Council vote clears path to unsupervised access to public records

Jun 23, 2012 15 Comments Print

At the regular June Lakeside City Council meeting, an agenda item under new business was a request by Councilor Naomi Parker, to examine City ordinances without monitoring by “a chaperone.”

Oregon law

Councilor Elaine Armstrong, pointed out that Oregon Public Records law, ORS 192.001, requires the integrity of original public records be maintained when being inspected by anyone, to ensure they are not altered, defaced, removed, or destroyed.

Councilor Armstrong, suggested to Councilor Parker, if she is uncomfortable reviewing documents in the presence of staff she could review them at home on her computer using the City’s website. Councilor Allen, before her resignation, had developed a City website where copies of all city ordinances and resolutions are available.

Oregon law: see below

Motion made

Newly appointed Councilor Stacy Dunn, made a motion to, “allow Naomi Parker or any other city official to look at the ordinances without a chaperone.”  Dunn’s motion was amended on a suggestion by Councilor Bert Guin, that a sign in sheet be utilized. The amended motion passed with Councilor Armstrong, the only dissenting vote.

Protective Rules

The Public Records Law authorizes a public body to take reasonable measures to preserve the integrity of its records and to maintain office efficiency and order: The statutory right to inspect public records encompasses a right to examine original records, and inspection of originals ordinarily should be allowed if requested. But the right to inspect does not include a right to rummage through file cabinets, file folders or electronic files,46 and a public body may adopt administrative measures to supervise original document review. The custodian of the records may adopt reasonable rules necessary for the protection of the records and to prevent interference with the regular discharge of duties of the custodian.
ORS 192.430(2). When public bodies establish protective rules to maintain the integrity of public records or to prevent interference with the duties of the records custodian, we recommend they do so with notice and opportunity for public comment. This avoids the appearance of arbitrary action. Public bodies subject to the state Administrative Procedures Act must adopt such rules in conformity with that Act. A rule designed solely to make public access to records more difficult is not valid. A rule or regulation carefully designed to prevent destruction of public records or to expedite staff identification of requested records is lawful. The statutory right to inspect public records encompasses a right to examine original records, and inspection of originals ordinarily should be allowed if requested. But the right to inspect does not include a right to rummage through file cabinets, file folders or electronic files,46 and a public body may adopt administrative measures to supervise original document review.

Related: Attorney Generals public meetings manual

City Government, Local News

15 Responses to “Council vote clears path to unsupervised access to public records”

  1. soccerfan says:

    Now it begins. Will there be any limits or rules observed and enforced by this Council?

  2. kp says:

    Citizens of Lakeside: Wake up call! This is only the beginning of the tyranny that is coming your way. Next up, entitlements.

  3. Sentinel says:

    One lone voice of intelligent debate falls on closed ears and minds. Not content with peeking over citizen’s fences and prowling the streets looking for citizens to harass with selective ordinance enforcement, councilor Parker wants to rummage through public records unobserved. If Mayor Gowan fails to protect the integrity of Lakesides public documents, that is malfeasance of office.

    Speaking of peeking what’s up with Dunn, talk about being blatant; that video should go viral on youtube. Classless new city councilor caught rubbernecking. Folks you can’t make this stuff up.

  4. owrich says:

    Elected or appointed officials must set an example of abiding by laws set in effect to protect everyone. By voting to allow ANY council person to violate state law, all council members who voted in agreement are committing a crime against thier own community. The most serious crime of setting themselves above the laws by which they expect others to abide.

    Stacy Dunn clearly aligns himself with the criminal behavior of the majority of the council. Moron!

    Naomii Parker demonstrates her usual immature, temperamenatl behavior; ” If I can’t have my way, I’ll sulk and stop talking. Waaahhh!” Stacy stepped in just in time to placate her and keep her from stomping out of the meeting- another mature, tactic.

  5. SDunn says:

    ” The Public Records Law authorizes a public body to take reasonable measures to preserve the integrity of its records and to maintain office efficiency and order: The statutory right to inspect public records encompasses a right to examine original records, and inspection of originals ordinarily should be allowed if requested. “But the right to inspect does not include a right to rummage through file cabinets, file folders or electronic files,” (46 and a public body may adopt administrative measures to supervise original document review. ) The custodian of the records may adopt reasonable rules necessary for the protection of the records and to prevent interference with the regular discharge of duties of the custodian.”

    No where in this Quote does it state I was in the wrong for making my motion. It clearly states that ADOPTING ADMINISTRATIVE MEASURES TO SUPERVISE CAN BE BASICALLY PUT IN PLACE

    Secondly I was nearly looking to see what information she was presenting not violating her space but clearly trying to see where she was getting her information from. This is no different from what others have done in the past including former Councilor. Allen,Eubanks ,Swift and Armstrong. The council needs to act as a team and be on the same page this is why I was looking I didn’t know if it was something I hadn’t received or not so do not judge and accuse when you do not know the facts of what I was doing I would appreciate it.

  6. powderpuff says:

    Stacys ghost writer reappears.

    Armstrong is surrounded by mindless puppets.

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