4. Investigatory records.

ORS 192.501(3) provides a conditional exemption for investigatory information compiled in criminal investigations, while allowing only limited circumstances in which a record or arrest or the report of a crime may remain confidential   This exemption does not expire when the investigation is closed, though the closed status of the governmental investigation decreases the government’s interest in maintaining confidentiality.  See Attorney General Manual, § I(E)(4)(c)(3).

ORS 192.502(1), which exempts advisory communications where public interest in encouraging frank communication between officials and employees clearly outweighs the public interest in disclosure.  Recently, in City of Portland v. Oregonian Publishing Co., 200 Or. App. 120, 112 P.3d 457 (2005) the court held that Portland Police Bureau records concerning the investigation and discipline of a police officer who killed a civilian during a traffic stop were not exempt from disclosure under this balancing analysis.