[438]Public Records Order, May 5, 1994,Wright , at 2 (petition denied as moot because agency agreed to release requested records). Get Oregon Report In Lieu Of Audit Fillable Form [281]Public Records Order, June 8, 1990,Madrid ; Public Records Order, Aug 16, 2004,Bobbitt . [320]City of Portland v. Rice , 308 Or 118, 12324 (1989);City of Portland v. Anderson , 163 Or App 550, 55354 (1999)(only the records relating to allegations for which discipline was imposed were conditionally exempt). [495]Colby v. Gunson , 224 Or App 666, 676 (2008). [178]We explained that where limited disclosure of a public record does not thwart the policy supporting the exemption, the public body does not thereby waive its prerogative not to disclose the record to others.[179], And certain exemptions are not waived by disclosure in response to a written records request, namely the attorney-client privilegeand the other evidentiary privileges contained inORS 40.225 to 40.295 .[180]. (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. See Appendix B-7 for a sample. [339]While the complaint itself is not covered by this exemption,[340]the identity of an employee who makes a complaint will be kept confidential if the employee submits a written request.[341]. This subsection does not apply to cost-of-service studies used in the development or review of generally applicable rate schedules. Unless the public records request is made by a financial institution, as defined inORS 706.008 , consumer finance company licensed underORS chapter 725 , mortgage banker or mortgage broker licensed underORS 86A.095 to 86A.198 , or title company for business purposes, records described in paragraph (a) of this subsection, if the exemption from disclosure of the records is sought by an individual described in paragraph (b) of this subsection using the procedure described in paragraph (c) of this subsection: (a) The home address, home or cellular telephone numberor personal electronic mail addresscontained in the records of any public body that has received the request that is set forth in: (A) A warranty deed, deed of trust, mortgage, lien, deed of reconveyance, release, satisfaction, substitution of trustee, easement, dog license, marriage license or military dischargerecord that is in the possession of the county clerk; or. #19 v. Guard Publg Co. , https://www.doj.state.or.us/oregon-department-of-justice/public-records/public-records-task-force/, Guard Publg Co. v. Lane County Sch. [389]For example, we determined that a draftreport on the costs of early shutdown of a nuclear power plant was not exempt where the final report containing essentially the same material was already public. This conclusion is supported by statutory context showing that the exceptions were enacted as a companion to the 25-year rule,[187]the fact that they were not enacted as part of the single exemption statute that existed at the time, and the fact that they generally mirror or are a subset of previously existing exemptions. [91]39 Op Atty Gen 721, 72125, 1979 WL 35665 (1979). [291]Cf. Local Government Audit Report Search; Pay Filing Fees Find Your Government for Payment Search by Customer Number. As used in this paragraph, financial statement means a financial statement of a nonregulated corporation having an affiliated interest, as defined inORS759.390 , with a telecommunications carrier, as defined inORS 133.721 . However, a person may not seek to enforce the Public Records Law with respect to legislative records during the period the legislature is in session and the 15 days immediately preceding the start of the session. As required by the Single Audit Act, we issued a report dated January 25, 2022, on the State of Oregon's financial statements. The following records, communications and information obtained by the Housing and Community Services Department in connection with the departments monitoring or administration of financial assistance or of housing or other developments: (a) Personal and corporate financial statements and information, including tax returns. For example, records obtained by a public body from private partiesin the course of fulfilling its statutory duties are public records if owned, used, or retained by the public body. [225]Id. HB2110 proposes to increase these thresholds from $150,000 and $500,000 to $250,000 and $1,000,000. [480]Public Records Order, Jan 26, 1993,Patten , at 4. [297]To qualify for this immunity, the disclosure must be made pursuant to an order issued under the Public Records Law or on the advice of an attorney authorized to advise the public body. Cf. Reports In-Lieuof audit: if expenditures do not exceed $150,000. [50]ORS 192.314(2). This provision exempts from disclosure various personal contact information and other personal information about a public employee or volunteer, as long as that information is contained in the public employers personnelrecords. [513], We have determined that the following PERS information is not exempt: the fact that a person is a PERS member;[514]the date a person became a member;[515]retiree names, employers at the time of retirement, years of service, and job classification;[516]a retirees current monthly benefit,[517]the PERS plan under which the retiree retired;[518]which of the three available formulas was used to compute each retirees benefit;[519]the amount of accrued sick leave and vacation leave used to determine each retirees benefits;[520]and whether a retiree obtained health benefits through PERS.