THEODORE R. KULONGOSKI
ATTORNEY GENERAL
DEPARTMENT OF JUSTICE
Brent C. Whitmore, SID# 8409080
Oregon State Penitentiary
2605 State Street
Salem, OR 97310-0505
1162 Court Street NE
Justice Building
Salem, Oregon 97310
Telephone: (503) 378-4400
TDD: (503) 378-5938
August 21, 1996
RE: Petition for Public Records Order:
Joint Legislative Audit Committee, John Lattimer
Dear Mr. Whitmore:
THOMAS A. BALMER
DEPUTY ATTORNEY GENERAL
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. Your petition, which we
received on August 14, 1996, asks the Attorney General to direct John Lattimer to make
available the following records:
Sieze "fast," from the Research Foundation/lnherdance Foundation to "audit"
financial agency at 2605 State Street, Salem, Ore-97310-my mineral rights,
property ben box reservation rights to be seized estimated property value 25. 0
billion and more to help to help seize comm record room 349 State Capitol,
Salem, Oregon 97310, asset forfeiture oversight advisory comm State Capitol,
Salem, Ore 97310.
We respectfully deny your petition for the reasons stated below:
First, it does not appear that you are seeking an order from the Attorney General to have
public records in the custody of the Legislative Audit Committee available to you for inspection
and copying. Instead, it appears that you are asking the Attorney General to issue an order
requiring the Committee to take seizure action to protect certain rights you see as threatened.
The Attorney General has no authority to issue such an order.
Brent C. Whitmore
Page 2
August 21, 1996
Second, we have spoken with John Lattimer and have been informed that his agency has
no record of having received a request from you for the above records. The agency has never
denied your request because it has never reviewed your request. The Attorney General has no
authority to order disclosure unless the agency has first refused to disclose the records. See ORS
192.450. Accordingly, we deny your petition as premature.
ESH:JGR:A V :prv/JGGOE573. W51
c: John Lattimer
Legislative Fiscal
Sincerely,
~~_d~~
ELIZABETH S. HARCHENKO
Special Counsel to the
Attorney General
