2015 ORS 192.410¹
Definitions for ORS 192.410 to 192.505

As used in ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated):

(1) Custodian means:

(a) The person described in ORS 7.110 (Custody of records and files) for purposes of court records; or

(b) A public body mandated, directly or indirectly, to create, maintain, care for or control a public record. Custodian does not include a public body that has custody of a public record as an agent of another public body that is the custodian unless the public record is not otherwise available.

(2) Person includes any natural person, corporation, partnership, firm, association or member or committee of the Legislative Assembly.

(3) Public body includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state.

(4)(a) Public record includes any writing that contains information relating to the conduct of the publics business, including but not limited to court records, mortgages, and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics.

(b) Public record does not include any writing that does not relate to the conduct of the publics business and that is contained on a privately owned computer.

(5) State agency means any state officer, department, board, commission or court created by the Constitution or statutes of this state but does not include the Legislative Assembly or its members, committees, officers or employees insofar as they are exempt under section 9, Article IV of the Oregon Constitution.

(6) Writing means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings. [1973 c.794 §2; 1989 c.377 §1; 1993 c.787 §4; 2001 c.237 §1; 2005 c.659 §4]

Notes of Decisions

Oregon State Bar is state agency for purpose of Public Records Act and must submit challenged records to Attorney General for review and determina­tion. State ex rel Frohnmayer v. Oregon State Bar, 91 Or App 690, 756 P2d 689 (1988), affd 307 Or 304, 767 P2d 893 (1989)

Oregon State Bar is state agency under ORS 192.410 (Definitions for ORS 192.410 to 192.505) (2) and Attorney General is thus proper per­son to receive and review peti­tions for produc­tion of bars records. State ex rel Frohnmayer v. Oregon State Bar, 307 Or 304, 767 P2d 893 (1989)

Where public bodys only basis for claiming records are exempt from disclosure as confidential is contract whereby it agreed to keep them confidential, it did not make other re­quired showings under ORS 192.502 (Other public records exempt from disclosure) for excep­tion. AA Ambulance Co., Inc. v. Multnomah County, 102 Or App 398, 794 P2d 813 (1990)

Factors relevant to whether entity is public body are origin, nature of func­tion, scope of authority, nature and level of govern­ment financing, nature and scope of govern­ment control and status of entity of­fi­cers and employees. Marks v. McKenzie High School Fact-Finding Team, 319 Or 451, 878 P2d 417 (1994)

Whether entity is govern­ment agency or depart­ment is governed by same factors used to identify public bodies. Laine v. City of Rockaway Beach, 134 Or App 655, 896 P2d 1219 (1995)

Atty. Gen. Opinions

Informa­tion concerning allega­tions of unfair labor practices of public record, (1976) Vol 38, p 467

Notes of Decisions

Failure of legislature to include reference to courts and court records such as those particularly named in ORS 192.005 (Definitions for ORS 192.005 to 192.170) tells against applica­tion of these sec­tions to courts. State ex rel KOIN-TV v. Olsen, 300 Or 392, 711 P2d 966 (1985)

School districts blanket policy exempting public records from disclosure without individualized showing, violates public records law and is therefore unenforceable. Guard Publishing Co. v. Lane County School Dist., 310 Or 32, 791 P2d 854 (1990)

Atty. Gen. Opinions

Financial state­ments of hospitals as public records, (1974) Vol 36, p 893; crim­i­nal records subject to Public Records Law, (1974) Vol 37, p 126; power of county to refuse the right to copy maps, which are public records, with an individuals own equip­ment and to refuse to supply magnetic tape containing public records, (1979) Vol 39, p 721; Oregon Medical Insurance Pool is funda­mentally private-sector body, under virtually total private control, created by state to fulfill public purpose and is not state agency or public body subject to Public Records Law, (1989) Vol 46, p 155; ap­pli­ca­bil­i­ty to prison work program records, (1996) Vol 48, p 134; disclosure of per­sonal in­for­ma­­tion obtained from motor vehicle records, (1998) Vol 49, p 127

Law Review Cita­tions

53 OLR 354-363 (1974); 55 OLR 354-359 (1976); 56 OLR 387 (1977)

Chapter 192

Atty. Gen. Opinions

Attorney Generals Public Meetings and Records Manual, (1973) Vol 36, p 543; public meetings and records manual, (1976) Vol 37, p 1087; pro­hi­bi­­tion on disclosing marriage records, (1998) Vol 49, p 21

  • KVAL News, Dec 11, 2009
    “A video captured by the Taser a Eugene police of­fi­cer used to shock a Chinese student in September is a public record and not exempt from public disclosure, the district attorney ruled on Friday. ...”
  • The Oregonian / Tim Gleason, Mar 7, 2009
    “The Oregon Legislature has the opportunity to make a stand in support of the state's Public Records Law when it considers the long list of bills introduced in this session that would exempt in­for­ma­­tion from public access. ...”
  • Swider Medeiros Haver LLP Blog / Martin Medeiros, Nov 30, 2009
    “The so called Web 2.0 . . . has brought great change in our society: the disrup­tion, if not marginaliza­tion, of the tradi­tional print periodicals; a growing importance in intellectual prop­erty; and the rapid efficiency of in­for­ma­­tion flow. But, it also has complexities that must be attended to and not overlooked by its ease of use and entertaining value.”

1 Legislative Counsel Committee, CHAPTER 192—Records; Public Reports and Meetings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors192.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 192, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano192.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.