2017 ORS 181A.830¹
Disclosure of information about certain public safety employees

(1) As used in this section:

(a) “Public body” has the meaning given that term in ORS 192.311 (Definitions for ORS 192.311 to 192.478).

(b) “Public safety employee” means a certified reserve officer, corrections officer, parole and probation officer, police officer or youth correction officer as those terms are defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.670).

(2) A public body may not disclose a photograph of a public safety employee of the public body without the written consent of the employee. This subsection does not apply to the use by the public body of a photograph of a public safety employee.

(3) A public body may not disclose information about a personnel investigation of a public safety employee of the public body if the investigation does not result in discipline of the employee.

(4) Subsection (3) of this section does not apply:

(a) When the public interest requires disclosure of the information.

(b) When the employee consents to disclosure in writing.

(c) When disclosure is necessary for an investigation by the public body, the Department of Public Safety Standards and Training or a citizen review body designated by the public body.

(d) When the public body determines that nondisclosure of the information would adversely affect the confidence of the public in the public body.

(5) If an investigation of a public safety employee of a public body results from a complaint, the public body may disclose to the complainant the disposition of the complaint and, to the extent the public body considers necessary to explain the action of the public body on the complaint, a written summary of information obtained in the investigation.

(6) A public body must notify a public safety employee of the public body if the public body receives a request for:

(a) A photograph of the employee.

(b) Information about the employee that is exempt from disclosure under ORS 192.345 (Public records conditionally exempt from disclosure) or 192.355 (Public records exempt from disclosure) (2) or (3).

(c) Information about the employee that is prohibited from disclosure by subsection (3) of this section. [Formerly 181.854]

(formerly 181.854)

Notes of Decisions

In determining whether “the public interest requires disclosure,” as used in subsec­tion (4)(a) of this sec­tion, court must determine, as matter of both law and fact, nature and significance of public’s interest in disclosure and public body’s interest in confidentiality. Court must then balance those competing interests and determine, as matter of law, which interest predominates. American Civil Liberties Union v. City of Eugene, 360 Or 269, 380 P3d 281 (2016)

1 Legislative Counsel Committee, CHAPTER 181A—State Police; Crime Reporting and Records; Public Safety Standards and Training; Private Security Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors181A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 181A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano181A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.