Oregonians for Sound Economic Policy v. SAIF

• Decision Date: 15 May 2003
• Citation: 69 P.3d 742,187 Or. App. 621
• Parties: OREGONIANS FOR SOUND ECONOMIC POLICY, INC., an Oregon nonprofit corporation, Respondent, v. STATE ACCIDENT INSURANCE FUND CORPORATION, an independent public corporation, Appellant.
• Court: Oregon Court of Appeals

69 P.3d 742

187 Or. App. 621

OREGONIANS FOR SOUND ECONOMIC POLICY, INC., an Oregon nonprofit corporation, Respondent, v. STATE ACCIDENT INSURANCE FUND CORPORATION, an independent public corporation, Appellant.

00C-15769; A114043.

Court of Appeals of Oregon.

Argued and Submitted October 29, 2002.

Decided May 15, 2003.

Richard D. Wasserman, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

John DiLorenzo, Jr., Portland, argued the cause for respondent. With him on the brief were Aaron K. Stuckey and Hagen, Dye, Hirschy & DiLorenzo, P.C.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

LANDAU, P.J.

ORS 656.702(1) provides that "[t]he records of the State Accident Insurance Fund Corporation, excepting employer account records and claimant files, shall be open to public inspection." Invoking that statute, plaintiff Oregonians for Sound Economic Policy, Inc. (OSEP), requested that the State Accident Insurance Fund Corporation (SAIF) disclose certain documents other than employer account records and claimant files. SAIF declined to disclose all of the records requested, claiming additional exceptions contained in the Public Records Law, ORS 192.410 to 192.505.¹

OSEP then initiated this action for a declaration that it is entitled to the requested documents pursuant to ORS 656.702(1). The trial court entered summary judgment in favor of OSEP and declared that it is entitled to the requested documents. SAIF appeals, arguing that (1) the declaratory judgment action should have been dismissed because OSEP failed to exhaust remedies available to it under the Public Records Law, which SAIF contends provides the exclusive remedy for obtaining an order compelling disclosure of a public record; and (2) in any event, summary judgment should have been entered in favor of SAIF because the requested documents are subject to exemptions that, although not stated in ORS 656.702(1), nevertheless are applicable under the Public Records Law. OSEP responds that (1) the trial court correctly denied SAIF's motion to dismiss because the Public Records Law is not the exclusive remedy for obtaining an order to disclose public records; and (2) the exceptions that SAIF invokes do not apply to requests filed pursuant to ORS 656.702(1). We agree with OSEP on both points and affirm.

I. FACTUAL BACKGROUND

The relevant facts are not in dispute. On January 21, 2000, OSEP delivered a written request to SAIF to inspect various documents, including minutes of meetings of SAIF's board of directors, correspondence relating to declarations of dividends, documents relating to any SAIF dividend policy, documents concerning circumstances in which dividends for policyholders exceed the premiums paid by policyholders, and other related documents. OSEP did not request any employer account records or claimant files.

On January 24, SAIF responded that it was "duly processing" the request, but, because of the breadth of the request, it would require advance payment for copying expenses. SAIF also stated that it would not produce many of the requested documents because they are subject to exemptions from disclosure under the Public Records Law.

The following day, OSEP replied that it was requesting the records pursuant to ORS 656.702(1) and that, therefore, the exemptions contained in the Public Records Law do not apply. There followed an exchange of letters reiterating the parties' positions concerning the applicability of certain exemptions contained in the Public Records Law. SAIF ultimately invited OSEP to "complain to the Attorney General or to try to complain to a court." In the meantime, SAIF stated that it did not intend to disclose documents that it considered subject to the claimed exemptions. As for the balance of the requested documents, SAIF explained that it would not comply until it received payment of more than $50,000 for expenses.

OSEP petitioned the Attorney General for a determination whether its request had been lawfully denied. On May 11, 2000, the Attorney General issued a letter in response to the petition. The letter stated that SAIF had constructively denied OSEP's request for documents that SAIF considers to be exempt from disclosure, but that SAIF is generally entitled to rely on exemptions contained in the Public Records Law. In addition, the letter stated that the legal question whether SAIF is entitled to claim those exemptions is ripe for decision, but that the applicability of any particular exemption must await SAIF's more complete review of the requested documents.

