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Ashland Daily Tidings (Ashland, OR — Wayback)

2006-06-28

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 - Subscribe  - Contact Us  - Rate Card  - Place an Ad Archives      Revels      Classifieds      Real Estate      Menu Guide      Wedding      Weather      Subscribe      Contact Us June 23, 2006 City must turn over watch list documents By Robert Plain Ashland Daily Tidings County District Attorney Mark Huddleston overruled the City of Ashland’s denial of a public records request made by the Daily Tidings concerning the Ashland Police Department watch sheet and documents relating to it. Effective on Thursday, the city “is ordered to make available for inspection” two e-mails and one memo from Sgt. Teresa Selby, who provided the list to the Ashland Chamber of Commerce at a meeting on April 17. There is one additional memo relating to the watch list that Huddleston did not rule on because the petitioner already had access to it. Interim Ashland Police Chief Ron Goodpaster said he would provide The Tidings with copies of the necessary public records today. The city has seven days to make the information available or appeal the matter at the state level. Prior to Huddleston’s decision, Franell said he would not appeal the decision if he was overturned. On May 30, The Tidings requested “all public documents, memos, communications and other writings relating to a ‘FF3 Watch Sheet’ created by the Ashland Police Department and dated April 16, 2006.” On June 12, the city indicated it would not comply with the request because City Attorney Mike Franell believed the requested information was exempt from public records laws because it dealt with an information relating to a criminal investigation. Such information is exempted from public records under Oregon Revised Statute 192.501 (3) However, Huddleston disagreed with Franell’s interpretation that the documents in question were protected from public scrutiny under this exemption. “It does not appear that the list was generated to aid in an ongoing investigation of a specific crime or apprehend a particular individual,” he said in a letter sent to both this newspaper and Franell. “None of the exceptions dealing with information not connected with a pending prosecution apply to the list itself. The same conclusion applies to the two- e-mails and the memo.” The ACLU letter about the watch list took issue with the fact that the city would not turn over what it believed were public records relating to the watch list. Huddleston is out of the office today and could not be reached to elaborate on his decision. Franell was not available for comment either. Oregon Public Records law (ORS 192.420) states that “‘every person’ has a right to inspect any nonexempt public record of a public body in Oregon, according to the Attorney General’s Public Records and Meeting Manual. ORS 192.410 (4) defines a public record as including, “Any writing containing information relating to the conduct of the public’s business...” . DailyTidings.com Home Page Archives | Revels | Classifieds | Real Estate Guide | Weather | Subscribe | Contact Us Copyright 2005 Ashland Daily Tidings and Ottaway Newspapers All Rights Reserved Click Here Advertisement .:Advertisements:. Site Search: RESOURCES - Mail Tribune News - ODOT Road Cams