Many clerks, officials were suspicious about public records requests

By Niki Sullivan, Associated Press Writer

SALEM, Ore. (AP) — Citizens who sought public records as part of a statewide audit encountered a great deal of suspicion among clerks, sheriffs and other government officials.
	Canyon City School Superintendent Newell G. Cleaver followed one auditor out of the building, then called the police and district attorney when he left.
	Cleaver said he knew he was violating public records law when he refused to show the auditor a copy of his contract, but he felt the school's safety came before public records law.
	"I just felt that was extremely suspicious" that the auditor refused to give his name, Cleaver said.
	Cleaver said he was willing to "violate a lesser law to protect a greater law."
	Under the Oregon Public Records Law, it is not necessary to give your name if you want to examine a school superintendent's contract.
	The purpose of the audit was to learn whether average citizens are able to access documents covered by the records law. A total of 37 auditors sought five different public records in all 36 Oregon counties. Most of the audits were conducted on Jan. 19.
	A number of officials who were approached by the auditors did not seem comfortable with their requests.
	Law enforcement officials, who were asked for access to the past five drunken driving arrest records and the five most recent permits for concealed weapons, were especially wary.
	Clatsop County Sheriff Tom Bergan ran a criminal record check on one auditor.
	"We've got to be somewhat careful," Bergan told The Associated Press in a follow-up interview.
	Bergan said identity theft is rampant and he was hesitant to give out any documents containing personal information unless he had a written request with the auditor's name.
	Some government offices said they are not accustomed to dealing with public records requests.
	"It's infrequent," said Pendleton City Attorney Pete Wells.
	Public records are requested there "probably in the range of a couple a month."
	Because a city department might not get a request for months, not all employees are well versed with the Public Records Law.
	Wells said he prefers that requests are referred to him if there are any questions.
	"I hope most of our people are doing that if they have any questions at all," Wells said.
	Schools, on the other hand, don't usually have an attorney on hand for referring public records requests.
	Jeanne Holmes is human resources director for the school district in Corvallis. When she was asked for access to the superintendent's contract, she said she'd have to "double-check on whether it was a public document" and offered to fax the record if it was. After confirming that it was, Holmes faxed a copy of the record.
	Holmes said she checks with the superintendent's assistant or the Oregon School Board Association if she's unsure about public records requests.
	Local governments and schools aren't required to provide public records training to their employees, and state attorney general spokesman Kevin Neely said many public employees learn "largely by fire."
	The agencies in Oregon that do have policies for handling public records requests often require that a written request be made for almost every document.
	Hillsboro and Eugene both require virtually all public records requests to be made in writing, which they said helps them determine what information citizens want.
	"We like for people to fill out the form because it makes it clearer," said Gayle Waibel, who works for the city of Hillsboro. That way, Waibel said, they can also show the request to the city attorney if necessary.
	But the forms almost always require a name — which is technically not required under Oregon's public records laws.
	Neely said he recommends that citizens help government offices by writing down a narrow and specific request for the type of information they are looking for.
	If a record is denied, Neely said citizens should be persistent and send a petition to the district attorney or state attorney general's office.
	"The fact is, any work that we do in the public sector is public record," Neely said, adding that certain information can be exempt, but only under specific public records law statutes.
	One official who followed the law to the letter was Kathryn Greiner, city manager in Condon, a small town in Eastern Oregon's Gilliam County. She immediately handed the city budget to an auditor for review, and then walked away.
	"Holler if you need anything. If you need me to pull anything, I can," she told the auditor.