Oregon Public Records Law

The Oregon Public Records Law was established on the state's policy of openness to allow members of the public to determine whether persons entrusted with the affairs of the government are honest, faithful, and competent in their duties.

Enacted in 1973, the Oregon Public Records Law is a set of laws that allows members of the public to access all government writings and records, except records exempted from public disclosure. The Oregon Public Records Law applies to all public bodies, including state officers, agencies, departments, boards, commissions, counties, cities, school districts, and other local government entities.

Where Do I Submit a Public Record Request in Oregon?

The Oregon Public Records Law mandates that all public record requests be submitted to the actual custodian of the records sought. Each government agency designates a custodian to attend to public record requests.

How Do I Request Public Records in Oregon?

To request public records in Oregon, use reliable third-party websites or follow these steps to submit a formal request to a government agency:

• Identify the agency maintaining the record and the custodian designated by the agency to receive public record requests
• Prepare the information to be included in the request. This should include your name, contact information, and specific details about the record you want
• Submit the request to the agency's public records custodian. Depending on the options available from such an agency, you may be able to submit your request online, by email, via mail, and in person.
• Pay any applicable fee
• Wait for a response

What Records are Public in Oregon?

The scope of the Oregon Public Records Law covers all government records except records that may be exempt from disclosure under some provisions of the public records law or other state or federal statutes. Frequently requested records include the following:

• Vital Records: Abstracts of vital records are publicly available while complete records may be restricted for 50 or 100 years, depending on the vital record type
• Property Records: Examples include property tax records, deeds, and mortgages
• Judicial Records: These include supreme court records, court of appeals records, circuit court records, county court records, justice court records, and municipal court records.
• Law Enforcement Records: Examples are arrest records, incident reports, and inmate records
• Government Financial Records: These include budget reports, financial audits, contract records, and procurement records.

Who Can Request Public Records in Oregon?

Any person, regardless of residency and nationality, may submit a public record request in Oregon. According to ORS 192.314(1), "any person" includes any natural person, association, firm, partnership, corporation, and any committee or member of the legislature.

What Is the Response Time for Public Records Requests in Oregon?

According to ORS 192.324, a public body is required to respond to a written public record request within five business days. ORS 192.329 further establishes that a public body must complete its response as soon as practicable, without delay. Subsection 1 of ORS 192.329 established a 15-business day deadline for completing public record requests, although the timing may be subject to certain exceptions.

What Is the Fee Charged for Providing Copies of Public Records?

The Oregon Public Records Law allows public bodies to charge a fee for copying public records. However, the fee must be reasonably calculated to reimburse the agency for the actual cost of making the records available. Per ORS 192.324(4)(c), if the fee exceeds $25, a public agency must first provide the estimate and confirm that the requester intends to proceed with the request at the stated fee.

Copying fees for standard requests on paper copies are typically charged between $0.25 and $0.50. Note that fees may be reduced or waived if the request is deemed to be in the public interest. Inspecting an Oregon public record is free.

What Records Are Exempted Under the Oregon Public Law?

Most Oregon government records are subject to disclosure; however, there are some exemptions, such as:

• Personal records such as medical records, Social Security numbers, and mental health records
• Juvenile records
• Communications between Oregon government agencies and their attorneys are protected by legal privilege.
• Records of ongoing investigations, intelligence information, or other records that may put the safety of law enforcement personnel at risk
• Emergency response plans, security procedures, and infrastructure details.
• Certain government negotiations and bids before the contract is awarded
• Any records specifically exempted by state or federal laws