oregon report in lieu of audit

[436]Similarly, we determined that a public employees gross salarywas not exempt because the public interest in knowing this information indicated the lack of a reasonable expectation of privacy. Instead, these activities are regulated by ORS 192.001 to 192.170. [260]SeeORS 192.427(referring to the procedures in ORS 192.411 and 192.415). The legislative history makes clear that the litigation exemption does not apply to administrative proceedings, such as contested case hearings. Local Government Audit Report Search; Pay Filing Fees Find Your Government for Payment Search by Customer Number. [148]Those two statutes also incorporate federal statutes or regulations that prohibit disclosure of records, and Oregon laws that prohibit disclosure or otherwise make records confidential. Oregon Society of Certified Public Accountants (OSCPA) We have concluded that DMVinformation about a car accident that revealed an individuals diagnosis and treatment was exempt. [57]Cf. A public body may consider the aggregate effect of numerous public records requests from the same requester in assessing its burden. [8]Apublic body is broadly defined to include, 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. As noted above, public bodies may not include charges for any additional costs incurred to provide records in an alternative format to individuals with vision or hearing impairments when required by the Americans with Disabilities Act. The statutory form of petitionis set out atAppendix B-9, and an electronic form is available at https://www.doj.state.or.us/oregon-department-of-justice/public-records/petition-for-public-records-order/. OR Report In Lieu Of Audit 2018-2023 - Fill and Sign Printable Template As used in this paragraph, financial statement means a financial statement of a nonregulated corporation having an affiliated interest, as defined inORS759.390 , with a telecommunications carrier, as defined inORS 133.721 . [159]SeeGuard Publg Co. , 310 Or at 35 n 1(requesters purpose in obtaining records was irrelevant to whether the records were exempt);Morrison v. Sch. (A) Electronic fare collection system means the software and hardware used for, associated with or relating to the collection of transit fares for a mass transit system, including but not limited to computers, radio communication systems, personal mobile devices, wearable technology, fare instruments, information technology, data storage or collection equipment, or other equipment or improvements. (E) May not result in liability for the county if the name of the public safety officer is disclosed after a request for exemption from disclosure is made under this subsection. This subsection does not apply to cost-of-service studies used in the development or review of generally applicable rate schedules. (a) Electronic mail addresses in the possession or custody of an agency or subdivision of the executive department, as defined inORS 174.112 , the legislative department, as defined in ORS174.114, a local government or local service district, as defined in ORS 174.116, or a special government body, as defined in ORS 174.117. The residence address of an elector if authorized underORS247.965 and subject to ORS 247.967. [253]A district attorney, however, will not represent a public body unless the district attorney generally serves as the attorney for that body. ); the nature of the function(s) assigned and performed by the entity (are these functions traditionally performed by government or are they commonly performed by a private entity? [109]ORS 183.310(9), 183.335, 183.355 . Public bodies typically comply with this requirement by redacting the exempt information, using either a black marker or computer software. This exemption no longer applies once the litigation has concluded, which does not occur until there is a final judgment and all appeal rights have been exhausted. [141]Special schedules are more common for state agencies than for local governments; the Archivist provides access to many state agencies special schedules athttp://sos.oregon.gov/archives/Pages/state_admin_schedules.aspx . at 444(Gillete, J., concurring) (courts holding that individuals address could be withheld was justified because public body could reasonably anticipate that, should it release the * * * information to [requester], that person would immediately and unreasonably invade the privacy of Citizen). The Secretary of Stateis the public records administrator of the state,[135]and the State Archivist possesses rulemaking authority on the retention and destructionof public records. This page intentionally left blank. This exemption permits public bodies to obtain information in confidence concerning the value of real estate that the public body may purchase. Ordinarily, disclosure of a persons nameitself will not constitute an unreasonable invasion of privacy. 