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Re: Civilian Review June 7, 2005 Page 8 Three categories of personnel files are relevant in this context: a. A complaint that does not lead to discipline or criminal investigation becomes a public record as soon as the file is closed because it does not fall within any of the exemptions listed in ORS 192.501 or ORS 192.502. b. Files which involve a disciplinary action are potentially subject to the conditional exemption for disciplinary records, which would include investigations and Internal Affairs files, unless the public interest requires disclosure. ORS 192.501 (12). c. Complaints that result in criminal review are exempt from disclosure until the criminal review is completed and the case is closed. ORS 192.501(3). Although disclosure of an otherwise-exempt public record is not illegal, the City's current contract with the police union requires that the City assert any applicable exemptions to protect personnel records from public disclosure. (Article 37.2) Thus, implementing this model of civilian review would require negotiation with the Association. See Opinion dated March 1, 2005. 2. Open meetings issues Under Oregon law, a "governing body" means the members of any public body which consists of two or more members, with the authority to make decisions for or recommendations to a public body on policy or administration. ORS 192.610(3). If the recommendations of the CRB are made to the City Council or to the Police Commission, rather than to the Police Chief or to the City Manager, any deliberations of the review board would be subject to Oregon's public meetings law. ORS 192.630(1). Generally, unless the CRB is meeting for a social occasion or a training session, the board would be meeting "for the purpose of deciding on, or deliberating toward a decision" and would have to meet in open session. ORS 192.630(3). The board could meet in executive session under two circumstances: (1) to discuss records that fall under the public records exemptions cited above, or (2) to discuss advice from an attorney. It is likely that the CRB could meet in executive session to discuss open "community impact" investigations prior to their adjudication, because we may assert that those investigatory files remain exempt until it is determined whether or not discipline will result, and then whether the conditional exemption applies. However, any record related to investigations and discipline may be used in an arbitration or in litigation, even if the record would normally be exempt from