Marks v. McKenzie High School Fact-Finding Team

878 P.2d 417, 319 Or. 451, 1994 Ore. LEXIS 82
CourtOregon Supreme Court
DecidedAugust 11, 1994
DocketCC 92C-10440; CA A75255; SC S40517
StatusPublished
Cited by29 cases

This text of 878 P.2d 417 (Marks v. McKenzie High School Fact-Finding Team) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marks v. McKenzie High School Fact-Finding Team, 878 P.2d 417, 319 Or. 451, 1994 Ore. LEXIS 82 (Or. 1994).

Opinions

GILLETTE, J.

In this action for injunctive relief, plaintiffs sought to inspect records maintained by defendant, a “fact-finding team” that had been selected by a private association of school administrators. The team allegedly was charged by a public school district board with investigating, reporting on, and making recommendations with respect to certain aspects of the operation of a high school within the district that had become the subject of public controversy. Only the team was named as defendant; neither the school district nor its board is a party to this litigation. The trial court dismissed the action on the ground that plaintiffs had not alleged sufficient facts to show that defendant team was a “public body” subject to the Inspection of Public Records Law, ORS 192.410 to 192.505. A divided panel of the Court of Appeals reversed, the majority holding that plaintiffs had alleged facts sufficient to show that defendant was a “public body.” Marks v. McKenzie High School Fact-Finding Team, 121 Or App 146, 854 P2d 488 (1993). We allowed review and now reverse the decision of the Court of Appeals.

For the purpose of review, we assume the truth of all well-pleaded facts alleged in the complaint and give plaintiffs the benefit of all favorable inferences that may be drawn from those facts. Stringer v. Car Data Systems, Inc., 314 Or 576, 584, 841 P2d 1183 (1992); Oksenholt v. Lederle Laboratories, 294 Or 213, 215, 656 P2d 293 (1982). The complaint — which is scanty — alleges that, on December 18, 1991, the school board for the McKenzie School District asked the Confederation of Oregon School Administrators (COSA)1 to appoint a “fact-finding team” to “investigate concerns regarding McKenzie High School.” COSA subsequently appointed three of its members — two retired public school administrators and another administrator on leave — to constitute the team. According to the complaint, the team’s charge was to investigate certain aspects of the high school’s operation, to prepare a report regarding that investigation, and to make any recommendations that the team deemed appropriate.2 [454]*454The complaint does not allege that defendant had a contract or other form of agreement with the school board or that defendant was to receive any public funds as compensation for the work. Neither does the complaint allege — nor have the parties argued — that the creation and use of the team by the school district was a subterfuge aimed at avoiding the requirements of the Public Records Law.

The complaint further alleges that, in February 1992, plaintiffs — a group of parents with children in the McKenzie School District — sought to inspect records generated and maintained by defendant team in the course of its investigation. Defendant refused the request. Plaintiffs asked the Marion County District Attorney3 to order disclosure of the records pursuant to ORS 192.450 and 192.460, but the district attorney refused to do so. The present action followed.

Defendant moved to dismiss the action on the ground that it was not a “public body” within the meaning [455]*455of ORS 192.410(3),4 set out infra, and therefore not subject to the Inspection of Public Records Law, ORS 192.410 to 192.505. The trial court agreed and ordered dismissal for failure to state ultimate facts sufficient to constitute a claim, pursuant to ORCP 21 A(8). The court allowed plaintiffs 10 days to amend their complaint, but plaintiffs chose not to replead.

Following entry of judgment, plaintiffs appealed the dismissal of their action and, as noted, a divided panel of the Court of Appeals reversed and remanded. The lead opinion in the Court of Appeals held that plaintiffs had “alleged facts sufficient to show that defendant was a commission of the school district” and, therefore, was a “public body” within the meaning of ORS 192.410(3). Marks v. McKenzie High School Fact-Finding Team, supra, 121 Or App at 149. The lead opinion concluded that the word “commission” should be “broadly defined to include non-governmental groups performing duties at the request of a governmental body.” Ibid. A second member of the panel concurred, concluding in a separate opinion that “[t]he team is a ‘commission’ or ‘agency’ of the school district under ORS 192.410([3]) because it performed school district business at the district’s request and under its authority and was accountable to the school board for its effort.” Id. at 151 (Durham, J., concurring). The third member of the panel dissented, concluding that the term “public body” in ORS 192.410(3) was intended to encompass only “officially constituted governmental bodies.” Id. at 152 (Deits, P. J., dissenting). We allowed review to address the proper interpretation of ORS 192.410(3).

ORS 192.420 provides that, subject to certain exceptions,5 “[e]veiy person has aright to inspect any public record of a public body in this state.” (Emphasis supplied.) ORS 192.410(4) defines “public record” as “any writing containing information relatingto the conduct of the public’s business* * * [456]*456prepared, owned, used or retained by a public body regardless of physical form or characteristics.” Under that definition, the records sought by plaintiffs in this case cannot be “public records” unless defendant is a “public body.”6 ORS 192.410(3) defines “public body” as follows:

“ ‘Public body’ includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state.”

(Emphasis supplied.)

Plaintiffs argue that, because the district “commissioned” defendant to investigate concerns regarding McKenzie High School, defendant was a “commission” of the district and therefore a “public body” within the meaning of ORS 192.410(3). Defendant team contends, on the other hand, that the word “commission,” as used in ORS 192.410

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Bluebook (online)
878 P.2d 417, 319 Or. 451, 1994 Ore. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marks-v-mckenzie-high-school-fact-finding-team-or-1994.