2017 ORS 192.478¹
Exemption for Judicial Department

The Judicial Department is not subject to ORS 192.464 (Facilitated dispute resolution services of Public Records Advocate) and 192.475 (Public records request training). [2017 c.728 §6]

(Temporary provisions relating to

Public Records Advisory Council)

Note: Sections 8, 9, 10, 13 and 15, chapter 728, Oregon Laws 2017, provide:

Sec. 8. Public Records Advisory Council. (1) The Public Records Advisory Council is created.

(2) The Public Records Advisory Council consists of:

(a) The Secretary of State or a designee of the Secretary of State;

(b) The Attorney General or a designee of the Attorney General;

(c) The Director of the Oregon Department of Administrative Services or a designee of the director;

(d) A representative of the news media who is a member in good standing of a professional journalism association and who is appointed by the Governor;

(e) Two additional representatives of the news media who are appointed by the Governor;

(f) A representative of the cities of this state who is appointed by the Governor;

(g) A representative of the counties of this state who is appointed by the Governor;

(h) A representative of the special districts of this state who is appointed by the Governor;

(i) A representative of the public sector workforce who is appointed by the Governor;

(j) A member of the public who is appointed by the Governor;

(k) A Senator who is appointed by the President of the Senate and who serves as an ex officio nonvoting member;

(L) A Representative who is appointed by the Speaker of the House of Representatives and who serves as an ex officio nonvoting member; and

(m) Except as provided in subsection (3) of this section, the Public Records Advocate, who shall serve as chair of the council.

(3) At any time when the office of Public Records Advocate is vacant:

(a) The Secretary of State or a designee of the Secretary of State shall serve as the acting chair of the Public Records Advisory Council;

(b) The council shall convene at the time and place designated by the acting chair but within 30 days of the vacancy of the office of Public Records Advocate;

(c) The council shall take up only the question of the nomination of three qualified individuals for the Governor to consider for appointment under section 1 of this 2017 Act [192.461 (Public Records Advocate)] as Public Records Advocate; and

(d) The individual who had vacated the office of Public Records Advocate may participate in deliberations and vote on the slate of nominees unless the individual vacated the office for reasons described in section 1 (4) of this 2017 Act.

(4) The appointment of a member of the council described in subsection (2)(d) to (j) of this section is subject to confirmation by the Senate in the manner prescribed in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation).

(5) A member of the council described in subsection (2)(d), (e) or (j) of this section is entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions).

(6) A majority of the members of the council constitutes a quorum for the transaction of business.

(7) The council shall meet at least once every six months. The council also may meet at other times and places specified by the call of the chair or of a majority of the members of the council.

(8) All public bodies, as defined in ORS 192.410 [renumbered 192.311 (Definitions for ORS 192.311 to 192.478)], shall assist the council in the performance of its duties and, to the extent permitted by laws relating to confidentiality, furnish such information, including public records, and advice as the members of the council consider necessary to perform their duties. [2017 c.728 §8]

Sec. 9. Council nominations for Public Records Advocate. Notwithstanding section 8 (3) of this 2017 Act, the acting chair of the Public Records Advisory Council as determined under section 8 (3) of this 2017 Act shall convene the council within 10 business days following the Senate confirmation of all members of the council for the purpose of nominating individuals for the Governor to consider for appointment as Public Records Advocate under section 1 of this 2017 Act [192.461 (Public Records Advocate)]. The council shall take up only the question of the nomination of qualified individuals for the office of Public Records Advocate. [2017 c.728 §9]

Sec. 10. Duties of Public Records Advisory Council; rules. (1) The Public Records Advisory Council created under section 8 of this 2017 Act shall periodically perform all of the following:

(a) Survey state agency and other public body practices and procedures for:

(A) Receiving public records requests, identifying the existence of records responsive to the requests and gathering and disclosing responsive records;

(B) Determining fee estimates and imposing or waiving fees under ORS 192.440 [renumbered 192.324 (Copies or inspection of public records)]; and

(C) Determining and applying exemptions from required disclosure of public records.

(b) Examine practices similar to those described in paragraph (a) of this subsection in other jurisdictions.

(c) Identify inefficiencies and inconsistencies in application of the public records law that impede transparency in public process and government.

(d) Make recommendations on changes in law, policy or practice that could enhance transparency in public process and government, and facilitate rapid dissemination of public records to requesters.

(e) Make recommendations on the role of the Public Records Advocate as facilitator in disputes between custodians of public records and public record requesters.

(2) No later than December 1 of each even-numbered year, the council shall submit to the Governor, and to the Legislative Assembly in the manner provided by ORS 192.245 (Form of report to legislature), a report that describes the findings of the council since the council’s last report. The report may include recommendations for legislation.

(3) The council or the Public Records Advocate may prepare reports and studies more frequently than required under subsection (2) of this section.

(4) The council may adopt rules governing the operations of the office of the Public Records Advocate, including but not limited to rules establishing procedures for the conduct of facilitated dispute resolution under section 2 of this 2017 Act [192.464 (Facilitated dispute resolution services of Public Records Advocate)]. The council shall consider efficiencies and the preference for a policy of transparency and openness in government in this state in adopting rules under this subsection. [2017 c.728 §10]

Sec. 13. Sections 8, 10 and 11 of this 2017 Act are added to and made a part of ORS chapter 192. [2017 c.728 §13]

Sec. 15. Sections 8, 9 and 10 of this 2017 Act are repealed on January 1, 2021. [2017 c.728 §15]

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 district’s 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 individual’s 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 General’s 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

1 Legislative Counsel Committee, CHAPTER 192—Records; Public Reports and Meetings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors192.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 192, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano192.­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.