90 days. The fourth condition is whether the public body obliged itself in good faith not to disclose the information. The websites focus is primarily fiscal, with information on budgets, incoming revenues, tax expenditures, direct expenditures, and public employee compensation. [476]E.g.,Gray , 139 Or App at 566(school district was not entitled to withhold employment reference forms where the requester did not seek identifying information). Oregon public bodies are not bound by FOIA timeframes or any other provisions of that federal act. [129]Public Records Order, May 26, 2016,Brosseau . [192]These reports will be reviewed by the Legislative Counsel Committee and its newly established public records subcommittee. [413]However, not all unwanted contact constitutes an unreasonable invasion of privacy. [537]Brown v. Guard Publg Co. , 267 Or App 552, 56570(2014). [525], The intent of this exemption is to shield such information from professional bounty hunters (persons who, for a commission, help owners recover unclaimed property) while the department attempts to find the owners.[526]. The seven-day deadlines are unambiguous and strictly applied. (b) Written agreements relating to the conservation of greater sage grouse entered into voluntarily by owners or occupiers of land with a soil and water conservation district underORS 568.550 . As discussed later, many state and federal laws either prohibit public bodies from disclosing certain records, or give public bodies the discretion not to disclose. Unlike the exemptions in ORS 192.345, the exemptions in ORS192.355are not dependent on whether the public interest requires disclosure in the particular instance. However, each of the exemptions in subsections (1) to (6) of ORS 192.355 expressly requires a particularized weighing of the public interest in disclosure; some of these exemptions contain balancing tests that are more pro-disclosure than the conditional exemptions of ORS 192.345. Follow the simple instructions below: The preparing of lawful papers can be costly and time-consuming. [89]28 CFR 35.164 ;Nelson v. Thornburgh , 567 F Supp 369 (ED Pa 1983),affd, 732 F2d 146 (3rd Cir 1984). [91], Some records may not be copied. [290]This often places a public body in the difficult position of carrying the burden to prove that information is exempt as a trade secret, without possessing the facts necessary to meet this burden. This provision is also intended, in part, to protect the delivery of the states public services by exempting from disclosure information that would reveal the security measures taken or recommended to be taken to protect public employees, buildings, and information processing systems. [369]E.g., Public Records Order, Aug 25, 2017,Brosseau ;seeACLU of Or., Inc. v. City of Eugene , 360 Or 269, 298 (2016)([T]he public interest * * * is particularly significant when it comes to the operation of its police departments and the review of allegations of officer misconduct.). In some cases, federal or state law may prohibit a public body from acknowledging whether responsive records exist; or acknowledging that records exist may result in the loss of federal benefits or some other sanction. The statutory right to inspect public records encompasses a right to examine original records, and inspection of originals ordinarily should be allowed if requested. [272]Both the requester and state agency must engage in the resolution process in good faith;[273]however, when a state agency requests the Advocates services, the records requester has five days to opt out by written notice. Presumably this seven-day period allows the affected employees (and representatives of the employees) to submit responses to the requesters statement on the public interest in disclosure. Oregon Administrative Rules require that ODE annually submit a report of internal audit activities. State agencies should adopt their fee schedules in compliance with the state Administrative Procedures Act. Because similar information related to thestatetransient lodging tax is already confidential under other laws,[529]we think the intent of this exemption is to apply to transient lodging taxes assessed bylocalgovernments.[530]. [118]Public bodies that believe they are so prohibited should consult with legal counsel. 1J , 152 Or App 135, 138 (1998)(turning to FOIA cases to analyze waiver of exemptions);Marks v. McKenzie High Sch. Report in Lieu of Audit Oregon Secretary of State - Audits Division Instructions: You must fill in the fields required on this page before moving to the next page. Although on its face this exemption seemingly applies to any e-mail addressin a public record, the legislative history strongly suggests that the intent was to enable public bodies to refuse requests for e-mail lists that would then be used to send unsolicited group e-mails or spam. Download In-Lieu Audit Report - Secretary of State (Oregon) form. Trade secrets, as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within an organization and which is used in a business it conducts, having actual or potential commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. When a recording described in this subsection is subject to disclosure, the following apply: (a) Recordings that have been sealed in a courts record of a court proceeding or otherwise ordered by a court not to be disclosed may not be disclosed. No. A full, searchable list is available at https://justice.oregon.gov/PublicRecordsExemptions . [86]42 USC 1213112132 ;28 CFR 35.160 . Their contact information is: Oregon Attorney General. [476], When false information is provided to a public body in bad faith, its disclosure will likely be requiredeven if the same type of information provided in good faith would be