| INTRODUCTION |
| PREFACE |
| RENUMBERING OF PUBLIC RECORDS LAW |
| I. PUBLIC RECORDS |
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A. WHO HAS THE RIGHT TO INSPECT PUBLIC RECORDS? |
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B. WHO IS SUBJECT TO THE PUBLIC RECORDS LAW? |
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1. Public Bodies |
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2. Private Bodies |
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C. WHAT RECORDS ARE COVERED BY THE LAW? |
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1. Writing |
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2. Prepared, Owned, Used, or Retained |
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D. HOW CAN A PERSON INSPECT OR OBTAIN PUBLIC RECORDS? |
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1. Making a Request |
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2. Records Custodian |
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3. Acknowledging a Request |
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4. Completing the Response to a Request |
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a. The 15 Business-Day Deadline |
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b. Exceptions to the Deadlines |
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c. Failing to Complete a Timely Response |
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5. Inspecting Records versus Obtaining Copies |
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a. Inspecting Records |
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b. Copying Records |
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6. Protective Rules |
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7. Fees |
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a. Fee Schedules |
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b. Waiving or Reducing Fees |
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(1) Public Interest Test |
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(2) Decision on Fee Waiver or Reduction |
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8. Consulting with Legal Counsel |
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9. Retaining and Destroying Public Records |
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10. Oregon Transparency Website |
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E. HOW DOES A PUBLIC BODY DETERMINE IF RECORDS ARE EXEMPT FROM DISCLOSURE? |
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1. The Nature of the Exemptions |
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2. Conditional and Unconditional Exemptions from Disclosure. |
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3. The Public Interest in Disclosure |
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4. Separating Exempt and Nonexempt Material |
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5. Waiving an Exemption |
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6. Records More than 25 Years Old |
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7. The Federal Freedom of Information Act (FOIA) |
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8. Finding Exemptions |
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9. Sunshine Committee |
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F. WHERE AND HOW DOES A PERSON PROCEED IF ACCESS IS REFUSED? |
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1. Petitions to the Attorney General |
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a. Role of the Attorney General |
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b. General Procedures |
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c. Health Professional Regulatory Boards and Health Licensing Office |
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2. Petitions to the District Attorney |
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3. Elected Officials |
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4. Court Proceedings |
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5. Public Records Advocate |
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G. WHAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE? |
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a. The Conditional Exemptions of ORS 192.345 |
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(1) Public Records Pertaining to Litigation |
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(2) Trade Secrets |
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(3) Criminal Investigations |
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(4) Tests and Examinations |
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(5) Business Records Required to be Submitted |
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(6) Real Estate Appraisals |
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(7) Employee Representation Cards |
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(8) Civil Rights Investigations |
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(9) Unfair Labor Practice Investigations |
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(10) Debt Consolidator Investigations |
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(11) Archaeological Site Information |
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(12) Personnel Discipline Actions |
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(13) Information about Threatened or Endangered Species |
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(14) Faculty Research |
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(15) Computer Programs for the Use of Public Bodies |
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(16) Agricultural Producer Indebtedness Mediation Data |
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(17) Unsafe Workplace Investigation Materials |
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(18) Public Safety Plans |
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(19) Telecommunications Utility Audits |
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(20) Voter’s Home Address |
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(21) Housing Authority and Urban Renewal Agency Records |
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(22) Interference with Property or Services |
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(23) Security Measures |
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(24) OHSU and Public University Donation Records |
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(25) Public University Donation Records |
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(26) Commodity Commission Filers |
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(27) Financial Transfer Records |
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(28) Social Security Numbers in Divorce Cases |
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(29) University Student E-mail Addresses |
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(30) OHSU Medical Researcher Records |
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(31) Personal Information of Public Safety Officers Appearing in Certain Records |
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(32) Personal Information of Certain Government Attorneys |
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(33) Land Management Plans |
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(34) SAIF Corporation Business Records |
