Employment Relations Board
Chapter 115
Division 40
DISPUTE RESOLUTION IN PUBLIC EMPLOYMENT
115-040-0040
Exemption from Disclosure Under ORS 192.410 to 192.505 and Inadmissibility of Mediation Communication Pursuant to OEC Rule 408
(1) Except to the extent that rules of this agency adopted pursuant to Oregon Laws 1997, chapter 670 make mediation communications confidential, any mediation communications that are public records, as defined in ORS 192.410(4), are not confidential unless the substance of such communication is confidential under state or federal law. Mediation communications are exempt from disclosure under the Public Records Law to the extent provided in ORS 192.410 to 192.505.
(2) Nothing in this rule affects any confidentiality created by other law.
(3) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408).
(4) The words and phrases used in this rule have the same meaning as given to them in Oregon Laws 1997, chapter 670, section 11.
Statutory/Other Authority: ORS 243.766(7), 240.086(3) & OL 1997 & Ch. 670
Statutes/Other Implemented: ORS 192.410 - 192.505
History:
ERB 9-2016, f. 11-9-16, cert. ef. 2-1-17
ERB 6-1998, f. & cert. ef. 10-27-98
ERB 5-1998(Temp), f. & cert. ef. 5-1-98 thru 10-27-98