Bialostosky v. Cummings

“‘Public body’ includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state.” ORS 192.311(4).

Cummings, city councilor, refused to provide her handwritten notes upon Bialostosky’s request because she did not believe they were “public records” under ORS 192.311(5), nor that she was considered a “public body” under ORS 192.311(4). The trial court granted her motion for partial summary judgment, concluding she was not a public body. Bialostosky assigns error to the denial of his motion for partial summary judgment and the grant of Cummings’s similar motion, arguing that Cummings is a “public agency of this state”, and therefore a “public body” under the statute. “‘Public body’ includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state.” ORS 192.311(4). The Court ruled in Bialostosky’s favor, finding that the text and context of the statute supported the conclusion that a city councilor is a public body within its meaning. The Court also determined that the legislative history indicated an intent to improve citizens’ access to public records, further supporting Bialostosky’s argument. Reversed and remanded.