Category Archive: #openrecords

  1. Proposed Rule Implements “Transparency by Design.”

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    Today, Secretary of State Richardson filed a proposed rule to make more accessible public information on how his agency spends money.  The financial transparency rule will disclose expenditures monthly.

    This is another step toward “transparency by design,” which refers to making public information public, without anyone needing to request public records and waste resources to respond to requests.  The public may comment on the rule, and I urge people to do so.

    Oregon adopted many changes intended to improve public records law over the past few years.  (I summarized those changes here).   They included creating a State Chief Information Officer, a Chief Data Officer, The Public Records Advisory Council, and the Public Records Advocate.  Nevertheless, public bodies and elected officials still must decide how transparent they want to be.  They can fight requests, they can keep secrets, or they can make public information publicly available.

    I congratulate the Secretary of State for “walking the walk” and moving toward more – and more timely – transparency.

    Jeff Merrick

    (c) Jeff Merrick and Merrick Law, LLC

  2. “Leaders” continue to dodge good ideas from concerned citizens.

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    On July 31, I was pleased to participate in the meeting of citizens concerned about the proposed low-barrier homeless shelter across the street from a schoolhouse on SE Foster.  Although South East Allied Communities invited public officials, no public official attended or sent a representative.

    Officials continue their approach of not wanting public input that might offer insights not raised behind closed doors by the usual suspects or at steering committee meetings of people hand-picked by officials.  Continued inbreeding only spawns more of the same policy that has caused Oregon to rank 49 of 51 (states plus District of Columbia) in sheltering homeless.

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  3. Sometimes, you have to agree with your adversary.

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    In Portland Public Schools v. Beth Slovic and Kim Sordyl, we won and submitted a petition for attorney fees.  In response, the opposing lawyer wrote to the judge:

    “Mr. Merrick stepped in due to the untimely death of Rick Van Cleave and picked up and filed the final briefing and argued the cross-motions for summary judgment in an efficient and effective manner.”

    Certainly, I cannot argue with that.  Thank you!

  4. Public Body Must Reveal Information from its Attorney’s Bill

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    Public Records Law requires public body disclosure of more detail from attorney’s billing statements, ruled the Kentucky Attorney General.

    The request came from the editor of the College Heights Herald to Western Kentucky University seeking billing and payment records between the University and a law firm. WKU produced a heavily blacked-out version of the billing statement.

    WKU argued redactions were appropriate to preserve the information protected by the attorney-client and work-product privileges.

    The attorney general’s opinion sets forth the following points:

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