192.868���� Grants, donations and gifts PUBLIC RECORDS POLICY ����� 192.001 Policy concerning public records. (1) The Legislative Assembly finds that: ����� (a) The records of the state and i

192.868���� Grants, donations and gifts

PUBLIC RECORDS POLICY

����� 192.001 Policy concerning public records. (1) The Legislative Assembly finds that:

����� (a) The records of the state and its political subdivisions are so interrelated and interdependent that the decision as to what records are retained or destroyed is a matter of statewide public policy.

����� (b) The interest and concern of citizens in public records recognizes no jurisdictional boundaries and extends to such records wherever they may be found in Oregon.

����� (c) As local programs become increasingly intergovernmental, the state and its political subdivisions have a responsibility to ensure orderly retention and destruction of all public records, whether current or noncurrent, and to ensure the preservation of public records of value for legal, administrative, fiscal, tribal cultural, historical or research purposes.

����� (2) The purpose of ORS 192.005 to 192.170 and 357.805 to 357.895 is to provide direction for the retention or destruction of public records in Oregon in order to ensure the retention of records essential to meet the needs of the Legislative Assembly, the state, its political subdivisions and its citizens, insofar as the records affect the administration of government, legal rights and responsibilities, and the accumulation of information of value for research purposes of all kinds, and in order to ensure the prompt destruction of records without continuing value. All records not included in types described in this subsection shall be destroyed in accordance with rules adopted by the Secretary of State. [1973 c.439 �1; 1991 c.671 �3; 2015 c.27 �18; 2023 c.35 �1]

ARCHIVING OF PUBLIC RECORDS

����� 192.005 Definitions for ORS 192.005 to 192.170. As used in ORS 192.005 to 192.170, unless the context requires otherwise:

����� (1) �Archivist� means the State Archivist.

����� (2) �Photocopy� includes a photograph, microphotograph and any other reproduction on paper or film in any scale.

����� (3) �Photocopying� means the process of reproducing, in the form of a photocopy, a public record or writing.

����� (4) �Political subdivision� means a city, county, district or any other municipal or public corporation in this state.

����� (5) �Public record�:

����� (a) Means any information that:

����� (A) Is prepared, owned, used or retained by a state agency or political subdivision;

����� (B) Relates to an activity, transaction or function of a state agency or political subdivision; and

����� (C) Is necessary to satisfy the legal, administrative, fiscal, tribal cultural or historical policies, requirements or needs of the state agency or political subdivision.

����� (b) Does not include:

����� (A) Records of the Legislative Assembly, its committees, officers and employees.

����� (B) Library and museum materials made or acquired and preserved solely for reference or exhibition purposes.

����� (C) Records or information concerning the location of archaeological sites or objects as those terms are defined in ORS 358.905.

����� (D) Extra copies of a document, preserved only for convenience of reference.

����� (E) A stock of publications.

����� (F) Messages on voice mail.

����� (G) Records of the Judicial Department or its officers and employees.

����� (H) Spoken communication that is not recorded.

����� (6) �State agency�:

����� (a) Means any state officer, department, board or commission created by the Constitution or statutes of this state.

����� (b) Does not include:

����� (A) The Legislative Assembly or its committees, officers and employees; or

����� (B) The Judicial Department or its officers and employees. [1961 c.160 �2; 1965 c.302 �1; 1983 c.620 �11; 1989 c.16 �1; 1999 c.55 �1; 1999 c.140 �1; 2011 c.645 �1; 2023 c.35 �2]

����� 192.010 [Repealed by 1973 c.794 �34]

����� 192.015 Secretary of State as public records administrator. The Secretary of State is the public records administrator of this state, and it is the responsibility of the secretary to obtain and maintain uniformity in the application, operation and interpretation of the public records laws. [1973 c.439 �2]

����� 192.018 Written policies on use, retention and ownership of public records; State Archivist approval. (1) Each state agency shall have a written policy that sets forth the agency�s use, retention and ownership of public records. The policy shall ensure that public records are being maintained and managed consistently within the agency from the time of creation of a public record to the time of final disposition of the public record.

����� (2) Each state agency shall submit the written policy and any subsequent amendment of the policy to the State Archivist for approval before the policy takes effect or the amendment to the policy takes effect. [2011 c.645 �3]

����� 192.020 [Repealed by 1973 c.794 �34]

����� 192.030 [Amended by 1961 c.160 �4; repealed by 1973 c.794 �34]

����� 192.040 Making, filing and recording records by photocopying. A state agency or political subdivision making public records or receiving and filing or recording public records, may do such making or receiving and filing or recording by means of photocopying. Such photocopying shall, except for records which are treated as confidential pursuant to law, be made, assembled and indexed, in lieu of any other method provided by law, in such manner as the governing body of the state agency or political subdivision considers appropriate. [Amended by 1961 c.160 �5]

����� 192.050 Copying records; evidentiary effect. A state agency or political subdivision may, with the approval of the proper budgetary authority, cause any public records in its official custody to be photocopied or captured by digital imaging system, as in the case of original filings or recordings, or recorded by audio or video technology. Each photocopy, digital image, audio recording and video recording shall be made in accordance with the appropriate standard as determined by the State Archivist. Every such reproduction shall be deemed an original; and a transcript, exemplification or certified copy of any such reproduction shall be deemed a transcript, exemplification or certified copy, as the case may be, of the original. [Amended by 1961 c.160 �6; 1991 c.671 �4; 2023 c.35 �3]

����� 192.060 Indexing and filing copied records. All photocopies, digital images, audio recordings and video recordings made under ORS 192.040 and 192.050 shall be properly indexed and filed so as to facilitate access and retrieval. Each roll of microfilm shall be deemed a book or volume and shall be designated and numbered and provision shall be made for preserving, examining and using the same. [Amended by 1961 c.160 �7; 1991 c.671 �5; 2023 c.35 �4]

����� 192.070 Duplicate rolls of microfilm required; delivery to State Archivist. A duplicate of every roll of microfilm of documents recorded pursuant to law and the indexes therefor shall be made and kept safely. The State Archivist upon request may, pursuant to ORS