged in mediation. The provision expires on June 30, 1995.[56 ]
Loan records. The state Department of Consumer and Business Services doesn't have to give you some records on credit unions and consumer finance firms. But these records are secret only if the confidentiality of the lenders and borrowers is more important than the public interest in disclosure.[57]state Department of Consumer and Business Servicesloan records:and the state records law
Public investment records.business records:and state public investment records Business records given to the state Treasurer or the Oregon Investment Council in a potential public investment deal can be withheld. Still, these documents are secret only if disclosure would hurt the state's ability to make a deal.[58]
Some lodging tax records.business records:and state lodging tax records tax records:state lodging tax recordsGovernment does not have to give you records it gets from companies to set transient lodging taxes, especially if the firm can be identified. However, if the firm falls more than 60 days behind on its tax payments, you can get the company's name, how much it owes and when it last paid.[59]
Telephone company records. business records:and telephone company recordstelephone company records Government can withhold financial statements and some audits of telecommunications utilities and "affiliated interests." "Affiliated interests" essentially means any firm or person with ownership ties to a telecommunications company. City facilities and companies that sell only telephones were excluded[60 ]from this exemption, which was added in 1993.[61]
Trade secrets. business records:and trade secretstrade secrets:and state records lawsYou can be barred from getting business information that meets all of the following conditions:
* It is unpatented.
* It is little known.
* It is commercially valuable.
* It gives those who have it a competitive edge.
Some examples include production records, tools, formulas and procedures.[62]
3) Some government records
Civil lawsuits.civil lawsuits against government:and the state records law Government does not have to release legal papers of a civil suit in which it is a plaintiff or a defendant. This exemption applies before and during litigation; it doesn't apply to lawsuits that have come to an end.[63]
Computer programs.computer programs:and the state records law Government doesn't have to give you its computer programs. However, you can still get the raw data and the results of computer runs.[64]
Confidential tips. confidential tips:and the state records law You can be denied information that someone voluntarily gave to the government on the promise that it be kept secret. That may sound simple, but it's not. All of the following conditions must apply to the information before the government can withhold it: [65]
* The information was submitted voluntarily.
* Government can show that the information should be confidential.
* Government promised to keep the information secret.
* Disclosing the information would harm the public interest.
* Whoever gave the government the information did so in confidence.
Disciplinary records.disciplinary records:and the state records law Government does not have to release disciplinary records of its workers. Still, the state Attorney General says there may be a public interest in releasing these records if a government worker commits a publicized crime.[66]
Government memos.government memos:and the state records lawmemosSee government memos Government can deny you a memo written by its own staff or the staff of another agency if the memo contains only opinion and advice.[67]
The memo must also be a preliminary record, or "working paper." Working papers are internal government documents that officials use to arrive at a final decision.working papers:state definition of
This exception is supposed to encourage candid discussion within government by keeping advisory memos secret. But government must show that the benefits of secrecy outweigh the benefits of publicity for each case.[68]
If an internal memo contains facts and opinion, you can ask the government to release the facts and keep the opinions secret. The government must comply.[69]
Example: The state Department of Fish and Wildlife once told its biologists to fill out a form on the effectiveness of forest regulations. Coos County asked to see what the biologists said. But the department said the replies were advisory and refused to release individual forms. A trial court ordered the records released, and the state Court of Appeals upheld the order. The appellate court said the potential for embarrassment to the department and its biologists was not enough to overcome the law's preference for disclosure.[70]state Department of Fish and Wildlife
See: Coos County v. Oregon Department of Fish and Wildlife, 86 Or. App. 168 (1987)Coos County v. state Department of Fish and Wildlife
Prison and parole records.prison records:and the state records lawparole records:and the state records law The state Department of Corrections and the parole board can withhold records that, if made public, would disrupt the department or hamper a convict's rehabilitation. state Department of Corrections
To use this exception, either the department or the board must show that secrecy clearly outweighs the public interest in disclosure in one of the following circumstances: [71]
* Disclosure would hamper a convict's rehabilitation.
* Disclosure would "substantially" bias either the department or the board and keep either from doing its job.
