ERB Finds Public Records Law Trumps CBA Records Expungement Requirement

IAF Local 890 filed a ULP after the Klamath County Fire District refused to implement an arbitrator’s award ordering the District to purge its files of a discipline in compliance with the CBA. The District argued it was prohibited from purging the files by the Public Records Law (ORS 392.410 – 505 and ORS 357.895). The case presented an apparent conflict between the Public Records Law and the PECBA. The Board held the District did not commit a ULP because, while the PECBA favors the use and implementation of arbitration awards, such awards may not be implemented if they are contrary to public law. The majority found ORS 357.895 prohibits the state’s archivist from granting permission to a government entity to destroy records before the proscribed timelines. The majority found the parties are prohibited from contracting around the District’s statutorily imposed requirement to maintain records. Therefore, the District did not violate ORS 243.672(1)(g).
Notably, the Board did not address any possible violations of ORS 243.672(1)(e) or (f) after finding the parties did not argue violations these sections at hearing or in brief.

In his dissent, Chair Gamson argued the arbitrator’s award did not violate the Public Records Law because the statute only requires a government entity to preserve documentation of investigations of disciplinary matters as distinguished from the discipline itself. The award ordered the removal only of documentation of a discipline.