Legal Epidemiology

If, nevertheless, the public body objectively can show that courtroom litigation is “fairly likely to occur,” the exemption may be claimed for info gathered for that litigation, no matter whether or not an administrative proceeding also may be involved. The function of this exemption is to put governmental our bodies, as parties or potential events to litigation, on a fair footing with personal parties. Therefore, we suggest that public bodies invoke this exemption solely on the advice of authorized counsel.

While the catalog does not have legal effect, it serves as a useful information for both public bodies and records requesters in locating and understanding the exemptions relevant to a specific data request. And sure exemptions are not waived by disclosure in response to a written records request, specifically the attorney-client privilege and the other evidentiary privileges contained inORS 40.225 to 40.295 ».

Center For Public Service Legislation

This section offers info on public information exemptions found in the Public Records Law, ORS 192.311 to 192.478, together with the conditional exemptions present in ORS 192.345, the exemptions found in ORS 192.355, and the opposite miscellaneous exemptions. It does not, nonetheless, provide evaluation of the tons of of exemptions found elsewhere in Oregon legislation, or found in federal regulation. A person whose public records request has been denied by an elected official may provoke court proceedings to challenge the denial.For state elected officers, such proceedings could be instituted in Marion County Circuit Court;for native elected officials, they can be instituted in the county the place the official is situated. A public information requester contesting a state agency’s denial of a records request, aside from by an elected official, must first seek evaluation from the Attorney General,who acts in a quasi-judicial position.

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Dictionary Entries Close To Public Document

The Attorney General will consider the petition and problem an order denying or granting it, or denying it partly and granting it partly. That is, the Attorney General will either order the state agency to reveal the records at problem or conclude that the records are exempt from disclosure. If a public physique denies a requester the proper to examine a public document, the recourse available to the requester generally Travel News is dependent upon the id of the public body. The same procedures apply for denials of a request for charge waiver or reduction,or for a public physique’s failure to adjust to timing obligations; nevertheless, for brevity’s sake, we’ll refer throughout this section to denials of the proper to entry information.