[AL-Directors] New edition of Public Records and Meetings Manual

[NIELSEN Buzzy * SLO]

Hi folks,

This month, the Oregon Department of Justice (ODOJ) released a new edition of the Attorney General's Public Records and Meetings Manual<https://www.doj.state.or.us/wp-content/uploads/2024/12/2024-PRM-Manual.pdf>. The previous edition was published in 2019. More information about the manual is available on ODOJ's website<https://www.doj.state.or.us/oregon-department-of-justice/public-records/attorney-generals-public-records-and-meetings-manual/>.

The guide provides accessible information on what are considered public records and meetings, as well as expectations around handling them. Its provisions apply to all local governments in Oregon: cities, counties, special districts, public colleges/universities. Public meeting law applies to governing boards (e.g., city councils, county commissions/courts, special district boards, boards of trustees) and any committees that report directly to those governing bodies (e.g., library boards).

The contents of the manual are far too detailed to describe in this message, but it has an excellent table of contents<https://www.doj.state.or.us/wp-content/uploads/2024/12/2024-PRM-Manual.pdf#page=3> and index<https://www.doj.state.or.us/wp-content/uploads/2024/12/2024-PRM-Manual.pdf#page=406>. A few general items of note:


  *   While the manual is put together by ODOJ, the Oregon Government Ethics Commission<https://www.oregon.gov/ogec/> (OGEC) is responsible for enforcing Oregon public meetings law. OGEC has a variety of information, including access to trainings, on the Public Meetings<https://www.oregon.gov/ogec/Public-Meetings-Law/> section of their website. Meeting law enforcement is a new responsibility for OGEC, so expect to see updates to the site.

  *   Our friends at the Oregon State Archives<https://sos.oregon.gov/archives/> (OSA) propagate rules based on the Oregon Revised Statutes about what kinds of public records get kept and for how long. More information, including training and guidance, are available on the Records Management<https://sos.oregon.gov/archives/Pages/recordsmgmt.aspx> section of their website. OSA is in process of a wholesale update to the records retention schedules<https://sos.oregon.gov/archives/Pages/recordsmgmt.aspx> for all types of state and local governments. The updates for some government types are anticipated to be released by the end of June. Here are direct links to the current retention schedules for your government types. Library-specific records (e.g., circulation, collection, etc.) are often in their own section of the schedules. Some of the library verbiage is outdated (e.g., "shelf lists") and is being fixed in the updates.

     *   Cities<https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=590>

     *   Counties and Special Districts<https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=589>

     *   Schools, School Districts, and ESDs<https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=600>

     *   Community Colleges<https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=612>

     *   Public universities maintain their own records retention schedules. Please check their individual websites for details.

  *   The Meetings and Deliberations Subject to the Law<https://www.doj.state.or.us/wp-content/uploads/2024/12/2024-PRM-Manual.pdf#2024%20Public%20Records%20and%20Meetings%20Manual%20-%20R5-D.indd%3A.98692%3A5942> section of the manual has important updates and clarifications on issues that arose since 2019. For instance, additional guidance is available on social gatherings/retreats, electronic meetings/communications, and serial communications (i.e., public body email discussions/threads).

  *   Certain types of library (academic, public, school, etc.) records held by a public body in Oregon are exempt from public disclosure<https://www.doj.state.or.us/wp-content/uploads/2024/12/2024-PRM-Manual.pdf> in most situations. In 1995, after the Legislature exempted library records, ODOJ provided the State Library a letter of advice<https://digitalcollections.library.oregon.gov/nodes/view/174091> answering some questions about the exemption.

  *   If your library is operated by a nonprofit corporation (you know who you are), you may still be subject to some of these provisions. See the Private Bodies<https://www.doj.state.or.us/wp-content/uploads/2024/12/2024-PRM-Manual.pdf#page=21> section of the manual for some analysis. You may want to consult your organization and/or contracting government's legal counsel should you have questions.

I think that's it for now! I hope that you find the updated manual useful. I feel like I was consulting it every week when I was a public library director! If there are any (non-legal) questions I can answer, please don't hesitate to reach out.

Cheers!

Buzzy Nielsen, MPP, MSI (he/him/his)
Program Manager for Library Support and Tribal Liaison
State Library of Oregon
buzzy.nielsen at slo.oregon.gov<mailto:buzzy.nielsen at slo.oregon.gov> | 971-375-3486 (text ok)
www.oregon.gov/library/libraries<https://www.oregon.gov/library/libraries>

[Logo for the Library Support & Development Services division at the State Library of Oregon]<http://www.oregon.gov/library/libraries>


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