Creating and Maintaining Public Records and Responding to
Creating and Maintaining Public Records and Responding to Public Records Requests Mike Porter Partner
Now on hula. FLEXprimo The Archivist Season 1
Episode 1: “State Policy is Set” 192. 001 Policy concerning public records. (1) The Legislative Assembly finds that: (a) The records of the state and its political subdivisions are so interrelated and interdependent that the decision as to what records are retained or destroyed is a matter of statewide public policy.
Episode 2: “It’s Always Sunny in The Archives, ” or “John Gets A Tanning Gift Certificate”
Episode 3: “Need a Friend? I Can Fix That”
Episode 3: “Need a Friend? I Can Fix That”
Episode 4: While My Records Gently Weep
Episode 4: While My Records Gently Weep
Season One Recap A little dry, the Archivist came with important lessons and a baseline for compliance and about what the public ultimately expects concerning maintenance of records. Viewers come away understanding: • Every agency should have a public records officer. • Agencies should review, update, and modernize records retention policies. • Modernization includes: – Management and organization of electronic records – Litigation retention procedures – Data security
Now on hula. FLEXprimo The Archivist Season 2: Beyond Storage
Episode 1: The Transparent Man 192. 314 Right to inspect public records; notice to public body attorney. (1) Every person has a right to inspect any public record of a public body in this state, except as otherwise expressly provided by ORS 192. 338, 192. 345 and 192. 355.
Episode 1: The Transparent Man 192. 335 Immunity from liability for disclosure of public record; effect of disclosure on privilege. (1) A public body that, acting in good faith, discloses a public record in response to a request for public records is not liable for any loss or damages based on the disclosure unless the disclosure is affirmatively prohibited by state or federal law or by a court order applicable to the public body. Nothing in this subsection shall be interpreted to create liability on the part of a public body, or create a cause of action against a public body, based on the disclosure of a public record.
Episode 2: Trust the Process (with guest star Joel Embiid) Upon receipt of a written request: • A copy, or • Reasonable opportunity to inspect or copy Go Hawks ! Upon receipt of a written request under a procedure: • Within five business days, acknowledge receipt or complete • Acknowledgement must – Confirm public body is custodian; – Inform requester public body is uncertain whether custodian
Episode 4: Money • Public body may establish fees reasonably calculated to reimburse the public body for the public body's actual cost of making public records available; • May not charge more than $25 without first providing written notification of estimated amount and confirmation requester wants to move forward • Waiver requests
Episode 3: Mother May I? Conditionally exempt: (there are 40) • Pertaining to litigation • Test questions, scoring key, and other data used to administer a licensing examination, employment, academic or other examination • A personnel discipline action, or materials or documents supporting that exemption • Specific operational plans in connection with an anticipated threat to indidual public afety for deployment and use of personnel and equipment * * * when disclosure would endanger an individual's life or physical safety or jeopardize a law enforcement activity.
Episode 3: Mother May I? Plain old exempt (sort of) (there are 42) • Internal advisory communications • Personal privacy exemption • Public body employee or volunteer residential addresses, residential phone numbers, cell phone, personal email, driver license, employer issue ID numbers, emergency contact, social security numbers, dates of birth, other telephone numbers • Information submitted in confidence • Information disclosure of which is prohibited under state or federal law – The attorney exemption
Episode 4: Truth or Dare? Special Challenges • • Serial requester Employee documents The interest group: sponsored by FIRE Dealing with the DA
Episode 5: The Future
Season Two Recap • Season Two upped the ante on gripping public records issues, getting to the meat of the issues. If someone comes away from Season Two without having transparency being the default mode of thinking, subject to legitimate concerns, the developers will probably be disappointed in themselves. That said, hopefully consumers of Season Two come away feeling empowered to about how they think about managing difficult specific situations, and have some glimpse of what Season Three might have in store!
Citations Images 1. (Slide 5) Andrew Manoel, accessed via Wikimedia Commons https: //commons. wikimedia. org/wiki/File: Danny_De. Vito_2011. jpg, used with CC 2. 0 License https: //creativecommons. org/licenses/by-sa/2. 0/deed. en 2. (Slide 12 -13) MTV International, accessed via Wikimedia Commons https: //commons. wikimedia. org/wiki/File: Paul_Rudd_2018. jpg, used with CC 3. 0 License https: //creativecommons. org/licenses/by/3. 0/deed. en 3. (Slide 14) Brent Burford, accessed via Flickr: https: //www. flickr. com/photos/84613039@N 04/12921315175/, used with CC 2. 0 License https: //creativecommons. org/licenses/by/2. 0/legalcode 4. (Slide 15) AVRO, accessed via Wikimedia Commons https: //commons. wikimedia. org/wiki/ABBA#/media/File: ABBA_-_Top. Pop_1974_5. png, used with CC 3. 0 License https: //creativecommons. org/licenses/by-sa/3. 0/deed. en Sounds 1. (Slide 11) unfa, accessed via Free. Sound. org https: //freesound. org/people/unfa/sounds/245646/, used with CC 3. 0 License https: //creativecommons. org/licenses/by/3. 0/legalcode
- Slides: 21