exempt. The law establishes a baseline expectation that public bodies will complete their responses no later than 15 business days after receiving the request. This exemption was created to prevent discrimination against persons previously injured on the job who have filed a workers compensation claim. [436]Public Records Order, Oct 1, 2010,Hinkle , at 67. The namesand signatures of employees who sign authorization cards or petitions for the purpose of requesting representation or decertification elections. [15]ORS 192.311(6)(defining state agency to include any court created by the Constitution or statute); ORS 192.311(5)(a) (defining public record to include court records). Fuel Purchase Records, Refunds 5 Motor Carrier Audit Offices 7 . (h) Project cost certifications and cost data. Specifically, the court has jurisdiction to enjoin the public body from withholding records and to order production of any records improperly withheld. [516]Public Records Order, Oct 1, 2010,Hinkle , at 811. No. [443]ORS 192.368(3)(a). The exemption does not apply if the requester shows by clear and convincing evidence that the public interest requires disclosure. [220]ORS 192.401(1). [372]Public Records Order, July 1, 2015,Brosseau , at 78 (also noting the public interest in compiling reliable data on homicides in Oregon). Unlike the exemption in ORS 192.345(24), information need not be held by or under the direction of university officials to qualify for this exemption. In addition, some exemptions require a public body to weigh public or private interests favoring nondisclosure against public interests favoring disclosure. [59], In certain circumstances discussed in more detail below, a public body is excused from this five business-day deadline. more than $500,000 may file a financial statement accompanied by an independent certified public accountant's review report in lieu of an independent audit . Information reported to the Oregon Health AuthorityunderORS431A.860 , except as provided in ORS 431A.860(2)(b) information disclosed by the authority under ORS 431A.865 and any information related to disclosures made by the authority under ORS 431A.865, including information identifying the recipient of the information. Before disclosing this information in response to a public records request, the video must be edited to make any faces unidentifiable. (b) The home address and home telephone number of the public safety officer contained in records of the Department of Public Safety Standards and Training. AL HB256 | 2022 | Regular Session | LegiScan It does not, however, provide analysis of the hundreds of exemptions found elsewhere in Oregon law, or found in federal law. Public bodies that are defendants in tort litigation[283]cannot enter into a confidential settlementor compromise, unless federal law requires the specific terms and conditions to remain confidential; or the court orders that the identity of a victim of sexual abuse or a minor remain confidential, after balancing the privacy interests against the publics interest in the relevant terms and conditions. [188]SeeOregonian Publg Co. v. Portland Sch. ORS 192.345(23)conditionally exempts from disclosure: Records or information that would reveal or otherwise identify security measures, or weaknesses or potential weaknesses in security measures, taken or recommended to be taken to protect: (c) Information processing, communication or telecommunication systems, including the information contained in the systems; or. [7], The Public Records Law applies to any public body in this state. Based on their context, it does not appear that these four exceptions are meant to create separate exemptions from disclosure. Once a records request is received for any information that has been labeled as trade secret, the public body should notify the entity and request factual information, and legal argument where appropriate, that supports the assertion of the trade secret exemption. ,139 Or App 556, 56768 (1996)(requester should have been awarded fees where records were not produced until 11 days after district attorneys order). The Archivist provides access to these rules athttp://sos.oregon.gov/archives/Pages/records_retention_schedule.aspx . However, it is not necessary to use any particular form, so long as the petition includes the information required by ORS 192.422(1): It is helpful if the petition also explains why the requester believes that the state agencys asserted exemptions do not apply, and attaches any relevant correspondence with the agency. Request an extension of time by completing the form below. State agencies public meetings notices are also posted to the website, as required by law.[146]. Cf. Dist. [18]Id. [217]The order granting or denying the petition is sent to the requester and to the state agency, and is also publicly posted athttp://cdm17027.contentdm.oclc.org/cdm/landingpage/collection/p17027coll2 . Information developed pursuant toORS 496.004, 496.172 and 498.026 or ORS 496.192 and564.100 , regarding the habitat, location or population of any threatened species or endangered species. PDF Oregon Audits Division and Municipal Audit Law [37]Electronic data must be provided in the form requested, if available; if the requested format is not available, then the data should be provided in the form it is maintained. Dist. [89]Before refusing a request for accommodation under the ADA, a public body that is unsure of its obligations should consult with its legal counsel. [160], The publics interest in disclosure encompasses the publics interest in information about the manner in which public business is conducted and the right of the public to monitor what * * * officials are doing on the job.