DAVE FROHNMA YER
ATTORNEY GENEJ-\AL
STATE OF OREGIJN
Heinz Ju Sauerbrey
P.O. Box 230393
Tigard, Oregon 97223
DEPARTMENT OF JUSTICE
Justice Building
Salem, Oregon 973 10
Telephone: 15031 378-4400
June 19, 1989
Re: Petition for Public Records Disclosure Order;
Department of Insurance and Finance Records
Dear Mr. Sauerbrey:
WILLIAM F. r ~ RY
DEPIJTY ATTORNEY Gi HAL
This letter is the Attorney General's order on your petition
for disclosure of records under the Oregon Public Records Law,
ORS 192.410 to 192.505. The petition, which we received on June
12, 1989, asks the Attorney General to direct the Director of the
Department of Insurance and Finance to disclose and produce copies
of materials identified in an attached letter dated May 15, 1989,
to Mr. Theodore R. Kulongoski. The first request asks Mr.
Kulongoski to provide a certified copy of the director's oath of
office and to supply the date of the oath. The second, third,
fourth and fifth requests ask Mr. Kulongoski to identify and
provide materials he relied upon as the ''source of law" for
authority that he did not violate his oath or law in taking
certain action. For the reasons that follow, we deny the petition.
Mr. Kulongoski's oath of office is a nonexempt public
record. The Department of Insurance and Finance, however,
possesses no copy of that document and, therefore, has no duty to
obtain and disclose it. Nonetheless, we understand that, as a
courtesy, department staff will obtain a copy of that document
from the State Archives within the next several days and provide
it to you.
The second through fifth requests seek to delve into Mr.
Kulongoski's personal thought processes leading to certain agency
actions. Mr. Kulongoski, however, did not hold his current
Heinz Ju Sauerbrey
June 15, 1989
Page 2
position during the time periods in question and, therefore, took
no action in the process resulting in Proposed and Final Order No.
7414-A dated October 11, 1982, or the ruling of Referee Daughtry
on September 15, 1985. Because Mr. Kulongoski was not involved in
those matters, he cannot satisfy your requests.
In sum, we deny your petition.
PLA:DKC:ros/7030G
Sincerely,
P~~ERNETHY Special Counsel to the
Attorney General
cc: Theodore R. Kulongoski,Director
Department of Insurance and Finance
Labor and Industries Building
Salem, OR 97310
Larry D. Young, Manager
Workers' Compensation Division
Compliance Section
Department of Insurance and Finance
Labor and Industries Building
Salem, OR 97310
