(1) The office of the Public Records Advocate is created as an independent office within the executive department, separate and distinct from any other state agency.

Terms Used In Oregon Statutes 192.461

  • Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
  • executive department: means all statewide elected officers other than judges, and all boards, commissions, departments, divisions and other entities, without regard to the designation given to those entities, that are within the executive branch of government as described in Article III, section 1, of the Oregon Constitution, and that are not:

    (a) In the judicial department or the legislative department;

    (b) Local governments; or

    (c) Special government bodies. See Oregon Statutes 174.112

(2) The Public Records Advocate shall be appointed by the Public Records Advisory Council under ORS § 192.481.

(3) The Public Records Advocate shall be a member in good standing of the Oregon State Bar.

(4) The term of office of the Public Records Advocate shall be four years, except that the advocate may be removed for cause by the Public Records Advisory Council. A determination to remove for cause may be appealed as a contested case proceeding under ORS Chapter 183.

(5) The advocate may be reappointed to consecutive terms.

(6) The Public Records Advocate is in the exempt service.

(7)(a) The Public Records Advocate shall select, appoint and fix the compensation of a Deputy Public Records Advocate. The Deputy Public Records Advocate shall be a member in good standing of the Oregon State Bar.

(b) The Public Records Advocate may delegate to the Deputy Public Records Advocate any authority, power or duty to act possessed by the Public Records Advocate except the power to delegate set forth in this paragraph.

(c) If the position of the Public Records Advocate becomes vacant, the Deputy Public Records Advocate shall serve as the acting Public Records Advocate until a new Public Records Advocate has been appointed.

(8)(a) The Public Records Advocate may hire and fix the compensation of other professional staff to assist in performing the duties assigned to the Public Records Advocate.

(b) Officers and employees of the office of the Public Records Advocate are in the exempt service.

(9) The Public Records Advocate may seek out office facilities and administrative support from other state agencies or local public bodies. State agencies shall assist the advocate. Local public bodies may assist the advocate. [2017 c.728 § 1; 2017 c.728 § 16; 2019 c.107 § 1; 2021 c.582 § 1]