[161], Determining whether the public interest requires disclosure of a particular record is a two-step process. Compliance would demonstrably impede the public bodys ability to perform other necessary services. Records of the nameand addressof a person who files a report with or pays an assessment to a commodity commissionestablished underORS 576.051 to 576.455 , the Oregon Beef Council created underORS 577.210 or the Oregon Wheat Commission created underORS 578.030 . We have concluded that courthouse video surveillance footageof a car crash was exempt where disclosure would reveal the location of the courthouses hidden security cameras and potential blind spots; in assessing the public interest in disclosure, we noted that hundreds of photographs of the incident had already been publicly disclosed.[352]. Click Done after double-examining all the data. [268]Kotulski v. Mt. , 168 Or App at 30607; Public Records Order, Apr 12, 1990,Petterson , at 2 (ordering disclosure of information that had been submitted solely with an intent to harass an individual). Id. But if there is no tax report filed for areporting period, there is no statute of limitations. State of Oregon: Audits - Frequently Asked Questions and Answers Prior to this order, we had suggested that the UTSA was an unconditional exemption; we no longer believe that prior analysis is correct. A personnel discipline action, or materials or documents supporting that action. A county clerk is required to keep a votershome addressexempt from disclosure if the voter demonstrates that the public availability of the address endangers the voters personal safetyor the safety of any family member at the same address. This exemption applies to records of personneldiscipline actions, and the personnel investigations supporting those actions. (I) The dollar amount of cash profit received from each privately placed investment fund on a fiscal year-end basis. Index of Materials The procedures for courtreview following the district attorneys order are also largely the same. [392], We have concluded that this exemption applied to the Oregon State Barscandid analysis of pending disciplinary proceedings against an attorney, noting that this internal analysis would be undermined by allowing disclosure to the accused attorney. The exemption also applies to records concerning individuals, property, and systems beyond those connected to a public body. This exemption applies to two categories of information maintained by PERS: nonfinancial membership records of employees and retirees, and employee financial records. However, in some cases more timeeven significantly more timemay be required. [120]Id. [172], In determining that the public interestrequired disclosure, the court emphasized the importance of public oversight of police officer use of force; that this was the first high-profile matter reviewed by the relatively new civilian review board; that the privacy interests of the officers were substantially diminished because their identities and alleged misconduct were already public; and that no evidence had been introduced to support the assertion that disclosure would impede the police departments ability to effectively discipline, evaluate, and train its officers. Municipalities, Chestnut Accountability Municipal Audit Clarification Act, requiring annual, biennial audit for certain municipalities, annual report in lieu of audit for certain municipalities, Sec. OAR 166-030-0045 . This exemption applies to certain contact and other personal information of the parties and children involved in a judicial judgmentor order establishing paternity or child support, as long as the Chief Justice designates the information as confidential by rule. [58]The acknowledgment must also notify the requester whether or not the public body is the custodian of the requested records, or that the public body is uncertain if it is the custodian. [205], While the petition is pending, an agency may continue to seek legal advice and assistance from its assigned attorney at the Oregon Department of Justice. ORS 192.355(10)(records that are exempt from disclosure in the originating bodys custody can under certain circumstances remain exempt when transferred to another public body). [405]Public Records Order, Nov 1, 2016,Perkowski . It is important to understand that the retentionand destruction statutes define a public record differently than the Public Records Law. [249]If the public body fails to comply with either of these seven-day deadlines, the requester may file suit,[250]in which case the public body will be liable for the requesters costs and reasonable attorney feesregardless of who prevails at circuit court. PDF Instructions: Report in Lieu of Audit PDF Recordkeeping Individual public bodies should be familiar with the laws and regulations applicable to any federal program with which they are involved. We advise state agencies to consult