Oregon Advisory Opinions April 02, 1973: OAG 73-13 (April 2, 1973)
Collection: Oregon Attorney General Opinions
Docket: OAG 73-13
Date: April 2, 1973
Advisory Opinion Text
OAG 73-13.
What responsibility has a Public Welfare Division Branch Office to refuse access to monthly reports prepared pursuant to ORS 411.325 to a person believed to be seeking information for commercial or political purposes?
ANSWER GIVEN
None.
SECOND QUESTION
Should Public Welfare Division staff question the purpose for which the information is sought?
ANSWER GIVEN
No. The statement of the person requesting access that the information will not be used for commercial or political purposes must be accepted.
THIRD QUESTION
Should an irate spouse searching for the mate from whom he is separated, who fears him, and is hiding from him be allowed to inspect the list?
ANSWER GIVEN
Yes, if he complies with ORS 411.330.
FOURTH QUESTION
If a manager of a public housing project signs the application to inspect the books with the avowed intention of evicting any tenant he finds to be receiving public assistance, is this a commercial or political purpose? If so, should the Public Welfare Division staff refuse to allow him access to the records?
ANSWER GIVEN
The answer to the first part of this question is a qualified yes. This purpose might be found to be commercial. The answer to the second part of the question is no.
ORS 411.325 provides that the Public Welfare Division must prepare a monthly report showing the names of all recipients in each county who are receiving old age assistance, aid to the blind, aid to the disabled, aid to dependant children or general assistance, together with the amounts paid to each, and that the address of any such recipients shall be provided upon the specific request of a person qualified to inspect the report. The right to inspect the records may be exercised by any qualified voter of this state who signs the form prescribed in ORS 411.330, certifying that he "will not use any information received . . . for commercial or political purposes of any nature."
The facts which give rise to the questions submitted are that persons who are obviously creditors of recipients, such as a Credit Bureau employee, a landlady, or
a grocer, make application to inspect the monthly reports prepared by the Public Welfare Division pursuant to ORS 411.325. Also, the project manager of a federally-funded public housing project which bars residency by welfare recipients uses the list to ascertain if any project residents are receiving public assistance payments with the intention of evicting them if their names appear on the list. Other persons with questionable purposes such as that implied by the third question, may also seek access to the information.
Public Welfare Division staff has the responsibility to ascertain whether the person making a request is a qualified voter of this state. Additionally, the staff must obtain the person's signature to the requisite form. Once these two requirements are satisfied, the person may examine the record and the division must provide the address of the recipient upon the specific request of that person.
ORS 411.990 provides that violation of ORS 411.330 is punishable, upon conviction, by a fine of not more than $1,000 or by imprisonment in the county jail for not more than 60 days, or by both. If the division staff has information or reason to believe that a person has violated or will violate ORS 411.330 by using information for commercial or political purposes, the circumstances should be reported to the district attorney for possible prosecution. Notification to a requester whose motives are open to question that this step will be taken may have a salutary effect.
The facts presented indicate that in some instances access to the names and addresses of the recipients results in undesirable consequences for recipients. However, such inequities may be corrected only by the legislature.
We conclude that the Public Welfare Division does not have discretion to deny access to this information to any qualified voter of this state who signs the required form.