Chapter 181A

 

      181A.010

(formerly 181.010)

 

ATTY. GEN. OPINIONS: Access to confidential crime records and reports by Oregon Law Enforcement Council, (1974) Vol 36, p 782; Oregon Liquor Control Commission, as a law enforcement agency, (1974) Vol 36, p 1066; fingerprinting of persons arrested for traffic infractions, (1977) Vol 38, p 960

 

      181A.020

(formerly 181.175)

 

ATTY. GEN. OPINIONS: Basis for figuring funds allocated to footpaths and bicycle trails, (1972) Vol 36, p 1

 

      181A.125

(formerly 181.400)

 

NOTES OF DECISIONS

 

      Statute’s prohibition against political activity by members of state police violated Article I, section 8, of the Oregon Constitution. Oregon State Police Assn. v. State of Oregon, 308 Or 531, 783 P2d 7 (1989)

 

LAW REVIEW CITATIONS: 27 WLR 381 (1991)

 

      181A.140

(formerly 181.066)

 

      See also annotations under ORS 181.065 in permanent edition.

 

ATTY. GEN. OPINIONS: Access to confidential crime records and reports by Oregon Law Enforcement Council, (1974) Vol 36, p 782; Oregon Liquor Control Commission, as a law enforcement agency, (1974) Vol 36, p 1066

 

      181A.155

(formerly 181.085)

 

NOTES OF DECISIONS

 

      Public interest advanced and minimal nature of intrusion make blood sampling of certain convicted felons reasonable search and seizure under federal constitution. Rise v. State of Oregon, 59 F3d 1556 (9th Cir. 1995)

 

      181A.185

(formerly 181.530)

 

ATTY. GEN. OPINIONS: Advance notice of temporary releases, (1975) Vol 37, p 943

 

      181A.250

(formerly 181.575)

 

LAW REVIEW CITATIONS: 41 WLR 941 (2005)

 

      181A.355

(formerly 181.610)

 

NOTES OF DECISIONS

 

      Under 1997 version of statute, “parole and probation officer” does not include noncertified employee performing ministerial tasks at direction and under supervision of parole and probation officer. Multnomah County Employees Union v. Multnomah County, 176 Or App 323, 31 P3d 499 (2001)

 

      Law enforcement unit may have only one primary duty, although primary duty may encompass performing variety of law enforcement related tasks. Adams v. Public Employees Retirement Board, 180 Or App 59, 42 P3d 911 (2002)

 

ATTY. GEN. OPINIONS: Oregon State Police as officers subject to mandatory training by Board on Public Safety Standards and Training, (1992) Vol 46, p 459

 

      181A.530

(formerly 181.653)

 

NOTES OF DECISIONS

 

      Duties of parole and probation officer requiring certification include both duties contained in [former] ORS 181.610 definition of parole and probation officer and duties described in ORS chapter 137. FOPPO v. Washington County, 142 Or App 252, 920 P2d 1141 (1996), Sup Ct review denied

 

      Under 1997 version of statute, noncertified employee performing ministerial tasks at direction and under supervision of parole and probation officer is not employed as parole and probation officer. Multnomah County Employees Union v. Multnomah County, 176 Or App 323, 31 P3d 499 (2001)

 

      181A.640

(formerly 181.662)

 

NOTES OF DECISIONS

 

      Where petitioner was discharged for cause and denied his application for basic police certificate because of gross negligence and Board on Police Standards and Training interpreted rule to include preemployment conduct, interpretation not erroneous or inconsistent with this section. Bailey v. Board on Police Standards, 100 Or App 739, 788 P2d 1022 (1990)

 

      Although Idaho convictions had been dismissed and later expunged, where Oregon law would not have authorized either dismissal or expunction for equivalent convictions, applicant had been convicted of crime. Delehant v. Board on Police Standards, 317 Or 273, 855 P2d 1088 (1993)

 

      Knowingly falsifying information need not involve intent to deceive in order to justify denying or revoking certification. Pierce v. Dept. of Public Safety Standards and Training, 196 Or App 190, 100 P3d 1125 (2004)

 

      Past conduct is relevant to determining whether person possesses present character and fitness that meets standards for certification. Cuff v. Department of Public Safety Standards and Training, 345 Or 462, 198 P3d 931 (2008)

 

      Statute does not preclude Department of Public Safety Standards and Training from adopting rule that mandates revocation of certification of public safety officer under specified circumstances. Marolla v. Department of Public Safety Standards and Training, 245 Or App 226, 263 P3d 1034 (2011)

 

      181A.820

(formerly 181.850)

 

NOTES OF DECISIONS

 

      This section neither expressly nor impliedly creates private right of action for violation by public body. Cruz v. Multnomah County, 279 Or App 1, 381 P3d 856 (2016)

 

      181A.830

(formerly 181.854)

 

NOTES OF DECISIONS

 

      In determining whether “the public interest requires disclosure,” as used in subsection (4)(a) of this section, court must determine, as matter of both law and fact, nature and significance of public’s interest in disclosure and public body’s interest in confidentiality. Court must then balance those competing interests and determine, as matter of law, which interest predominates. American Civil Liberties Union v. City of Eugene, 360 Or 269, 380 P3d 281 (2016)

 

      181A.845

(formerly 181.871)

 

NOTES OF DECISIONS

 

      To meet general crowd management exemption to requirement to provide licensed private security personnel, licensee must meet all three specific requirements listed in (2)(a)-(c) of this section. “Organized event” under this section means special occurrence not part of licensee’s normal day-to-day business activity. Blue Iguana, Inc. v. OLCC, 258 Or App 535, 310 P3d 720 (2013)