State Police

ORS 181A.674
Disclosure of information about certain public safety employees

(1)

As used in this section:

(a)

“Public body” has the meaning given that term in ORS 192.311 (Definitions for ORS 192).

(b)

“Public safety employee” means a certified reserve officer, corrections officer, parole and probation officer, police officer or youth correction officer as those terms are defined in ORS 181A.355 (Definitions for ORS 181A).

(2)

A public body may not disclose a photograph of a public safety employee of the public body without the written consent of the employee. This subsection does not apply to the use by the public body of a photograph of a public safety employee.

(3)

A public body may not disclose information about a personnel investigation of a public safety employee of the public body if the investigation does not result in discipline of the employee.

(4)

Subsection (3) of this section does not apply:

(a)

When the public interest requires disclosure of the information.

(b)

When the employee consents to disclosure in writing.

(c)

When disclosure is necessary for an investigation by the public body, the Department of Public Safety Standards and Training or a citizen review body designated by the public body.

(d)

To disclosures required under ORS 181A.667 (Review, provision and retention of personnel records).

(e)

When the public body determines that nondisclosure of the information would adversely affect the confidence of the public in the public body.

(5)

If an investigation of a public safety employee of a public body results from a complaint, the public body may disclose to the complainant the disposition of the complaint and, to the extent the public body considers necessary to explain the action of the public body on the complaint, a written summary of information obtained in the investigation.

(6)

A public body must notify a public safety employee of the public body if the public body receives a request for:

(a)

A photograph of the employee.

(b)

Information about the employee that is exempt from disclosure under ORS 192.345 (Public records conditionally exempt from disclosure) or 192.355 (Public records exempt from disclosure) (2) or (3).

(c)

Information about the employee that is prohibited from disclosure by subsection (3) of this section. [Formerly 181A.830]
Note: 181A.674 (Disclosure of information about certain public safety employees) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 181A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

In determining whether “the public interest requires disclosure,” as used in subsection (4)(a) of this section, court must determine, as matter of both law and fact, nature and significance of public’s interest in disclosure and public body’s interest in confidentiality. Court must then balance those competing interests and determine, as matter of law, which interest predominates. American Civil Liberties Union v. City of Eugene, 360 Or 269, 380 P3d 281 (2016)

Source

Last accessed
May 30, 2023

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