ORS 192.311
Definitions for ORS 192.311 to 192.478

Text
Annotations 6

As used in ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department):

(1)

“Business day” means a day other than Saturday, Sunday or a legal holiday and on which at least one paid employee of the public body that received the public records request is scheduled to and does report to work. In the case of a community college district, community college service district, public university, school district or education service district, “business day” does not include any day on which the central administration offices of the district or university are closed.

(2)

“Custodian” means:

(a)

The person described in ORS 7.110 (Custody of records and files) for purposes of court records; or

(b)

A public body mandated, directly or indirectly, to create, maintain, care for or control a public record. “Custodian” does not include a public body that has custody of a public record as an agent of another public body that is the custodian unless the public record is not otherwise available.

(3)

“Person” includes any natural person, corporation, partnership, firm, association or member or committee of the Legislative Assembly.

(4)

“Public body” includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state.

(5)

Intentionally left blank —Ed.

(a)

“Public record” includes any writing that contains information relating to the conduct of the public’s business, including but not limited to court records, mortgages, and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics.

(b)

“Public record” does not include any writing that does not relate to the conduct of the public’s business and that is contained on a privately owned computer.

(6)

“State agency” means any state officer, department, board, commission or court created by the Constitution or statutes of this state but does not include the Legislative Assembly or its members, committees, officers or employees insofar as they are exempt under section 9, Article IV of the Oregon Constitution.

(7)

“Writing” means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings. [Formerly 192.410]

Source: Section 192.311 — Definitions for ORS 192.311 to 192.478, https://www.oregonlegislature.gov/bills_laws/ors/ors192.html.

Notes of Decisions

Oregon State Bar is state agency for purpose of Public Records Act and must submit challenged records to Attorney General for review and determination. State ex rel Frohnmayer v. Oregon State Bar, 91 Or App 690, 756 P2d 689 (1988), aff’d 307 Or 304, 767 P2d 893 (1989)

Oregon State Bar is state agency under subsection (2) of this section and Attorney General is thus proper person to receive and review petitions for production of bar’s records. State ex rel Frohnmayer v. Oregon State Bar, 307 Or 304, 767 P2d 893 (1989)

Where public body’s only basis for claiming records are exempt from disclosure as confidential is contract whereby it agreed to keep them confidential, it did not make other required showings under [former] ORS 192.502 for exception. AA Ambulance Co., Inc. v. Multnomah County, 102 Or App 398, 794 P2d 813 (1990)

Factors relevant to whether entity is “public body” are origin, nature of function, scope of authority, nature and level of government financing, nature and scope of government control and status of entity officers and employees. Marks v. McKenzie High School Fact-Finding Team, 319 Or 451, 878 P2d 417 (1994)

Whether entity is government agency or department is governed by same factors used to identify public bodies. Laine v. City of Rockaway Beach, 134 Or App 655, 896 P2d 1219 (1995)

Attorney General Opinions

Information concerning allegations of unfair labor practices of public record, (1976) Vol 38, p 467

ORS 192.311 Definitions for ORS 192.311 to 192.478

(1)

(2)

(a)

(b)

(3)

(4)

(5)

(a)

(b)

(6)

(7)

Notes of Decisions

Attorney General Opinions

ORS 192.311
Definitions for ORS 192.311 to 192.478