Archive for the ‘Oregon’ Category
Database of the Day: Domestic Partnership Registry
The recent California Supreme Court decision overturning California’s law banning same-sex marriage as unconstitutional provides a timely discussion of the domestic partnership registry. California, among other states and municipalities provides a means for couples — variously, same or opposite sex in civil unions or domestic partnerships — to register their relationship.
I don’t know of any online database of names of registered domestic partners, but there are data sources. This is the old-fashioned and still often the most reliable means of confirming a fact: call or visit the relevant government office! In California, the Secretary of State records the Declaration of Domestic Partnership and the Termination of Domestic Partnership. This office responds to telephone inquiries and will search by a name, providing the partner name, date of registration and the residential address. You can also go to one of the offices to get a copy of either form.
Oregon defines a domestic partnership registration as a vital record, which is confidential. Domestic Partnership Registration in New York City is with the City Clerk. County Recorder offices and state health departments are also repositories for these filings. Some cities, counties and states that have civil union or domestic partnership laws are listed here.
Currently, there are 49,550 registrations on file at the California Secretary of State. Of these, about 5,600 have filed terminations. By law, this office only accepts terminations up to 5 years after registration. Beyond that time, couples must go to court to end a domestic partnership.
What has been your experience requesting information from a domestic partnership registry?
This week in public records: Oregon – Ohio – Wisconsin
Complaints by residents in Oregon has lead to the removal of some property owner’s names from PortlandMaps, the city’s online mapping program of assessor’s data and building permits. Portland offers a vague explanation for the decision to allow a search by address only.
Ohio media outlets may have to add a requirement to the standard job description: must have photographic memory. That is, if they want to peruse particular public records which cannot be copied. That’s the law in Ohio. The opinion of the Ohio Attorney General adds absurdity to confusion in his assertion that reporters can inspect the gun permit owner lists kept by the Sheriffs’ offices but are not allowed to write anything down. Keep your eyes peeled for a clarifying law, sure to be stupider than the first.
Meanwhile, the Wisconsin Attorney General has issued an opinion that may make police agency’s records more available to the public. The AG stated that a 1991 state Supreme Court ruling exempting from the open records law district attorney files does not apply to police reports. A police spokesperson objected, claiming that open access would give a defense attorney “tactical advantage over a prosecutor who has not yet examined the police reports”, according to this story. Will someone make a list of all the arguments public agencies have offered for keeping public records out of our hands?
Database of the day: Funeral homes and directors disciplinary actions
Search the online records of disciplinary actions from 2000 to 2007 for funeral homes and funeral practitioners at the Maine Board of Funeral Service. Use this advanced search query at the Google search engine. In this example, I’ve searched the name “Fernald”. Note the Web address in the search bar.
Use the same Google search format to identify Pennsylvania professional license disciplinary actions, including for funeral directors and funeral homes, from 1999 to 2007.
The Oregon Mortuary and Cemetery Board has images of Notice of Proposed Disciplinary Action and Consent Order for cases filed from 2005 to 2007.
The Texas Funeral Service Commission has a one page list of disciplinary actions taken against licensees since September 2006. The record has a name, violation, action taken and date.
This document has hyperlinks to all the state funeral regulatory boards.
Government seeks to further restrict the use and display of the Social Security number
A federal legislative hearing spotlighted (once again) the widespread display of Social Security numbers in public records.Various speakers at the recent House Ways and Means Subcommittee on Social Security discussed the problems of identity theft. Justin Yurek of ID Watchdog, recommended that Social Security numbers should be removed from all public records and should never be sold to unaffiliated 3rd parties for any reason.
The summary of the Government Accounting Office (GAO) report, Social Security Numbers: Use is Widespread and Protection Could be Improved notes that information resellers have few restrictions on their ability to obtain and sell public records, including Social Security numbers. The full report advises the IRS and Attorney General establish a policy of truncating Social Security numbers on all lien filings and notices.
Sen. Charles Schumer pointed to the differing strategies in masking Social Security numbers in online government and private company databases.
First, we need to have uniform standards for protecting Social Security numbers by hiding either the first five digits or the last four digits.
The good news is that federal agencies have started hiding the first five digits of Social Security numbers in public record documents. The very bad news is that data brokers and other entities are going in the opposite direction of hiding the last four digits.
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This makes it very easy to use public sources to piece together a full nine-digit Social Security number that could be used for identity theft. The GAO was able to do this in just one hour, from their desks. An identity thief could do the exact same thing – from anywhere in the world.
Perhaps of concern to reporters, investigators and attorneys is proposed legislation by Schumer that could restrict the information databrokers provide.
That’s why I am proposing new legislation that will require the Social Security Administration to set standards telling public agencies and private businesses exactly what method of truncation to use.
The Oregon Secretary of State announced new standards for acceptance of filings – which must mask certain personal identifiers.
After July 15, 2007, the Secretary of State may refuse to file documents containing a Social Security number, a state identification number, a driver license number, a credit or debit card number, or an account number that is not redacted to at least the last four digits of the number.
The February 2007 Federal Trade Commission report on identity fraud presents a statistical analysis of the types and extent of reported identity theft and fraud.
South Dakota Supreme Court upholds legality of trash seizure
The South Dakota Supreme Court relied on the U.S. Supreme Court conclusions in California v. Greenwood in upholding the legality of curbside garbage searches. [State of South Dakota v. Wayne R. Stevens]
A review of these statutes shows no granting of authority to a municipality to place with its citizens an objective expectation of privacy in one’s trash when it has been put on the curb for city collection.
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To establish a protected privacy interest in trash, a person (1) must have “‘exhibited an actual subjective expectation of privacy’” and (2) society must be “‘willing to honor this expectation as being reasonable.’”
The State of Oregon Supreme Court ruled in several related cases that no possessory interest in the garbage was retained once it was collected by the sanitation company, suggesting that there may be an reasonable expectation of privacy when the trash is curbside prior to collection. [See STATE OF OREGON, v. GARY DEAN DAWSON and STATE OF OREGON v. SHARON DAWN HOWARD]
Previous postings on this topic:
Check local ordinances before dumpster diving





