OREGON PUBLIC MEETINGS LAW (1973)OREGON ACCESS: Public Meetings "IT IS THE INTENT OF ORS 192.610 TO 192.690 THAT DECISIONS OF GOVERNING BODIES BE ARRIVED AT OPENLY" WHO MUST COMPLY? Any meeting of a state or local governmental board, commission, council, committee or subcommittee consisting of two or more members...at which there [is]...a quorum, when the purpose of the meeting is to decide or deliberate on public matters." BUT NOT: BOARD OF PAROLE, STATE BANKING BOARD, PSYCHIATRIC SECURITY REVIEW BOARD, CONTESTED HEARINGS AND "PRIVATE BODIES," e.g., Oregon Parks Foundation. WHAT IS A MEETING? Convening of any body...TO MAKE A DECISION OR DELIBERATE TOWARD A DECISION ON ANY MATTER. ALL GATHERINGS, INCLUDING TELECONFERENCING AND COMPUTER NETWORKS, BUT NOT:
PUBLIC NOTICE TIME, PLACE AND TENTATIVE AGENDA TO: "interested persons including the news media" Note: News organization must request notification. SPECIAL MEETINGS: 24 HOURS EMERGENCY MEETINGS: "APPROPRIATE" A PUBLIC BODY MAY ENTER CLOSED SESSION TO DISCUSS THE FOLLOWING SUBJECTS: a. EMPLOYMENT OF A SPECIFIC PERSON b. DISMISSAL OR DISCIPLINING OF, OR TO HEAR COMPLAINTS OR CHARGES BROUGHT AGAINST A PUBLIC OFFICER...[UNLESS] THE PERSON INVOLVED REQUESTS AN OPEN SESSION. c. PUBLIC HOSPITAL MEDICAL STAFF [ORS chs. 441,442] d. LABOR NEGOTIATIONS e. REAL PROPERTY TRANSACTIONS f. EXEMPT PUBLIC RECORDS (CONSIDERATION OF) g. TRADE NEGOTIATIONS h. LEGAL COUNCEL i. EMPOYEE EVALUATIONS j. PUBLIC INVESTMENTS NOTICE AN EXECUTIVE SESSION CAN BE CALLED DURING AN OPEN MEETING. NOTICE MUST INCLUDE THE TIME, PLACE, AND A LIST OF TOPICS TO BE DISCUSSED. MEDIA REPRESENTATION REPORTERS WHO REGULARLY COVER THE BODY "SHALL BE ALLOWED TO ATTEND" EXECUTIVE SESSIONS. THE GOVERNING BODY MAY SPECIFY INFORMATION WHICH MAY NOT BE DISCLOSED. NOTE: THE STATUTE DOES NOT PROVIDE A PENALTY FOR REPORTERS WHO VIOLATE THE AGREEMENT. DefinitionsORS @ 192.610 (1993): PUBLIC MEETINGS LAW (1) "Decision" means any determination, action, vote or final disposition upon a motion, proposal, resolution, order, ordinance or measure on which a vote of a governing body is required, at any meeting at which a quorum is present. (2) "Executive session" means any meeting or part of a meeting of a governing body which is closed to certain persons for deliberation on certain matters. (3) "Governing body" means the members of any public body which consists of two or more members, with the authority to make decisions for or recommendations to a public body on policy or administration.
(4) "Public body" means the state, any regional council, county, city or district, or any municipal or public corporation, or any board, department, commission, council, bureau, committee or subcommittee or advisory group or any other agency thereof. (5) "Meeting" means the convening of a governing body of a public body for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter. "Meeting" does not include any onsite inspection of any project or program. "Meeting" also does not include the attendance of members of a governing body at any national, regional or state association to which the public body or the members belong. "Public Body" test under Oregon Public Record Law MARKS v. THE McKENZIE HIGH SCHOOL FACT-FINDING TEAM, 1994 Ore. LEXIS 82 (Or. 1994) FUNCTIONAL EQUIVILENT TEST The determination of whether a particular entity is a"public body" within the meaning of ORS 192.410(3) will depend on the character of that entity and the nature and attributes of that entity's relationship with government and governmental decision-making. Relevant factors: (1) The entity's origin (e.g., whether the entity was created by government or had some origin independent of government). (2) The nature of the function assigned to and performed by the entity (e.g., whether that function is one traditionally associated with government or is one commonly performed by private entities). (3) The scope of the authority granted to and exercised by the entity (e.g., does the entity have the authority to make binding governmental decisions, or is it limited to making nonbinding recommendations). (4) The nature and level of government financial involvement with the entity. (Financial support may include payment of the entity's members or fees as well as provision of facilities, supplies, and other nonmonetary support.) (5) The nature and scope of government control over the entity's operation. (6) The status of the entity's officers and employees (e.g., whether the officers and employees are government officials or government employees). The foregoing list is not intended to be exclusive. Any factor bearing on the character of the entity and the entity's relationship with government may be relevant in determining whether that entity is a "public body" subject to the Inspection of Public Records Law. |
