OREGON DEPARTMENT OF ADMINISTRATIVE SERVICES

PUBLIC RECORDS REQUESTS R000879-070126 AND R000885-070726

Oregon Department of Administrative Services·Public Records Requests R000879-070126 and R000885-070726
Status: Petition before the Oregon Attorney General.
July 1, 2026Public Records Request

R000879 submitted

Request for the Department's own records concerning me: its communications with OPRD, the Office of the Governor, or any other state entity referencing me, and any record in which I am named or identifiably described in personnel, human resources, legal, risk, or accountability matters.

R000879 as ReceivedPDF

July 6, 2026Agency Response

R000879 closed on a custodial basis

The Department closes the request, stating it "is not the custodian of the requested records," and refers me to OPRD.


July 6, 2026Follow-Up to the Agency

Request to reopen

Request to reopen: the closure addresses only one category, and OPRD cannot be the custodian of the Department's own correspondence.

Request to ReopenPDF

July 7, 2026Agency Response

R000879 reopened

The Department reopens the request: "I've reopened your request while we look into this further."

Reopening NoticePDF

July 7, 2026Follow-Up to the Agency

Correspondence channel and preservation notice

Note on the correspondence channel, and service of a litigation preservation notice covering all records potentially responsive to both requests. The notice has never been acknowledged.

Preservation NoticePDF

July 7, 2026Public Records Request

R000885 submitted

Request for the number of requests the Department has closed on a not-the-custodian basis since 2022, by year, and for any written policy or standard governing how that determination is made and distinguished from a no-records determination. A fee waiver is requested under ORS 192.324(5).

R000885 as ReceivedPDF

July 8, 2026Follow-Up to the Agency

Custodial determination analysis

Statutory analysis under ORS 192.311(2)(b): the Department is the custodian of its own correspondence, and the agent exception does not apply. Request that the Department identify the public body for which it claims to have acted as agent, or withdraw the determination.

Custodial AnalysisPDF

July 8, 2026Agency Response

R000885 acknowledged

The Department acknowledges R000885 and states it is reviewing the request. No completion estimate is provided then or after.

R000885 AcknowledgmentPDF

July 10, 2026Agency Response

Partial response to R000879

The Department states it located no records in the named-or-described category and closes that portion, and states it is still reviewing as to its communications referencing me.

Partial ResponsePDF


July 12, 2026Follow-Up to the Agency

On the no-records determination

Letter setting out why a no-records determination is difficult to credit on this record, and asking the Department to reconcile it with the documented facts or describe the search. Never answered.

LetterPDF

July 17, 2026Follow-Up to the Agency

Outstanding determinations; notice of intent to petition

Letter setting out the four unanswered questions and giving notice of intent to petition.

Outstanding DeterminationsPDF

July 17, 2026Follow-Up to the Agency

Portal date-field constraint

Letter documenting that the Department's portal does not permit a request without a fixed end date, and that the end dates entered are placeholders to be read as through the date of the search.

Portal Constraint LetterPDF

July 17, 2026Follow-Up to the Agency

Correction of statutory citation

Self-correction on the record: petitions in this matter lie with the Attorney General under ORS 192.411, not ORS 192.415.

Statutory CorrectionPDF

July 17, 2026Follow-Up to the Agency

Inquiry to the Communications Director

Question for the record: does the Communications Director hold any role in the Department's public records function.

InquiryPDF

July 17, 2026Agency Response

Communications Director response

The Communications Director states the Department is continuing to process the requests in the order received and that "periods without communication do not indicate inactivity."

ResponsePDF

July 17, 2026Follow-Up to the Agency

Reply to the Communications Director

Reply restating the four outstanding items and the statutory basis for each.

ReplyPDF

July 27, 2026Agency Response

R000879 closed: no responsive records

The Department closes R000879 a second time, determining there are no responsive records as to its communications referencing me, and again refers me to OPRD. The closure is signed from the Department's Strategic Initiatives and Enterprise Accountability office.

Closure NoticePDF

July 27, 2026Agency Response

R000885 answered: 31 custodial closures, no internal standard

The Department answers R000885: thirty-one requests closed on a not-the-custodian basis since 2024, six in 2026, nineteen in 2025, six in 2024, with no internal standard beyond the Department of Justice's general public records manual.

R000885 ResponsePDF

July 27, 2026Petition to the Attorney General

Petition to the Attorney General

Petition for review under ORS 192.411 concerning R000879, filed with eighteen exhibits. It asks the Attorney General to order the Department to produce, cite a specific exemption, or state expressly that no responsive record exists; to describe the search; to substantiate or withdraw the custodial referral; and to answer the preservation questions.


July 28, 2026Agency Response

Acknowledgment from the Attorney General's Office

From: Chief Counsel's Office, Oregon Department of Justice

The Attorney General's Office acknowledges receipt of a petition and states that orders granting or denying a petition are generally issued within seven days. Which of the two pending petitions it refers to is unconfirmed; a same day reply asked for confirmation and file numbers.