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David R. Anderson
THE OREGONIAN
East Metro News Bureau
295 Northeast Second St.
Gresham, OR 97030
DEPARTMENT OF JUSTICE
1102 Court Strt_'l'I NF
Ju~lin· Building
S.1lt•m, On.•gon 47.lltl
'Il•lt•phllne: (501) '.'08·-J-JOO
TDDo (50J) J78-59JH
March 16, 1995
Re: Petidon for Public Records:
Oregon Teacher Standards and Pracdces Commission Records
Dear Mr. Anderson:
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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 March 9, 1995, asks the Attorney General to direct the
Oregon Teacher Standards and Practices Commission ("TSPC") to produce public
records relating to a 1991 hearing concerning a teacher, Darrel C. Dyer. For the
reasons that follow, we respectfully deny your petition.
The Public Records Law confers a right to access any public record of a public
body in Oregon, subject to certain exemptions and limitations. See ORS 192.420.
The law requires that the custodian of public records furnish proper and reasonable
opportunities for inspection and/or copying of the records in the office of the
custodian. ORS 192.430. Any person denied the right to inspect or to receive a copy
of any public record of a state agency may petition the Attorney General to review the
public record to determine if it may be withheld from public inspection. ORS
192.450(1).
Your petition states that you requested copies of the following records:
(1) Records of a 1991 hearing before the Oregon Teacher Standards and Practices
Commission concerning Darrel C. Dyer, music teacher at Centennial High School;
and (2) Any other background documents regarding that hearing. Additionally, your
David R. Anderson
Page 2
March 16, 1995
petition states that you requested these documents from Dr. David Myton, the
Executive Secretary to the Commission. However, nowhere in your petition does it
state that your request for these documents has been denied.11 Absent such a denial,
the Attorney General has no jurisdiction to order disclosure. See ORS 192.450.
Accordingly, we deny your petition seeking disclosure of public records as
premature as you have not yet been denied a right to inspect any records. See, e.g.,
Public Records Order, May 21, 1993, Durbin (petition denied as premature because it
was filed before agency denied records request).
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Attachment
Sincerely,
~A~~
ELIZABETHS.HARCHENKO
Special Counsel to the Attorney General
c: David Myton, TSPC (w/o attachment)
11 In fact, it is our understanding that TSPC has already provided some of the
requested public records to you. See letter from Dr. Myton dated March 10, 1995
(attached).
