Portland-based Oregon Health & Science University has sued Oregon Public Broadcasting to block a Multnomah County District Attorney’s Office order requiring the release of records related to former OHSU Health CEO Tarek Salaway’s termination, according to a June 16 court filing.
Oregon Public Broadcasting reported the lawsuit June 16.
The lawsuit, filed in Multnomah County Circuit Court, argues that the order would require OHSU to disclose information protected under federal law and violates both federal law and Oregon public records law.
Mr. Salaway became executive vice president and CEO of OHSU Health in December and was terminated April 3 after an investigation into professionalism and communication concerns. In prior statements shared with Becker’s, Mr. Salaway said he raised concerns related to patient safety and the health system’s operations before his dismissal.
According to the complaint, OHSU previously released witness statements from its investigation with identifying information redacted and provided other nonexempt records requested by Oregon Public Broadcasting. The dispute centers on additional records sought by the news organization, including a workplace environment report, a performance review and other materials related to the investigation.
OPB requested the records after OHSU released redacted witness statements to Willamette Week, according to the news organization’s reporting.
After OHSU denied OPB’s request for additional records, the news organization petitioned the Multnomah County District Attorney’s Office for review. In a June 2 order, the district attorney’s office directed the health system to release the records, concluding that the public interest in understanding the circumstances surrounding the departure of OHSU Health’s chief executive outweighed confidentiality interests.
In its lawsuit, OHSU argues the records are exempt from disclosure because they involve personnel disciplinary matters and that the public interest does not outweigh confidentiality concerns. The health system is seeking declaratory and injunctive relief to prevent the order from taking effect.
In a June 16 statement, Oregon Public Broadcasting said it stands by its records request and described the lawsuit as a rare challenge to a requester that prevailed in a public records dispute.
In a June 18 statement, OHSU said the lawsuit is intended to protect employee and whistleblower privacy rights and seek court guidance on balancing those protections with public access to government records. The health system said the appeal is not intended to prevent disclosure of matters of legitimate public concern.
“Our decision to appeal the public records order is not intended to withhold information of legitimate public concern. Rather, it seeks clarification from the courts regarding the proper balance between public access to government records and the privacy protections afforded to individuals engaged in workplace investigations,” OHSU said.
The Multnomah County District Attorney’s Office declined to comment on the lawsuit.
Separately, OHSU announced June 12 that Amy Shlossman, senior vice president of Baltimore-based LifeBridge Health, will become executive vice president and CEO of OHSU effective Aug. 31.
Editor’s note: This story was updated on June 18.
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