HomeMy WebLinkAboutRes 134 - Implement HB 2339Deschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of December 9, 2009
Please see directions for completing this document on the next page.
DATE: December 2, 2009
FROM: Laurie Craghead Legal 388 -6623
TITLE OF AGENDA ITEM:
Consideration of approval and signature of Resolution 2009 -134 Establishing Application Procedures to
Implement Oregon House Bill 2339, Oregon Session Law Chapter 769 (2009)
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
The 2009 Oregon Legislature adopted House Bill 2339, Oregon Session Law Chapter 769, that changed
ORS 192.501(32) from requiring counties to remove from the publicly accessable county assessor's
records the name of district attorneys, deputy district attorneys, and assistant attorney generals to
removing their "home addresses, home or cellular telephone number or personal electronic mail
address" from public access for all county records instead. "Home addresses, home or cellular
telephone number or personal electronic mail address" are not defined anywhere in the statutes. HB
2339 also added the state attorney general, the United States attorney for the District of Oregon,
assistant US attorneys for the District of Oregon and city and assistant city attorneys who engage in the
prosecution of criminal matters.
HB 2339 retained for public safety officers the removal of the name and not the other information from
the county assessor's records. Victims of stalking and domestic violence still have the process of gong
through the AG's office to be assigned an alternate address. Judges and others who can prove a danger
of bodily harm have a different process than the others for seeking an exemption for their information.
HB 2339 has confusing language as to exactly what is suppose to be the application process. The new
sub - section 32 (c) requires the application to file a request for the public access exemption with the
"public body." That appears to require an application with the governing body of the subject
governmental entity, but is unclear. Additionally, the section goes on to say that "unless the claim is
filed with the county clerk, the claim form shall list the public records in the possession of the public
body to which the exemption applies." That appears to give authority for the applicant file an
application with the county clerk but does not provide actual authority to do so.
Therefore, to clarify the application process and for administrative efficiency, it is best that one
application and application location be established for all applications by the persons listed in ORS
Chapter 192 entitled to protection from disclosure of personal information.
FISCAL IMPLICATIONS:
Removing from disclosure has potentially large fiscal impacts to the county as new groups are added to
the exemption list with each legislative session. This resolution, however, will reduce potential costs
by having a single location rather than several for the submission and maintenance of the applications.
RECOMMENDATION & ACTION REQUESTED:
Staff recommends approval and signature of the resolution.
ATTENDANCE: Laurie Craghead
DISTRIBUTION OF DOCUMENTS:
Copy to Laurie Craghead
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Establishing Application Procedures
to Implement Oregon House Bill 2339, Oregon
Session Law Chapter 769 (2009) and Other Non -
Disclosure Requirements in ORS Chapter 192.
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RESOLUTION NO. 2009-134
WHEREAS, in the 2009 legislative session, the Oregon Legislature adopted House Bill 2339 ( "HB
2339 "), Oregon Session Law Chapter 769 (2009), that exempts from public disclosure the "home address, home
or cellular telephone number or personal electronic mail address contained in the records of any public body"
upon request by "a district attorney, a deputy district attorney, the Attorney General or an assistant attorney
general, the United States Attorney for the District of Oregon or an assistant United States attorney for the
District of Oregon, a city attorney who engages in the prosecution of criminal matters or a deputy city attorney
who engages in the prosecution of criminal matters "; and
WHEREAS, the above described HB 2339 contains confusing language as to the application process for
the request to exempt the above information from disclosure; and
WHEREAS, ORS 192.501 and 192.502 lists other groups of people entitled to nondisclosure various
personal information in public records, each with a different process and different set of information to be
exempted; and
WHEREAS, administrative efficiency necessitates a single application form and single office for
submittal of exemption from public disclosure requests pursuant to ORS Chapter 192; and
WHEREAS, general procedures should be established for the nondisclosure application; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. Deschutes County Legal Counsel shall prepare a single application form for all persons
requesting the exemption from disclosure of personal information pursuant to ORS Chapter 192.
Section 2. All applications for nondisclosure of information pursuant to ORS Chapter 192 shall he
submitted to the Board of County Commissioners' ( "Board ") staff.
Section 3. Board staff shall provide copies of the disclosure exemption applications to the county
departments responsible for the documents listed in the applications for the exemption.
Section 4. Board staff shall maintain the original applications.
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PAGE 1 OF 2 — RESOLUTION NO. 2009-134 (12/09/09)
Section 5. All completed application forms must be accompanied by written documentation from the
applicant's current employer verifying the applicant's current employment, including employment address, in at
least one of the job classifications listed in HB 2339.
DATED this day of , 2009. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
TAMMY BANEY, Chair
DENNIS R. LUKE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
PAGE 2 OF 2 — RESOLUTION NO. 2009-134 (12/09/09)