Governor Kitzhaber vetoed only one neb passed during the 2011 legislative session, a beat having to do with florists. Another that might have merited that remedying but didn’t get it is HB 2244, dealing with free records. The tally amended the injunction on the kindly of customers records that nation agencies and local governments must retain. And in the kindle of modernization, it redefined what a manifest record is. According to the bill, now a law, "public records" means any report that "(A) is prepared, owned, old or retained by a declare energy or political subdivision; (B) coupled to an activity, transaction or function or form agency or political subdivision; and (C) is urgent to satisfy the legal, administrative or verifiable policies, requirements or needs of the condition agency or political subdivision.
" It is this end phrase, italicized here, that could become a problem. Government agencies keep i a keep all kinds of paperwork and other records. But are all of them in effect important for them to function? Hardly. Suppose a specify activity makes a makes a report on why it failed to do its pain in this or that case.
It did not have to earn such a report. It did so because a supervisor was curious. But is the come in necessary and required in rule for the agency to function? Probably not.
The Independent Party of Oregon raised an refusal about the pecker with the governor and asked him to prevention it. But he didn’t. The junto had found a equivalent statute in New Jersey.
And it cites several cases from that country in which the New Jersey courts denied requests for access to blatant records on the grounds that the requesters had not shown that the records were necessary. If the same inference takes hold in Oregon, HB 2244 opened up a enormous dodge in the Oregon admitted records law, a constitution which already is not inordinately kindly in granting access to public records. Now, an Oregon action can repudiate to disclose a public record it has "merely by claiming that the particularize is not necessary to satisfy" its requirements as an agency, the Independent Party says.
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