with counsel when presented with physically extensive or legally complex requests for disclosure of public records. The purpose of this exemption is to place governmental bodies, as parties or potential parties to litigation, on an even footing with private parties. The law presumes that the public interest favors disclosure. [67]ORS 192.329(5). The Oregon Court of Appeals has said that a public body faces a daunting burden to sustain this exemption. Ultimately, however, the decision to withhold any information must be made by the public body, which bears the burden of sustaining such an action. Records in a private entitys possession may also be subject to disclosure where a public body actually owns the records. The institutions covered by this exemption are the University of Oregon, Oregon State University, Portland State University, Oregon Institute of Technology, Western Oregon University, Southern Oregon University, Eastern Oregon University, and OHSU. Records of or submitted to the State Treasurer, the Oregon Investment Council or the agents of the treasurer or the council relating to active or proposed publicly traded investments under ORS chapter 293, including but not limited to records regarding the acquisition, exchange or liquidation of the investments. [435]Public Records Order, May 25, 1994,Laine , at 35. [3]Letter of Advice to Wanda Clinton, at 8, 1987 WL 278262 (OP-6049) (June 26, 1987)(Department of Revenue could not use Public Records Law to obtain financial data from local governments); Public Records Order, Oct 7, 2002,Snow (City of Warrenton could not use Public Records Law); Public Records Order, Apr 12, 2007,Giordano , at 5 (Arizona public body could not use Public Records Law). 4J , Kaibs Roving R.PH. For more information about document retention schedules and preservation of public records, contact the State Archivist, 800 Summer Street N.E., Salem, Oregon 97310. And the work product protection applies, with some limitations, to documents * * * prepared in anticipation of litigation or for trial.ORCP 36 B(3) . Similarly, most of the Oregon laws found outside of ORS 192.345 or 192.355 that prohibit disclosure or otherwise make records confidential are unconditional. For example, records obtained by a public body from private partiesin the course of fulfilling its statutory duties are public records if owned, used, or retained by the public body. In that context, the requesters purpose in seeking disclosure may be relevant to determining whether the public interestrequires disclosure: for example, the Court of Appeals held that the public interest did not require disclosure of the namesof OHSUemployees involved in animal testing where the requesters stated purpose of ensuring the proper treatment of animals did not depend on receiving these names. [178]We explained that where limited disclosure of a public record does not thwart the policy supporting the exemption, the public body does not thereby waive its prerogative not to disclose the record to others.[179], And certain exemptions are not waived by disclosure in response to a written records request, namely the attorney-client privilegeand the other evidentiary privileges contained inORS 40.225 to 40.295 .[180]. [19]SeeMarks , 319 Orat 46566(school board did not control or supervise team, team had no ability to make decisions for the board, and team did not receive any funds from the board). [352]Public Records Order, Oct 23, 2007,Martin . ORS192.365(2). (C) Personally identifiable information means all information relating to a person that acquires or uses a transit pass or other fare payment medium in connection with an electronic fare collection system, including but not limited to: (i) Customer account information, date of birth, telephone number, physical address, electronic mail address, credit or debit card information, bank account information, Social Securityor taxpayer identification number or other identification number, transit pass or fare payment medium balances or history, or similar personal information; or. [111]And the Attorney Generals authority to enforce the inspection provisions of the Public Records Law may require evaluation of an agencys fees where the amount of the fee in comparison to the nature of the request suggests that the true purpose of the fee is to constructivelydeny the request, rather than to recoup the agencys actual costs. Oregon Secretary of State Audits Division Report in Lieu of Audit nt blank cwy rint form Save cuganer 1620 ZIP code. Our advice to state agencies is to assert this exemption only when it appears that the purpose of the request is to acquire e-mail addresses. [473] An explicit statement that the public body will not disclose the information unless required by law is sufficient, as long as the public body acts in good faith in making the promise. Our state web-based samples and complete guidelines eradicate human-prone mistakes. ORS 676.160 . [349], We have concluded that information from railroad companies showing the past movements of hazardous materials was not exempt where no significant nonpublic information about future movements would be revealed, and where there was a public interest in being aware of the public safety risks resulting from these movements.

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