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2• EMPLOYEE, JUDGE AND CONTRACTOR RECORDS G. SMOKING BAN AND TOBACCO REGULATION
<br /> The City supports legislation which protects privacy of employees, 'ud es Overwhelming scientific evidence exists documenting the harmful health effects of smoking
<br />and
<br /> J g and of exposure to secondhand smoke. The Eugene City Council has adopted ordinances to restrict
<br /> contractors, including personnel records and persona( information such as home
<br /> addresses and phone numbers. access of youth to tobacco products and to protect workers and the public from secondhand
<br /> smoke in all places of employment and other public places. The major provisions of those
<br /> 3• VICTIM/WITNESS/JUROR PRIVACY ordinances areas follows:
<br /> The City will support amendments to State public records law to protect the riva 1• YOUTH ACCESS RESTRICTIONS
<br /> reporting parties, crime victims, witnesses, and jurors, p cy of
<br /> a. Prohibits the sales of tobacco products to minors (persons under 18 years of age).
<br /> 4. PAYMENT FOR PUBLIC SAFETY RECORDS
<br /> b. Requires retailers of tobacco products to obtain a license to sell tobacco.
<br /> The City supports legislation to require the State or criminal defendants to pay for record
<br /> c. Prohibits self-service tobacco sales, and require all sales of tobacco products to
<br /> requeste through discovery or by subpoena. The City charges fees authorized by the
<br /> Public Records Law for records requested by criminal defendants or their attorne s. s bevendor-assisted, that is, have tobacco products behind the counter or in
<br />a
<br /> Requesters have learned that the same records are available at no charge if the re west is locked case, so that a sales clerk must assist the transaction and determine
<br />the age
<br /> made through discove Y of the customer.
<br /> ry or by subpoena. Frequently, these requests are voluminous and
<br /> seek records not directly related to the case at hand.
<br /> the request than to use expensive attorney time to narrowtlthe discovery equesttor Quash 2• CLEAN AIR IN PUBLIC PLACES AND PLACES OF EMPLOYMENT
<br /> the subpoena, the City should not be required to provide this service free of char e,
<br /> q a. Prohibits smoking in any enclosed place of employment and public place,
<br /> 5• EXPUNGEMENTS g including, but not limited to, restaurants, bars, taverns, lobbies, elevators,
<br /> meeting rooms, banks, education facilities, public transportation, retail
<br /> The City is frequently ordered by the State District and Circuit Courts to expun e businesses, movie or theater facilities, sports facilities, meeting rooms,
<br />health
<br /> individual adult or juvenile criminal records which meet certain criteria. The State care facilities.
<br /> charges and collects a fee to cover the processing costs for adult expungements, but local
<br /> government also bears a workload burden in this process. Expungements are a co b. Requires posting of a no smoking sign in a conspicuous location in every
<br /> and staff-intensive process. While the expungement process allows indict mplex affected building and at the primary entrance.
<br /> tduals to clear
<br /> their records after certain periods of time, they also impede investigations of criminal 1
<br /> activity that has formed a pattern over the course of several years. The Ci c. Prohibits smoking within a reasonable distance, of not less than 10 feet, of
<br />any
<br /> legislation to stiffen expungement criteria, allow juvenile criminal re ty wtll support entrance to any enclosed area where smoking is prohibited.
<br /> rather than destroyed, and allow the City to recover its actual costs in co s to be sealed
<br /> expungement court orders. ~ Eugene's ordinances prohibiting smoking were nearly preempted ih 20011egislative
<br /> mplying with
<br /> session. HB 2828 preempted local authority to enact such ordinances, substituting a
<br /> 6• ELECTRONIC SIGNATURES AND ELECTRONIC ORIGIN statewide workplace smoking ban (with exceptions, such as bars or taverns for example)
<br /> AL DOCUMENTS prohibitive of stricter local ordinances. However, the City of Eugene's ordinances were
<br /> The City supports legislation permitting electronic signatures and elec ~'andfathered in along with the ordinances of nearly a dozen other communities enacted
<br /> documents, such as warrants, to help information processing throw houronic original prior to July 1, 2001. The original bill would have preempted all local bans, or
<br />some,
<br /> including Eugene's. The governor's veto threat for any bill which did not exempt
<br /> government, and to include certain public safety records exempt from public recor
<br /> Electronic original documents is a new concept that should be co ds law, Eugene led to an agreement preserving Eugene's ban.
<br /> Utah currently has electronic nstdered. The
<br /> model
<br /> ortgmal document legislation which serves as an acceptable
<br />
<br /> City of Eugene Legislative Policies, 2005 Session
<br /> 52
<br /> City of Eugene Legislative Policies, 2005 Session 53
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