72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3365
 
                         House Bill 3068
 
Sponsored by Representative PROZANSKI (at the request of AFSCME
  Council 75)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits public body from disclosing photograph of employee of
public body without employee's written consent. Creates exception
for public body's identification of employee.
 
                        A BILL FOR AN ACT
Relating to a public body's disclosure of a photograph of an
  employee of the public body; creating new provisions; and
  amending ORS 181.854.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Photograph' means a digital image, still photograph,
videotape, motion picture or any other visual image.
  (b) 'Public body' has the meaning given that term in ORS
174.109.
  (2) A public body may not disclose a photograph of an employee
of the public body without the written consent of the employee.
  (3) Notwithstanding subsection (2) of this section, a public
body may use a photograph to identify an employee of the public
body. + }
  SECTION 2. ORS 181.854 is amended to read:
  181.854. (1) As used in this section:
   { +  (a) 'Photograph' means a digital image, still photograph,
videotape, motion picture or any other visual image. + }
    { - (a) - }   { + (b) + } 'Public body' has the meaning given
that term in ORS   { - 192.410 - }  { +  174.109 + }.
    { - (b) - }   { + (c) + } 'Public safety employee' means a
certified reserve officer, corrections officer, parole and
probation officer, police officer or youth correction officer as
those terms are defined in ORS 181.610.
    { - (2) A public body may not disclose a photograph of a
public safety employee of the public body without the written
consent of the employee. This subsection does not apply to the
use by the public body of a photograph of a public safety
employee. - }
    { - (3) - }   { + (2) + } A public body may not disclose
information about a personnel investigation of a public safety
employee of the public body if the investigation does not result
in discipline of the employee.
    { - (4) - }   { + (3) + } Subsection   { - (3) - }
 { + (2) + } of this section does not apply:
  (a) When the public interest requires disclosure of the
information.
  (b) When the employee consents to disclosure in writing.
  (c) When disclosure is necessary for an investigation by the
public body, the Department of Public Safety Standards and
Training or a citizen review body designated by the public body.
  (d) When the public body determines that nondisclosure of the
information would adversely affect the confidence of the public
in the public body.
    { - (5) - }   { + (4) + } If an investigation of a public
safety employee of a public body results from a complaint, the
public body may disclose to the complainant the disposition of
the complaint and, to the extent the public body considers
necessary to explain the action of the public body on the
complaint, a written summary of information obtained in the
investigation.
    { - (6) - }   { + (5) + } A public body must notify a public
safety employee of the public body if the public body receives a
request for:
  (a) A photograph of the employee.
  (b) Information about the employee that is exempt from
disclosure under ORS 192.502 (2) or (3).
  (c) Information about the employee that is prohibited from
disclosure by subsection   { - (3) - }   { + (2) + } of this
section.
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