New Board Member Training

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Legal Matters

Public Records Requirements

Introduction

Some nonprofits are subject to varying levels of public records requirements. This lesson will outline general best practices and will speak to the different requirements for neighborhood associations and district coalitions.

General Best Practices & Considerations

  • Maintain Minutes:
    • Minutes should be kept in a secure accessible manner
    • Should be available to community members upon request
  • Functionality of Minutes:
    • Minutes are designed to be the official record of the proceedings. They summarize discussions, capture decisions, and record votes, providing a clear and concise account that is accessible to all members.
  • Minutes, to be in compliance with Oregon State Law (ORS 192.650) must include:
    • All members of the governing body present
    • All motions, proposals, resolutions, orders, ordinances, and measures proposed and their disposition
    • The results of all votes and, except for public bodies consisting of more than 25 members unless requested by a member of that body, the vote of each member by name
    • The substance of any discussion on any matter
    • A public body may charge a person a fee for the preparation of a transcript from a recording
  • Transparency and Documentation:
    • The primary purpose of keeping records of meetings, whether through minutes or recordings, is to ensure transparency, maintain a historical account, and provide all member with access to the deliberations and decisions made.
  • Draft Clear Policies:
    • Define what constitutes a record, how records should be maintained, and the process for the public to access these records.

District Coalition Public Records Requirements

  • Adherence to Law:
  • Record Accessibility:
    • Ensure all operational documents are available to the public.
    • Exclude only legally exempted records.
  • Transparency Practices:
    • Maintain clear records of all decisions and financial transactions.
    • Provide easy public access to records upon request

Neighborhood Association Public Records Requirements

  • Context:
    • NA’s generally operate as private entities; however, they interact closely with public entities and the community, which can blur the lines regarding public record responsibilities.
  • ONI Requirements:
    • Under city standards, NAs are encouraged to keep detailed records and make them available to the public to foster transparency.
  • Role of Technology:
    • Incorporating modern record-keeping and sharing technologies to ensure records are accessible and secure.
  • Multnomah Co. DA decision:
    • The DA concluded that the NA is not the functional equivalent of a pubic body and thus not subject to the same stringent public records law that applies to public bodies.
  • ONI Standards: