Marks v. McKenzie High School Fact-Finding Team

The lead opinion bases its analysis on the principle that public policy favors disclosure of records by public bodies. I heartily agree that that principle is the basis of Oregon’s Public Records Law and that it is one we must uphold. Where the lead opinion gets sidetracked, however, is in its conclusion that, in order to carry out that principle, we need to hold that certain private persons and entities are public bodies and are, therefore, subject to the Public Records Law. The language of the pertinent statutes simply does not support that conclusion. Further, it is not necessary to expand…