Compromise

ORS 17.095
Prohibition of confidential settlements and compromises

  • exceptions

(1)

A public body, or officer, employee or agent of a public body, who is a defendant in an action under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive), or who is a defendant in an action under ORS 294.100 (Public official expending money in excess of amount or for different purpose than provided by law unlawful), may not enter into any settlement or compromise of the action if the settlement or compromise requires that the terms or conditions of the settlement or compromise be confidential.

(2)

Notwithstanding subsection (1) of this section:

(a)

A public body, or officer, employee or agent of a public body, may enter into a settlement or compromise that requires the terms or conditions to be confidential if federal law requires terms or conditions of that settlement or compromise to be confidential. Only terms and conditions that are required to be confidential under federal law may be confidential in the settlement or compromise.

(b)

A court may order that the terms or conditions of a settlement or compromise that reveal the identity of a person be confidential if:

(A)

The person whose identity is revealed is a victim of sexual abuse or is under 18 years of age; and

(B)

The court determines, by written findings, that the specific privacy interests of the person outweigh the public’s interest in the terms or conditions.

(3)

Any public body, or officer, employee or agent of a public body, who is a defendant in an action under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive), or who is a defendant in an action under ORS 294.100 (Public official expending money in excess of amount or for different purpose than provided by law unlawful), shall file with the court a full and complete disclosure of the terms and conditions of any settlement or compromise of the claims against the public body, its officers, employees or agents. The disclosure shall be filed prior to the dismissal of the action.

(4)

For the purposes of this section:

(a)

“Action” means a legal proceeding that has been commenced as provided in ORCP 3; and

(b)

“Public body” has that meaning given in ORS 30.260 (Definitions for ORS 30.260 to 30.300). [Formerly 30.402; 2005 c.352 §1]
Source

Last accessed
Jun. 26, 2021

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