It is important to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
As a member of the public, the public records law gives the right
to inspect and copy most public records kept by state and local public
bodies, including state and local governments, school districts, special
districts and cities. A public record is any writing that contains
information relating to the conduct of the public body’s activities
that is created or retained by the public body. “Writing” is
defined broadly to mean handwriting, typewriting, printing, photographing
and every means of recording, including letters, words, pictures, sounds
and symbols, and all papers, map or other document.
Public bodies are not required to create records or to explain them;
the law requires only that they produce records in the format in which
they are retained. If data is stored and retrieved electronically,
the public body must use the same software and programs to make the
data available, when requested.
A public body must make the requested documents available for inspection
during usual business hours within a reasonable time after the request,
and body may impose reasonable restrictions to protect the integrity
of the records and to prevent interference with the regular duties
of the public body. The requestor must be provided with reasonable
facilities for inspecting the documents and making notes and, if desired,
to use the requestor’s own equipment to make copies.
If the public body makes the copies, it may charge a reasonable fee
for the actual reproduction of the documents and for the staff time
to locate, review for exempt material, organize and compile the records,
and to supervise the inspection and make the copies. The public body
may request payment in advance, but may charge a fee in excess of $25
only if the requestor is given written notice and instructs the public
body to proceed with making the records available. A public body may
waive or reduce fees if it determines that doing so is in the public
interest because making the records available primarily benefits the
general public.
Not all public records must be made available for public inspection.
For example, personal records, such as those kept in a personal or
medical file, are not subject to disclosure unless the person seeking
disclosure can show that public disclosure would not invade the privacy
of the subject of the record. Usually, records of criminal investigations
need not be made public until the investigation is closed. This means
that police departments and sheriff offices will often refuse a request
for records if a criminal case is still current. Other exceptions to
the requirement for public access include records that concern lawsuits
in which the public body is a party, trade secrets, and certain business
records of a private company that are submitted to a public body.
Information that a private citizen gives to a public body confidentially
and that the agency has agreed to keep confidential will not be generally
disclosed. Confidences and opinions between members of the same public
body, or between public bodies, to the extent they are advisory in
nature and are preliminary to any final decision, are not required
to be disclosed. This is not a complete list of all the exceptions
from disclosure, but if you ask for access to a public record, and
it is not provided because it is claimed to be confidential, ask for
the exception that covers your request.
If you are denied access to a public record, you may petition the attorney
general of the state of Oregon if it is a state record, or the district
attorney of your county if it is a local government record. The attorney
general or district attorney has seven days to review your petition
and to grant or deny it. If your petition is granted, the public body
must produce the record in seven days. If your petition is denied,
you may ask for a review of this decision in the courts. If the record
you seek is in the hands of an elected official, you must go to court,
not to the attorney general or the district attorney, to petition for
disclosure.
Remember, the general rule in Oregon is full disclosure to the public
except in specific cases. You have a right to know what the government
is doing. All you need to do is ask.
Updated June 2008