Property appraisals.property appraisals:and the state records law Government can refuse to give you appraisals on property it might buy.[72
]
4) Records of rare things and animals
Archeological sites.archeological sites:and the state records law Government doesn't have to give you the locations of archeological objects and sites, except for tourist attractions. However, a tribe can get information about sites that are relevant to the tribe's culture and religion.[73]
Rare plants and animals.endangered species:and the state records law The State Fish and Wildlife Commission and the State Department of Agriculture can withhold some information about rare plants and animals that are protected by the government. More specifically, those agencies do not have to tell you about the habitat, location and population of species that are considered threatened or endangered.[74]
5) Private personal information
Personal privacy.privacy:and the state records law The government can withhold personal information if making it public would be an unreasonable invasion of privacy. A legal test devised by the state Supreme Court says information is secret for privacy considerations if:
* The information is personal, or "specific to one individual."[75]
* Disclosure would be an unreasonable invasion of privacy in the sense that a reasonable person would consider it "highly offensive."[76]
Example: A woman who was harassed by a Salem man asked the state Department of Motor Vehicles to keep her address and telephone number secret.state Department of Motor Vehicles The department agreed. The man sued for the information, but the courts upheld the department. The state Supreme Court finally said releasing the information would invade her privacy because the man probably would "harry her incessantly." Also, the man didn't show that there was "clear and convincing" public interest in making the information public.[77]
See: Jordan v. Motor Vehicles Division, 308 Or. 433 (1989)Jordon v. Motor Vehicles Division
However, government must release these records if there is "clear and convincing" evidence that the public interest would benefit. Also, government cannot make blanket policies for withholding personal information; this information must be withheld for good reasons on a case-by-case basis.[78]
The state Attorney General's office says government can't use this provision to shield itself. More specifically, agencies can't use the invasion of privacy provision to keep you from seeing records that show how well government workers do their jobs.[79]
Example: Teachers went on strike at Eugene public schools in the spring of 1987.Lane County 4J School District The district hired replacement teachers with the blanket promise that it would not disclose their names and addresses during the strike. When The [Eugene] Register-Guard asked for the names and addresses of replacement coaches, the district refused to release the information. The newspaper sued, and the case eventually went to the state Supreme Court. The court said the district's blanket promise of confidentiality violated the public records law. Government must have good reasons for withholding personal information, and it must be done on an individual basis.
See: Guard Publishing Co. v. Lane County School District No. 4J, 310 Or. 32 (1990)Guard Publishing Co. v. Lane County School District
Information about a public official does not become secret just because the government keeps it in a personnel file. Secrecy is determined by the nature of the information and not by its location.[80]
For example, a government agency may keep job evaluations of its administrators in a personnel file. But the personal privacy test supplies strong arguments for making those records public:[ 81]
* Public officials cannot have a reasonable expectation of keeping their job performance confidential.
* The public has a legitimate interest in knowing how well public officials do their jobs.
6) Other records
Scholarly research.scholarly research:and the state records law Government can withhold research findings at public educational institutions until the information is either published, copyrighted or patented.[82]
Library circulation records.library circulation records:and the state records law Libraries don't have to tell you who has checked out specific books and other library materials.[83]
Police deployment plans.police deployment plans:and the state records law Police do not have to tell you about specific deployment plans if the public's safety is at risk and the release of the plans would increase the danger.[84]
Test questions and answers. test keys:and the state records law Questions and answers for licensing exams, job tests and academic exams can be withheld.[85]
Union election cards.labor union elections:and the state records law Groups of workers sometimes vote on whether to join or quit a union. The Employment Relations Board[86] doesn't have to give you the names of workers who sign cards or petitions calling for a vote on union representation.[87]state Employment Relations Board
Voters' home addresses.voters' home addresses:and the state records law Voters can ask county clerks to keep their home addresses secret. But voters must fear for their own or their family's safety and provide evidence of the danger. The state Legislature said this provision applies to:[88]
* Victims of domestic violence.
* People who have gone to court to get protective orders for their safety.
* People who have contacted police because of domestic violence or other physical abuse.
This exemption was added in 1993.[89]
For more information, see:
* Oregon Revised Statutes, Title 19, Chapter 192, Section 501, "Public records exempt from disclosure."
* Tapping The Attorney General's Public Records and Meetings Manual. See pages 13 to 31.
* Officials' Secrets: The Door to Open Government in Oregon. This was published by The Reporters Committee for Freedom of the Press. See pages 5 to 11.