[521]. For example, the requester may be able to articulate ways in which the disclosure would serve the public interest. (continue. (b) Images of a dead body, or parts of a dead body, that are part of a law enforcement agency investigation, if public disclosure would create an unreasonable invasion of privacy of the family of the deceased person, unless the public interest by clear and convincing evidence requires disclosure in the particular instance. The obligation to separate exempt and nonexempt information applies regardless of whether the requester expressly invokes it. But records that would not be necessary for any of those purposesand that therefore would not be subject to retention requirementsmay still be subject to public disclosure if they are requested while they still exist.[143]. Now, creating a Oregon Report In Lieu Of Audit Fillable Form takes at most 5 minutes. [268]Kotulski v. Mt. The dispute resolution period may be extended if the requester, public body, and Advocate all agree. Relevant facts to obtain from the entity asserting a trade secret often include internal steps the entity takes to keep the information secret; to the extent the information is by necessity shared with or known by outside parties, the steps taken to ensure that these parties keep the information secret; how the information would be economically valuable to a competitor or could be used to economically harm the entity; and the time, effort, and expense needed to compile the information. Municipalities with total annual expenditures of $150,000 or less may submit reports in lieu of audit where they self-report expenditures on forms prescribed by the Secretary of State. The petition process also gives the requester the opportunity to provide the Attorney General with additional information. [525], The intent of this exemption is to shield such information from professional bounty hunters (persons who, for a commission, help owners recover unclaimed property) while the department attempts to find the owners.[526]. [157]ACLU of Or., Inc. v. City of Eugene , 360 Or 269, 280 (2016). [27], Despite this broad definition, not all public records are available for inspection through Public Records Law. The following records, communications and information submitted to a housing authority as defined inORS 456.005 , or to an urban renewal agency as defined inORS 457.010 , by applicants for and recipients of loans, grants and tax credits: (a) Personal and corporate financial statements and information, including tax returns; (c) Project appraisals, excluding appraisals obtained in the course of transactions involving an interest in real estate that is acquired, leased, rented, exchanged, transferred or otherwise disposed of as part of the project, but only after the transactions have closed and are concluded; (e) Articles of incorporation, partnership agreements and operating agreements; (h) Project cost certifications and cost data; (j) Project tenant correspondence requested to be confidential; (k) Tenant files relating to certification; and, This exemption applies to certain records submitted to local housing authorities and urban renewal agencies by individuals or businesses applying for or receiving certain funding related to affordable, government-subsidized housing or urban renewal projects. However, because the UTSA evinces a legislative policy in favor of protecting legitimate trade secrets, it is appropriate to give heightened scrutiny to contentions that the public interest requires the disclosure of a trade secret. [140]ORS 192.108. [257], Any action for injunctive or declaratory relief following an order of the Attorney General must be filed in the Marion County Circuit Court. (d) When a worker or the workers representative requests review of the workers claim record. Follow the simple instructions below: The preparing of lawful papers can be costly and time-consuming. This exemption applies to certain contact and other personal information of the parties and children involved in a judicial judgmentor order establishing paternity or child support, as long as the Chief Justice designates the information as confidential by rule. While the attorney-client privilegerecognized by ORS 40.225is also incorporated as an exemption, its scope is narrowed in certain circumstances that are discussed below. [27]ORS 192.311(5)(a). That is, the Attorney General will either order the state agency to disclose the records at issue (or parts of them) or conclude that the records are exempt from disclosure. If an individual demonstrates to a public body that disclosing the individuals home address, personal telephone number, or personal e-mail addresswould endanger that individuals personal safety, or the personal safety of a family member residing with the individual, then the public body may not disclose that information. [454]ORS 192.374(1)(f). (b) An investment in a publicly traded investment is no longer active when acquisition, exchange or liquidation of the investment has been concluded. [336]Any mediation agreement, however, is not confidential.