2017 ORS 192.501¹
(Title not available: statute has been repealed or renumbered.)

[1987 c.373 §§23c,23d; 1987 c.764 §2 (enacted in lieu of 192.500); 1989 c.70 §1; 1989 c.171 §26; 1989 c.967 §§11,13; 1989 c.1083 §10; 1991 c.636 §§1,2; 1991 c.678 §§1,2; 1993 c.616 §§4,5; 1993 c.787 §§1,2; 1995 c.604 §§2,3; 1999 c.155 §3; 1999 c.169 §§1,2; 1999 c.234 §§1,2; 1999 c.291 §§21,22; 1999 c.380 §§1,2; 1999 c.1093 §§3,4; 2001 c.104 §66; 2001 c.621 §85; 2001 c.915 §1; 2003 c.217 §1; 2003 c.380 §2; 2003 c.524 §1; 2003 c.604 §98; 2003 c.674 §26; 2003 c.803 §12; 2003 c.807 §§2,3; 2005 c.203 §§1,2; 2005 c.232 §§33,34; 2005 c.455 §1; 2007 c.608 §6; 2007 c.687 §1; 2008 c.48 §1; 2009 c.57 §2; 2009 c.135 §1; 2009 c.222 §2; 2009 c.769 §1; 2011 c.9 §14; 2011 c.285 §1; 2011 c.637 §68; 2013 c.325 §1; 2013 c.768 §107; 2014 c.37 §§1,2; 2014 c.64 §§1,2; 2015 c.14 §2; 2015 c.313 §§1,2; 2015 c.550 §§5,6; 2015 c.767 §§56,57; renumbered 192.345 (Public records conditionally exempt from disclosure) in 2017]

See also annota­tions under ORS 721.050 in permanent edi­tion.

Notes of Decisions

Under Former Similar Statute (Ors 192.500)

Records of crim­i­nal law investiga­tions are generally available for public inspec­tion when the crim­i­nal law purpose has ended. Jensen v. Schiffman, 24 Or App 11, 544 P2d 1048 (1976)

The Public Records Law is constitu­tional. Sadler v. Ore. State Bar, 275 Or 279, 550 P2d 1218 (1976)

Bar disciplinary records are not exempt from disclosure. Sadler v. Ore. State Bar, 275 Or 279, 550 P2d 1218 (1976)

Revenue Depart­ment’s sub­poe­na of corporate records and in­for­ma­­tion concerning machinery used by taxpayer in making ce­ment pipe was properly enforced even though exemp­tion of such business records from disclosure might not be sufficient to protect taxpayer’s interest in secrecy. Eola Concrete Tile & Products Co. v. Dept. of Rev., 288 Or 241, 603 P2d 1181 (1979)

Roster of names of substitute teachers in school district was not in­for­ma­­tion “of a per­sonal nature” or in­for­ma­­tion “submitted to a public body in confidence” so as to exempt school district from disclosing it. Morrison v. School District No. 48, 53 Or App 148, 631 P2d 784 (1981), Sup Ct review denied

Names and addresses of employers against whom open unlawful employ­ment practice complaints have been filed are not exempt from public disclosure as “investigatory in­for­ma­­tion” relating to complaint. Pace Consultants v. Roberts, 297 Or 590, 687 P2d 779 (1984)

Social security numbers of govern­ment employes are not “public records or in­for­ma­­tion the disclosure of which is prohibited by federal law or regula­tions....” AFSCME v. City of Albany, 81 Or App 231, 725 P2d 381 (1986)

Any “chilling effect” that disclosure of docu­ments may have on future communica­tions within agency, because of potential embarrass­ment to agency or its employes, is not sufficient to overcome presump­tion favoring disclosure. Coos County v. Ore. Dept. of Fish and Wildlife, 86 Or App 168, 739 P2d 47 (1987), Sup Ct review denied

In General

Exemp­tion for ma­te­ri­als or docu­ments supporting per­sonnel discip­line ac­tion does not apply where investiga­tion of complaint does not result in disciplinary ac­tion. City of Portland v. Rice, 94 Or App 292, 765 P2d 228 (1988), aff’d 308 Or 118, 775 P2d 1371 (1989); City of Portland v. Anderson, 163 Or App 550, 988 P2d 402 (1999)

Where plaintiff brought civil rights ac­tion against police chief and police of­fi­cers to recover for use of excessive force during arrest and moved to compel discovery, docu­ments about psychological or psychiatric referral, evalua­tion or treat­ment of police of­fi­cers for past incidents of violence or arrest were not privileged. Mueller v. Walker, 124 FRD 654 (D. Or. 1989)

Atty. Gen. Opinions

Under Former Similar Statute (Ors 192.500)

Release of patient’s confidential case records, (1974) Vol 36, p 1080; change of names in public records, (1977) Vol 38, p 945; release of ma­te­ri­als to prisoners with respect to parole hearings, (1978) Vol 38, p 1881; Personal in­for­ma­­tion of public library records as exempt from Public Records Law, (1981) Vol 41, p 435; Routine job performance evalua­tion ma­te­ri­al concerning local school district superintendent as within per­sonal in­for­ma­­tion exemp­tion of Public Records Law, (1981) Vol 41, p 437; Executive sessions of Oregon Invest­ment Council, (1982) Vol. 42, p 392

Law Review Cita­tions

Under Former Similar Statute (Ors 192.500)

53 OLR 362, 363 (1974)

  • 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. ...”
  • PSU Daily Vanguard / Corie Charnley, May 27, 2010
    “It has been over four months since Professor John Hall publicly accused a student of being an FBI informant during an economics lecture. . . .”
  • 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 (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.