OSEP then initiated this action. It asserted two claims, one for violation of the Public Records Law and the other for a declaratory judgment, pursuant to ORS 28.010 and ORS 28.020, that ORS 656.702(1) requires SAIF to disclose the documents that OSEP requested.

SAIF moved to dismiss both claims. SAIF argued that the claim for violating the Public Records Law failed as a matter of law because OSEP had failed to exhaust remedies available to it under that law. SAIF argued that the claim for declaratory relief likewise failed because the Public Records Law is the exclusive means by which to obtain an order requiring production of a public record. The trial court agreed with SAIF as to the first claim and ordered it dismissed. The trial court denied SAIF's motion as to the second claim, however.

Both parties moved for summary judgment on the declaratory judgment claim. SAIF argued that it is entitled to invoke various exemptions set out in ORS 192.501 and ORS 192.502,² while OSEP argued that ORS 656.702(1) includes no reference to any exemptions other than those for employer account records and claimant files, records that OSEP had not requested. The trial court agreed with OSEP and entered a judgment dismissing the first claim and granting the following declaratory relief on the second claim:

"1. The court declares that the exemptions contained within ORS 192.501 and 192.502 are not applicable to the records request which has been made by the plaintiff under ORS 656.702.

"2. The court further declares that defendant may not deny plaintiff's records request, or any portion thereof, based upon the exemptions contained in ORS 192.501 and 192.502."

II. DISPOSITION OF THE MERITS

A. Denial of SAIF's Motion to Dismiss

On appeal, SAIF first argues that the trial court erred in denying its motion to dismiss the second claim on the ground that the Public Records Law is the exclusive statutory mechanism for obtaining public records. SAIF contends that the wording of the Public Records Law, two rules of construction, and an analogous statute all confirm that "the legislature unambiguously showed its intent that the [Public Records] Law apply to all [public records] requests without exception or limitation."

For its textual argument, SAIF relies on the fact that the Public Records Law sets forth a comprehensive set of procedures by which any person may inspect "any public record." For example, SAIF observes, ORS 192.420 provides that, subject to specific exemptions, "[e]very person has a right to inspect any public record of a public body in this state." Similarly, SAIF notes, ORS 192.430 provides that the custodian of "any public records" must furnish reasonable opportunities for inspection. And, it further observes, subject to exemptions, ORS 192.450(1) provides that any person denied the right to inspect "any public record" may petition the Attorney General to review the record to determine whether it may be withheld from public inspection. According to SAIF, the repeated statutory references to "any public record" suggests that the legislature intended the Public Records Law to constitute the exclusive means of obtaining access to those records. (Emphasis added.)

The two rules of construction that SAIF invokes are (1) in case of a conflict between relevant provisions, the specific controls the general, ORS 174.020(2); and (2) where there are several relevant provisions, the court must attempt to give effect to all, ORS 174.010. As to the former, SAIF argues that the judicial review provisions of ORS 192.450 are more specific, and therefore controlling, to the extent that they conflict with the more general declaratory judgment provisions of ORS 28.010 and ORS 28.020 by which OSEP seeks to enforce ORS 656.702. As to the latter rule of construction, SAIF argues that permitting OSEP to seek disclosure of documents directly under ORS 656.702 by means of a declaratory judgment "would effectively negate" the Public Records Law.

The analogous statute, according to SAIF, is the Administrative Procedures Act (APA), ORS chapter 183, which establishes a comprehensive set of procedures for judicial review of decisions of administrative agencies. Just as the courts have held the APA to be the exclusive remedy for seeking judicial review of administrative agency decisions, SAIF argues, so also should they conclude that the comprehensive procedures set out in the Public Records Law are the exclusive means of reviewing denials of access to public records.

OSEP takes issue with each of SAIF's three arguments. As to the textual argument, OSEP contends that, while the Public Records Law provides that disclosure of "any public record" may be obtained through the procedures described in that statute, nothing states that the Public Records Law is the only means of doing so.

As to the cited rules of construction, OSEP maintains that both militate against, not in favor of, SAIF's position. Thus, it argues, as to ORS 174.010, reading the Public Records Law to constitute the exclusive means of obtaining disclosure of public records would "entirely negate[ ]" the express provisions of ORS 656.702. Likewise, OSEP argues, as to ORS 174.020, SAIF does not compare the correct statutes in determining which is more specific. While SAIF compares the general...