B) Some records are secret temporarily
Some government records are secret, but only for a limited period of time. Those records are:
Monthly retirement and accident fund reports.state Public Employees Retirement Fund:and the state records law state Industrial Accident Fund:and the state records lawYou cannot immediately see the monthly reports of the Public Employees Retirement Fund and the state Industrial Accident Fund. Those records are secret for as long as 90 days after the end of each quarter. That means the reports are unavailable for three to six months after they are completed.[90]
Reports of abandoned property.abandoned property reports:and the state records law People in possession of somebody else's unclaimed property can file reports with the Division of State Lands, which tries to find the rightful ownersDivision of State Lands. But you can't see those unclaimed property reports right away. Instead, the reports are secret during a waiting period of at least two years.[91]
C) Secret recordssecret records:and the state records law
Some government records are simply off limits. Government doesn't have to weigh confidentiality against the public interest because the state Legislature already made the decision. In other words, the Legislature decided there were better reasons to keep the records secret.[92]
Some of the records that fall into this large category are:
Pre-sentence and probation reports. pre-sentence reports:and the state records law probation reports:and the state records lawYou cannot see pre-sentence reports and investigative reports written by parole officers.[93]
Secret federal records.secret federal records:and the state records law State and local governments cannot disclose records that are secret under federal law.[94]
The state "catch-all" exemption. Over Over the years the state Legislature put on the books scores of special exceptions to the public records law. More than 250 exceptions were listed in the 1993 edition of the Attorney General's Public Records and Meetings Manual, although some were duplications.[95] These exceptions are scattered throughout the state statutes, yet all are linked to the records law through this "catch-all" provision.[96]
About two-thirds of these special exceptions fall into the following categories:[97]
* Business records.business records:and state records law exceptions Some examples include trade secrets and industrial plant appraisals.
* Complaints and investigatory records.investigatory records:and state records law exceptionscomplaints:and state records law exceptions This includes records at law enforcement agencies, regulatory agencies and professional licensing boards.
* Convict recordsconvict records:and state records law exceptions.
* Family issues.family information:and state records law exceptions Some examples include child-support records and records of court-ordered marriage counseling.
* Information accepted in confidence. confidential information:and state records law exceptionsFor example, there are five separate statutes on informants.
* Juvenile records.juvenile records:and state records law exceptions Some examples include juvenile court records and child abuse reports.
* Licensing board investigations.licensing boards:and state records law exceptions This category generally covers the complaints and investigatory records of boards that enforce standards for certain professions. Some examples include the Board of Dentistry, the Board of Optometry and the Board of Medical Examiners.
* Medical records.medical records:and state records law exceptions Examples range from HIV test results to medical records at the state Mental Health Division.
* Personal financial records.personal financial records:and state records law exceptions
* Privileged communicationsprivileged communications:and state records law exceptions. This applies to the confidential talks that take place between certain people, such as spouses or some professionals and their clients.
* Public assistance reports.public assistance reports:and state records law exceptions
* Student records. student records:and state records law exceptions(See the section on student records in this handbook.)
ËNote: For a comprehensive listing of special exceptions, see the Attorney General's Public Records and Meetings Manual, Appendix H, at pages 117 to 128.
ËNote: Just because a record is on the Attorney General's list of special exemptions doesn't mean all of the information is secret. Some listings imply complete secrecy, even though some, and maybe most, of the information is public.[98 If government denies you information based on one of these exemptions, it is worth your time to read the statute. For instance, the Attorney General's Manual lists the records, papers and files of the state Blind Commission. Some of the commission's records are secret. But the statute also says that records of the commission's finances and official actions are public.[99 ]state records:special exceptions aren't always secret
Exchange of confidential records.confidential records:and the state records law Confidential records exchanged by different branches of government are still confidential as long as the original reasons for secrecy apply.[100]
Protecting nuclear sites and shipments.nuclear sites and shipments:and the state records law You cannot see records at the state Energy Facility Siting Council that deal with protecting nuclear plants and shipping radioactive material.[101]state Energy Facility Siting Council
Some state retirement recordsretirement records:and the state records law. Pensioner addresses, telephone numbers and other nonfinancial records kept by the Public Employee Retirement System are secret.[102]state Public Employee Retirement System
Economic development records.economic development records:and the state records law Also secret are some business records given to ports, the Economic Development Commissionstate Economic Development Commission, the Economic Development Departmentstate Economic Development Department and the Oregon Resource and Technology Development CorpOregon Resource and Technology Development Corp. Specifically off limits are: financial statements, lists of customers, information about lawsuits, marketing strategies, production data, sales data and cost data.[103]
Requests for court-appointed attorneys. court-appointed attorneys:and the state records law You cannot see what someone tells a court while asking for a court-appointed attorney. What someone tells the State Court AdministrationState Court Administration to prove his or her indigence is also off limits.[104]
Some worker compensation claims.worker compensation claims:and the state records law Worker compensation claims filed with the state Department of Consumer and Business Servicesstate Department of Consumer and Business Services are generally confidential. However, these records can be released to other agencies and to those who handle claims. You can get compensation claim information that does not identify anybody.[105]
Personal safety exception.personal safety, fear for:and the state records law Those who worry about their own safety and the safety of their families can ask the government to withhold their home addresses and telephone numbers. This provision doesn't apply to liens and county property records.[106]
For more information, see:
* The Attorney General's Uniform Rules for Personal Safety Exemption on page 113 of the 1993 Attorney General's Public Records and Meetings Manual.
