Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 12 - PUBLIC RECORDS › Section 350-012-0008 - Public Records Exempt From Disclosure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following public records are exempt
			 from disclosure under 350-012-0001  to 350-012-0008  unless the public interest
			 requires disclosure in the particular instance:
(a) Records of the commission pertaining to
			 litigation to which the commission is a party if the complaint has been filed,
			 or if the compliant has not been filed, if the commission shows that such
			 litigation is reasonably likely to occur. This exemption does not apply to
			 litigation which has been concluded, and nothing in this paragraph shall limit
			 any right or opportunity granted by discovery or deposition statutes to a party
			 to litigation or potential litigation;
(b) Trade secrets. "Trade secrets," as used
			 in this section, may include, but are not limited to, any formula, plan,
			 pattern, process, tool, mechanism, compound, procedure, production data, or
			 compilation of information which is not patented, which is known only to
			 certain individuals within a commercial concern who are using it to fabricate,
			 produce, or compound an article of trade or service or to locate minerals or
			 other substances, having commercial value, and which gives its user an
			 opportunity to obtain a business advantage over competitors who do not know or
			 use it;
(c) Investigatory
			 information compiled for criminal law purposes, except that the record of an
			 arrest or the report of a crime shall not be confidential unless and only so
			 long as there is a clear need in a particular case to delay disclosure in the
			 course of a specific investigation. Nothing in this paragraph shall limit any
			 right constitutionally guaranteed, or granted by statute, to disclosure or
			 discovery in criminal cases. For purpose of this paragraph, the record of an
			 arrest or the report of a crime includes, but is not limited to:
(A) The arrested person's name, age,
			 residence, employment, marital status and similar biographical
			 information;
(B) The offense with
			 which the arrested person is charged;
(C) The conditions of release;
(D) The identity of and biographical
			 information concerning both complaining party and victim;
(E) The identity of the investigation and
			 arresting agency and the length of the investigation;
(F) The circumstances of arrest, including
			 time, place, resistance in apprehending fugitives from justice;
(G) Such information as may be necessary to
			 enlist public assistance in apprehending fugitives from justice.
(d) Test questions, scoring keys,
			 and other examination data used to administer a licensing examination,
			 examination for employment, or academic examination before the examination is
			 given and if the examination is to be used again;
(e) Information relating to the appraisal of
			 real estate prior to its acquisition;
(f) The names and signatures of employees who
			 sign authorization cards or petitions for the purpose of requesting
			 representation or decertification elections;
(g) Investigatory information relating to any
			 complaint filed relating to unlawful employment practices until such time as
			 the complain is resolved, or a final administrative determination is
			 made;
(h) Investigatory information
			 relating to any complaint filed relating to unfair labor practices;
(i) Information concerning the location of
			 archaeological sites or objects, except if the governing body of an Indian
			 tribe requests the information and the need for the information is related to
			 that Indian tribe's cultural or religious activities. This exemption does not
			 include information relating to a site that is all or part of an existing,
			 commonly known and publicized tourist activity or attraction; and
(j) A personnel discipline action, or
			 materials or documents supporting that action.
(k) Sensitive fish, wildlife, and plant data.
			 Sensitive fish, wildlife, and plant data may be released to the following
			 entities and their agents for fish, wildlife, plant, and land management
			 purposes, or scientific research needs: Governments agencies, public utilities,
			 and accredited colleges and universities. Sensitive fish, wildlife, and plant
			 data may be released to tribal governments. Sensitive fish, wildlife, and plant
			 data may also be released to the owner, lessee, or right-of-way or easement
			 holder of private land to which the data pertains. The release of sensitive
			 fish, wildlife, and plant data may be subject to a confidentiality agreement,
			 except upon release of sensitive fish, wildlife, and plant data to the owner,
			 lessee, or right-of-way or easement holder of private land who initially
			 provided the data. Sensitive fish, wildlife, and plant data does not include
			 data related to reports of predatory wildlife posted on the Washington
			 Department of Fish of Wildlife's internet web site. Sensitive fish, wildlife,
			 and plant data must meet at least one of the following criteria as applied by
			 the Gorge Commission:
(A) The nesting sites or
			 specific locations of endangered, threatened or sensitive species listed in the
			 Management Plan or otherwise designated by the appropriate agencies in Oregon
			 and Washington;
(B) Radio
			 frequencies used in or locational data generated by telemetry
			 studies;
(C) Other location data
			 that could compromise the viability of a specific fish, wildlife or plant
			 population and where one or more of the following criteria are met:
(i) The species has a known commercial or
			 black market value;
(ii) There is a
			 history of malicious take of that species and the species behavior or ecology
			 renders it especially vulnerable;
(iii) There is a known demand to visit, take,
			 or disturb the species; or
(iv) The
			 species has an extremely limited distribution and concentration.
(l) Records or
			 information that would reveal or otherwise identify security measures, or
			 weaknesses or potential weaknesses in security measures, taken or recommended
			 to be taken to protect:
(A) An
			 individual;
(B) Buildings or other
			 property; or
(C) Information
			 processing, communication or telecommunication systems, including the
			 information contained in the systems.