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(35) Public Safety Officer Investigations |
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(36) Medical Examiner Records |
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(37) Ongoing Audits of Public Bodies |
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(38) Electronic Fare Information |
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(39) Personal Information of Civil Code Enforcement Officers in Certain Records |
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(40) Body Camera Footage |
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b. The Exemptions of ORS 192.355 |
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(1) Internal Advisory Communications |
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(a) Types of Records |
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(b) Balancing Disclosure and Nondisclosure |
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(2) Personal Privacy Exemption |
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(a) Personal Information |
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(b) Unreasonable Invasion of Privacy |
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(c) Balancing Disclosure and Nondisclosure |
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(d) Applying the Exemption |
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(e) Related Exemptions |
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i. The Personal Safety Exemption |
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ii. Concealed Handgun Licenses |
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(3) Public Employee Personal Information |
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(a) Public Employee Photo ID |
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(4) Confidential Submissions |
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(a) Generally |
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(b) Personal Contact Information |
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(5) Corrections and Parole Board Records |
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(6) Lending Institution Records |
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(7) Presentence and Probation Reports |
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(8) Federal Law Exemption |
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(9) Other Oregon Statutes Establishing Specific Exemptions |
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(a) In General |
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(b) Attorney-Client Privilege |
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(10) Transferred Records |
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(11) Security Programs for Transporting Radioactive Material |
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(12) PERS Nonfinancial Information about Members |
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(13) Records Relating to the State Treasurer or OIC Publicly Traded Investments |
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(14) Records Relating to the State Treasurer or OIC Investment in Private Fund or Asset |
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(15) Public Employees Retirement Fund and Industrial Accident Fund Monthly Reports |
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(16) Unclaimed Property Reports |
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(17) Economic Development Information |
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(18) Transient Lodging Tax Records |
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(19) Information for Obtaining Court-Appointed Counsel |
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(20) Workers’ Compensation Claim Records |
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(21) OHSU Sensitive Business Records |
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(22) OHSU Candidates for University President |
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(23) Library Records |
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(24) Housing and Community Services Department Records |
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(25) Forestland Geographic Information System |
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(26) Public Sale or Purchase of Electric Power |
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(27) Klamath Cogeneration Project |
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(28) Public Utility Customer Information |
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(29) Alternative Transportation Addresses |
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(30) Oregon Corrections Enterprises |
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(31) Confidential Submissions to DCBS |
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(32) County Elections Security Plans |
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(33) Security Programs |
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(34) Personal Information in Paternity or Child Support Judgments or Orders |
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(35) SAIF Corporation Employer Account Records |
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(36) SAIF Corporation Claimant Records |
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(37) Military Discharge Records |
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(38) Domestic Violence Service or Resource Center Records |
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(39) Prescription Drug Monitoring Records |
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(40) E-mail Addresses |
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(41) Personal Information of DPSST Licensees |
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(42) Veterans’ Personal Information |
| APPENDIX A – FREQUENTLY ASKED QUESTIONS |
| APPENDIX B – SAMPLES, FORMS |
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SAMPLE REQUEST FOR DISCLOSURE OF PUBLIC RECORDS |
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SAMPLE WRITTEN PROCEDURE FOR PUBLIC RECORDS REQUEST |
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SAMPLE RESPONSE ACKNOWLEDGING PUBLIC RECORDS REQUEST |
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SAMPLE RESPONSE COMPLETING PUBLIC RECORDS REQUEST |
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CERTIFICATION OF TRUE COPY (PAPER RECORDS) |
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CERTIFICATION OF TRUE COPY (ELECTRONIC RECORDS) |
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PETITION FOR ATTORNEY GENERAL’S OR DISTRICT ATTORNEY’S REVIEW |
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HELPFUL HINTS FOR RESPONDING TO PUBLIC RECORDS REQUESTS |
| APPENDIX C – SUMMARIES OF OREGON APPELLATE COURT DECISIONS |
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1961–1980 |
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1981–1990 |
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1991–2000 |
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2001–2010 |
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2012–CURRENT |
| APPENDIX D – SUMMARIES OF OREGON ATTORNEY GENERAL OPINIONS |
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1976–1980 |
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1981–1990 |
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1991–CURRENT |
| APPENDIX E – SUMMARIES OF SELECTED PUBLIC RECORDS ORDERS ISSUED BY THE OREGON ATTORNEY GENERAL |
