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Oregon Public Records Law for Retention and Disposition
What it Really Means
Current Public Records Laws
Oregon Public Records Laws (Access)“’Public record’ includes any writing containing 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.” – ORS 192.410 (4)
Oregon Public Records Laws (Retention)
ORS 192.005 (5) “Public record” (a) Means any information that: (A) Is prepared, owned, used or retained by a state agency or political subdivision; (B) Relates to an activity, transaction or function of a state agency or political subdivision; and (C) Is necessary to satisfy the fiscal, legal, administrative or historical policies, requirements or needs of the state agency or political subdivision.
Why the Change?
Original Law written in 1961; last amended in 1989
Always assumed that a record was something tangible or something that could be captured
Definition was confusing
Applying the old definition to newer technologies was difficult
Traditional ComputingA series of products (software, hardware, etc.) that an agency buys, configures and maintains to satisfy agency needs.
Cloud ComputingIs the delivery of computing as a service rather than a product, whereby shared resources, software, and information are provided to computers and other devices as a utility (like gas, electricity, etc.) over a network (typically the Internet).
Other Changes
SECTION 4 Each state agency or political subdivision shall maintain a public record or accurate copy of a public record in accordance with a retention schedule authorized under ORS 192.105 or section 3 of this 2011 Act, without regard to the technology or medium used to create or communicate the record.
Intent of the Changes
1. To create a definition that is clearly technology independent
2. To create a definition that is easy to understand and apply for records retention and disposition
3. To create a definition that can deal with a technology such as social media and any new technologies that are developed down the road
4. To formalize the requirement of having written policies and procedures that address use, retention and ownership of public records
Records Retention - What is it?
Records retention is the minimum and maximum length a time that a public record must be kept to satisfy administrative, legal, fiscal and historical requirements of that public record. Retention is applied to ALL public records.
A records retention schedule, approved by the State Archives, is your legal authorization to destroy public records.
Retention is determined by the content of the information and not by the medium that it is produced or transmitted in.
Retention periods can be as short as 1 day or as long as forever (permanent).
Managing Retention in our Agency
The Secretary of State Agency has decided to manage all of its public records - for retention and disposition - in an electronic records management system called TRIM.
Both permanent and non-permanent records will go into TRIM,
Deciding what is a Public Record
Is the information prepared, owned, used or retained by you, your division or program? Does the information relate to an activity, transaction or function performed by you, your division or program; and
Is the information necessary to satisfy the fiscal, legal, administrative or historical policies, requirements or needs of your division or program?
If you answer yes to all three of these questions, then you have a public record.
Public Records are…
Contracts, purchasing records,Uncollected Fees Records Payroll and Personnel records, calendars
Assumed Business Names, Notary Public Registrations, Oregon Business Guide Publications
Municipal Audit Reports, Audit Work Papers, Government Waste Hotline Log Records
Speeches, Press Releases, Oaths of Office
Voter Registrations, Campaign and Expenditure Statements, Election Recount Records, Voters Pamphlet
Infrastructure Research Project Records, Completed Systems Project Records,Information Systems Policy Committee Records
Oregon Blue Book, Administrative Rules Subscription Records, Records Retention Schedules, Records Center Records Requests, Patron Registration Records
E-mail messages fitting the definition of a public record
Public Records Examples
Public Records Examples
Public Records Examples
Public Records Examples
Public Records Examples
Public Records Examples
Duplicates Listserv Messages, Advertisements, junk mail/spam
General mailings such as Governor’s Food Drive, Charitable Fund Drive, timesheets ready to approve messages, etc.
Reference material such as articles, magazines and books
Voice mail
Public Records are not…
Non Public Records
Non Public Records
Non Public Records
Non Public Records
Drafts Project Team Records – who is responsible?
Notifications
Message strings
Social Media Postings
Public Records – “The Gray Area”
Public Records – “The Gray Area”
Public Records – “The Gray Area”
Public Records – “The Gray Area”
Public Records – “The Gray Area”
Quick Test
Public Record?
Quick Test
Public Record?
Quick Test
Public Record?
Quick Test
Public Record?
For more information about Public Recordsplease contact the…
Archives Division at:
Phone: (503) 378-5196E-mail: [email protected]
Webpage: http://arcweb.sos.state.or.us