[337]. Dist. [161]In Defense of Animals , 199 Or App at 17576 (internal citations and quotation marks omitted). [400]City of Portland v. Anderson , 163 Or App 550, 556 (1999). [468]SeeGuard Publg Co. v. Lane County Sch. [278]Lane County Sch. [192]These reports will be reviewed by the Legislative Counsel Committee and its newly established public records subcommittee. [275]If an agreement is not reached, the requester can still seek review from the Attorney General (for state agencies), district attorney (for cities), or the circuit court (for elected officials). This page intentionally left blank. No. Once a public employee identified in a public bodys publicly posted procedure receives a records request, the public body must complete its response as soon as practicable and without unreasonable delay. Dist. However, in some cases more timeeven significantly more timemay be required. [138]ORS 8.125 ,ORS 7.010 , ORS 7.120. However, a public body is not the custodian of a record that it possesses as an agent for another public body, unless the record is not otherwise available. Salem, OR 97301-4096. SeeORS192.401(1)(b) (referring to professions listed inORS 676.595 ). [205], While the petition is pending, an agency may continue to seek legal advice and assistance from its assigned attorney at the Oregon Department of Justice. Dist. [512]For example, we concluded that a retirees annual pay at the time of retirement was exempt because it qualified as financial information and was transmitted to PERS from the PERS members employer. [102]A public body may require prepayment of its estimated charges before taking further action on a request. State of Oregon: Audits - File Report in Lieu of Audit | Instructions [176]E.g., Public Records Order, Nov 17, 2014,Budnick , at 34 (ordering disclosure of portions of complaint that did not reveal the identities of the complainant or of the licensees complained about). Upon compliance with ORS 192.363, public body employee or volunteer residential addresses, residential telephone numbers, personal cellular telephone numbers, personal electronic mail addresses, driver license numbers, employer-issued identification card numbers, emergency contact information, Social Security numbers, dates of birthand other telephone numbers contained in personnel records maintained by the public body that is the employer or the recipient of volunteer services. ORS192.411(1); ORS 192.415(1). [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. Browse By State Alabama AL Alaska AK Arizona AZ Arkansas AR California CA . [300]We also noted that the information was not specific enough to identify wages paid to each individual or occupational class; that is, there was only an attenuated possibility that disclosure could actually harm the [relevant] commercial interests.[301], Absent an order compelling disclosure under the Public Records Law, a public body should not release any trade secret information without determining that the public interest requires disclosure and consulting with an attorney authorized to give it legal advice.[302]. v. De Muniz , 340 Or 423 (2006). $110,858 $104,013 $110,858. However, a requesters benevolent intent and promise not to disclose the records to anyone else do not necessarily mean that the public body must disclose the record, as the body may have little basis to evaluate the requesters intentions and no means to enforce the requesters promise.[332]. [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. [357]In Defense of Animals v. OHSU , 199 Or App 160, 17579 (2005). State agencies in the executive branch should be aware of a DAS policyon public records fees. 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. The provision also protects the publics right to know how public funds are invested by expressly stating that information regarding concluded investment transactions is not subject to the exemption. [41]And records created by and in the possession of a private contractor are public records if the public body owns the records by contract. [379]SeeCoos County , 86 Or App at 17172 & n 3(suggesting that portions of questionnaires designed to rate the effectiveness of a state act were purely factual in nature);Bay Area Health Dist. [403]Id. Oregon public bodies are not bound by FOIA timeframes or any other provisions of that federal act. [440]The public body must review such a request and notify the individual in writing whether the request is granted or denied;[441]the public body may not be held liable for its decision. [354]An example of a commodity commission is the Oregon Blueberry Commission. For example, the Oregon Court of Appeals has held that an investigation into a high-school principal and vice-principals alleged misuse and theft of school property was not exempt;[325]and that an investigation into a high-ranking police officers off-duty conduct was not exempt where the officers integrity and ability to enforce the law evenhandedly were implicated. Annual reports must be filed with the Audit Division of the Secretary of State's office within six months after the close of the municipality's fiscal year. [87]The public body must give primary consideration to the choice expressed by the individual, but is not required to provide personal devices such as prescription glasses or readers for personal use or study. [204]Morse Bros, Inc. v. ODED , 103 Or App 619, 622 (1990)(trial court should have dismissed public records suit where plaintiff filed suit before giving the Attorney General the opportunity to rule on the petition). 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.