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1981–1985 |
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1986–1990 |
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1991–1995 |
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1996–2000 |
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2001–2005 |
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2006–2010 |
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2012–CURRENT |
| APPENDIX F – STATUTES AFFECTING DISCLOSURE |
| APPENDIX G – ATTORNEY GENERAL’S UNIFORM RULE FOR THE PERSONAL SAFETY EXEMPTION |
| APPENDIX H – OREGON REVISED STATUTES |
| II. PUBLIC MEETINGS |
| SPECIAL NOTE: ROLE OF THE ATTORNEY GENERAL |
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A. POLICY OF THE PUBLIC MEETINGS LAW |
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B. BODIES SUBJECT TO THE LAW |
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1. Governing Bodies of Public Bodies |
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a. Authority to Make Decisions for a Public Body |
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b. Authority to Make Recommendations to a Public Body |
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2. Private Bodies |
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3. Federal and Multi-Jurisdictional Bodies |
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C. MEETINGS AND DELIBERATIONS SUBJECT TO THE LAW |
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1. Public Meetings |
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a. Quorum Requirements |
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b. Subject of Meetings and Social Gatherings |
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c. Serial Communications |
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d. Electronic Communications |
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2. Statutorily Exempt Public Meetings |
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D. REQUIREMENTS OF THE LAW |
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1. Notice |
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a. Contents of Notice |
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b. Methods of Notice |
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2. Space and Location |
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a. Geographic Location |
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b. Nondiscriminatory Site |
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3. Accessibility to Persons with Disabilities |
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4. Public Attendance |
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5. Control of Meetings |
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6. Voting |
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7. Minutes and Recordkeeping |
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a. Public Availability of Minutes |
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b. Retaining Minutes |
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E. EXECUTIVE (CLOSED) SESSIONS |
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1. Permissible Purposes of Executive Sessions |
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a. Employment of Public Officers, Employees, and Agents |
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b. Discipline of Public Officers and Employees |
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c. Public Hospital Medical Staff |
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d. Labor Negotiator Consultations |
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e. Real Property Transactions |
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f. Exempt Public Records |
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g. Trade Negotiations |
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h. Legal Counsel |
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i. Performance Evaluations of Public Officers and Employees |
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j. Public Investments |
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k. School Safety Threats |
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L. Health Professional Licensee Investigation |
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m. Landscape Architect Registrant Investigation |
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n. Security Programs |
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o. Labor Negotiations |
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q. Other Executive Session Statutes |
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2. Final Decision Prohibition |
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3. Method of Convening Executive Session |
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4. Media Representation at Executive Session |
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a. Who is a representative of the news media? |
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b. Re-disclosing Information |
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c. Exceptions |
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5. Other Persons Permitted to Attend Executive Sessions |
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F. ENFORCEMENT OF THE LAW |
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1. Injunctive or Declaratory Actions |
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2. Civil Penalties |
| APPENDIX I – FREQUENTLY ASKED QUESTIONS |
| APPENDIX J – SAMPLES, FORMS |
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GUIDE TO BODIES SUBJECT TO PUBLIC MEETINGS LAW |
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PUBLIC MEETINGS CHECKLIST |
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SAMPLE MEETING NOTICES |
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CHECKLIST FOR EXECUTIVE SESSION |
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SAMPLE SCRIPT TO ANNOUNCE START OF EXECUTIVE SESSION |
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SAMPLE PUBLIC MEETINGS MINUTES |
| APPENDIX K – PARLIAMENTARY PROCEDURE, QUORUMS, AND VOTING |
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A. PARLIAMENTARY PROCEDURE GENERALLY |
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B. QUORUMS AND VOTES |
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1. General Law |
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2. When Other Statute Designates Quorum |
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C. VACANCIES |
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D. ABSTENTIONS |
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E. PROXY VOTE, ABSENTEE VOTE, VOTES BY MAIL, AND SECRET BALLOTS PROHIBITED |
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F. VOTE TABLES |
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Boards and Commissions Covered by ORS 174.130 |
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Boards and Commissions Covered by Statutes Specifying Quorum Requirements |
| APPENDIX L – SUMMARIES OF OREGON APPELLATE COURT DECISIONS |
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1974–1990 |
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1991–CURRENT |
| APPENDIX M – SUMMARIES OF OREGON ATTORNEY GENERAL OPINIONS |
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1974–1980 |
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1981–1990 |
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1991–CURRENT |
| APPENDIX N – OREGON REVISED STATUTES |