You can challenge a records decision
There are three avenues for challenging the government if it decides to keep you from seeing a record. Which avenue to take is dictated by which branch of government denied you the documents.
Follow these steps to challenge different branches of government:
State Government
Start with the state Attorney General if some branch of state government -- elected officials excluded -- refuses to release records. Here are the steps:Attorney Generalenforcing access laws:and records appeals to the state Attorney General
1) Ask the Attorney General in writing to order the release of the records. There is no charge for this request. Explain the circumstances to the Attorney General and say why you believe the record should be released. [107 You can follow the sample request form in the appendix.[108 Send your request to: Attorney General's office, Justice Building, Salem, Ore. 97310. The Attorney General will also respond informally to telephone inquiries.]
2) The Attorney General must decide within seven days. If the office doesn't rule within seven days, your request was denied. But if the Attorney General rules in your favor, the government must release the record within seven days of the Attorney General's decision.[109]
3) Either side can challenge the order in court.enforcing access laws:and suing under state records laws The government can appeal the Attorney General's decision by saying it will go to court. The agency must then sue within seven days.[110] You can also go to court, but you don't have the seven-day deadline.[111] Both you and the agency must file suit in Marion County Circuit Court in Salem. [112]Courts have to give these cases priority.]
Local Government
If you are denied documents by a branch of local government -- elected officials excluded -- you must go to the district attorney in that county.[113 ]Here are the steps:]
1) Ask the district attorney to order the release of the records. district attorneys:and the state records law enforcing access laws:and appealing local records decisions to district attorneysThere is no charge for this request. Explain the circumstances to the district attorney and say why you believe the record should be released. You can follow the sample request form in the appendix.[114]
2) The district attorney must decide within seven days. You can consider your request denied if the district attorney's office does not act within seven days. But if the district attorney orders the release of the record, government must comply within seven days.[115]
3) Either side can challenge the order in circuit court. You or the local government can challenge the district attorney's order by filing a lawsuit in that county's circuit court. Again, courts must give these cases priority. [116]
Elected Officials
If an elected official rejects your request for a record, your only recourse is a court challenge.enforcing access laws:and state elected officials
1) Ask a court to order the release of the record. You must challenge an elected state official's refusal to release a record in Marion County Circuit Court in Salem. You must appeal a local elected official's refusal to release a record in the circuit court of his or her county.[117]
ËTip: When you challenge a records decision, make your best factual case for why the record is public. More specifically:
* Cite state laws that support your argument.
* Say why disclosure is in the public interest.
How you can get other sources of information.
* Access to Electronic Records. This handbook is available for $6 from The Reporters Committee for Freedom of the Press, which is based in Washington, D.C. Telephone: (202) 466-6313.
* Attorney General's Public Records and Meetings Manual. You can get this manual from the state Department of Justice in Salem for $15. Telephone: (503) 378-5555.
* Oregon Revised Statutes. These volumes of laws passed by the state Legislature are kept in most libraries and many newsrooms. Particularly valuable, but not as up to date, are the Oregon Revised Statutes Annotated published by Butterworth Legal Publishers. The annotated volumes list relevant court cases, statutes and Attorney General opinions for each state law.
* Tapping Officials' Secrets: The Door to Open Government in Oregon. You can get this 68-page manual for $10.50 from The Reporters Committee for Freedom of the Press, in Washington, D.C. Telephone: (202) 466-6313.