Public Meeting Law
District Training Week
February 2021
Housekeeping
• Please mute your microphone and/or telephone.
• The session will be recorded.
• I am not a lawyer – this is not legal advice.
• Feel free to ask questions at any time via the chat box or
verbally.
• This only scratches the surface of important topics.
• Recordings and reference materials available on ODA
website.
Basic Requirements
• Open to public (executive session exemption)
• Advance notice
• Minutes
• Votes public and recorded
What is a Public Meeting
• Definition of “Public Meeting”
• Convening of governing body
• Deliberate to make a decision or deliberate toward a decision
• Quorum required to make a decision
• Official actions must be taken by open public vote
To what bodies does the law apply?
• State and local government “governing bodies” of “public
bodies.”
• Governing Bodies
• Two or more members of any public body
• Makes decisions or recommendations
• Public Bodies
• Includes municipal corporations (districts), committees,
subcommittees, advisory groups
Do advisory boards, committees,
subcommittees, task forces, etc.
have to comply with Public
Meeting Laws?
• YES: If the group has been given authority by the
board to make recommendations to the board or
make decisions on behalf of the board.
• NO: If the group only provides information not
being used to make a decision by the board.
If the board appoints less than a
quorum of board members to a
committee, do they have to
comply with Public Meeting Laws?
• YES: If the group has been given authority by the
board to make recommendations to the board or
make decisions on behalf of the board.
• NO: If the group only provides information not
being used to make a decision by the board.
What if the board appoints only
one board member to a
committee, do they have to
comply with Public Meeting Laws?
• YES: If the group has been given authority by the
board to make recommendations to the board or
make decisions on behalf of the board.
• NO: If the group only provides information not
being used to make a decision by the board.
What if the board appoints no
board members to a committee
and only staff and members of the
public, do they have to comply
with Public Meeting Laws?
• YES: If the group has been given authority by the
board to make recommendations to the board or
make decisions on behalf of the board.
• NO: If the group only provides information not
being used to make a decision by the board.
If you are at a social gathering or
at a working lunch, do you have to
comply with Public Meeting Laws?
• YES: If attended by a quorum of the governing
body and include discussion of official business.
• NO: If discussions at a social gathering are limited
to non district topics.
Quorum
• ORS 174.130 defines quorum as a majority, and ORS
568.570 states a majority constitutes a quorum.
• Majority of board positions must be present, whether or not
all positions are filled.
• Majority vote of ALL members of a board must occur in
order to make a decision
• Three Yes votes for five member boards regardless of
attendance.
• Four Yes votes for seven member boards regardless of
attendance.
Who may attend?
• Except for executive session, any member of the public
may attend any public meeting.
• Right to attend does not include right to participate.
• Public may record or video tape the meeting.
Executive Session
• A meeting that is closed to certain persons or organizations for
the purpose of discussing sensitive matters.
• Some examples:
• To discuss employment of public officers, employees or agents.
• Discuss the dismissal, discipline, or complaints of public officers
or employees
• Discuss performance evaluations
• Discuss exempt public records
• Consulting with legal counsel
Executive Session
• Chair must announce the statutory authority for the executive
session before going into executive session.
• News media must be allowed to attend, but are barred from
disclosure of discussion unless the board discusses matters
outside the scope of the session.
• Minutes are required, but they may be kept in the form of sound
tape recording.
• If an employee requests a public session for performance
evaluation or discipline matters, the meeting must be held in
public.
• Board may not reach a final decision in executive session. The
board must go to public session to act formally on any matter.
Executive Session
• Violation of Executive Session laws are investigated by
Oregon Government Ethics Commission.
• Civil penalties for violations given to individual board
members.
More detailed sessions at 9am Friday Feb. 19
th
and 6pm
Wednesday Feb. 24
th
.
Electronic Meetings
Pre-Covid…
• Telephone conference calls are permitted.
• Room with “listening” devices must be provided.
• This has been waived during health emergency.
Now days…
• Zoom, GoTo Meeting, Hybrid models
Notice
Regular Meetings
• “Reasonably calculated to give actual notice to interested
persons including news media which have requested notice.”
Special Meetings
• 24 hours notice
Emergency Meetings
• Must attempt to notify media and interested parties. Must
indicate nature of emergency in minutes.
Notice
• Notice must include:
• Time, place & agenda (principle subjects)
• For executive session, must include reference to law
authorizing executive session
• Paid advertising not required
Notice
• Examples of posting notices
• Local media representative
• Press release (not responsible if not published)
• Mailing and/or interested parties list
• Notice boards (not sufficient on its own)
• Website/Facebook (not sufficient on its own)
• Improper notice of meeting is violation of law
• All decisions are void, though can be retroactively reinstated.
Notice
• Annual Meetings and Public Hearings
• “Due Notice”
• Published twice at least seven days apart with one at least 15 days
prior to meeting or hearing.
• “Cause to be Published”
• You have to pay for a legal notice…twice.
Minutes
• Written minutes must be provided of all meetings
• Contents
• All members present
• All motions, proposals, resolutions, orders,
ordinances, and measures and their disposition.
• The result of all votes and the vote of each member
by name.
• The substance of any discussion on any matter (need
not be detailed).
• A reference to any document discussed at the
meeting (subject to public records law).
• Audio recordings of executive sessions generally
need not be transcribed.
Violations
• Can be sued
• Decisions are void
• May be reinstated retroactively
• “Willful misconduct” causes personal liability
• Complaints of executive session provisions
made to Government Ethics Commission.
