A QUICK REFERENCE GUIDE TO OREGON'S PUBLIC MEETINGS

A QUICK

REFERENCE GUIDE

TO OREGON’S

PUBLIC MEETINGS

LAW

For local and state officials, members

of Oregon boards and commissions, citizens,

and non-profit groups

This guide is published as a public service by

Open Oregon: a Freedom of information Coalition

and the Oregon Attorney General’s office.

Protecting the public’s right to know

A Time Saving Reference

This guide is brought to you free of charge as a joint project

between Open Oregon: A Freedom of Information Coalition and

Oregon Attorney General Hardy Myers. Funding for this booklet

came from the National Freedom of Information Coalition

through a grant from the John S. and James L. Knight

Foundation.

How to Use This Guide

This summary is intended as a quick reference to the Oregon

Public Meetings Law. The entire law may be found in Oregon

Revised Statutes 192.610 to 192.690. Additional information may

be obtained by sending an e-mail request to info@open-

oregon.com or visiting www.open-oregon.com

For a comprehensive analysis of the law, refer to the latest

edition of the Attorney General’s Public Records and Meetings

Manual, available for a nominal fee by calling (503) 378-2992 or

writing to Department of Justice, Administrative Services, 1162

Court Street NE, Salem, Oregon 97301-4096.

What is Open Oregon?

Open Oregon: A Freedom of Information Coalition is a non-profit

educational and charitable organization with a single purpose: to

assist and educate the general public, students, educators, public

officials, media and legal professional to understand and

exercise:

• Their rights to open government.

• Their rights and responsibilities under the Oregon public

meetings and records laws.

• Their rights under the federal Freedom of Information Act.

Open Oregon is a 501(c)(3) non-profit corporation.

The Spirit

of Oregon’s

Public Meetings

Law

Understanding the letter of the Public

Meetings Law is critical. Equally important is

understanding and committing to the spirit

of that law. Public bodies should approach

the law with openness in mind. Open meetings

help citizens understand decisions and build

trust in government. It is better to comply

with the spirit of the law and keep

deliberations open

The Value of Openness

“Government accountability depends

on an open and accessible process.”

•

Hardy Myers

Oregon Attorney General

“Public bodies must conduct business

in public - it’s really that simple.”

•

Bill Bradbury

Oregon Secretary of State

Honorary Co-Chair, Open Oregon

“Oregon needs to protect its tradition

of openness.”

•

Dave Frohnmayer

President, University of Oregon

Honorary Co-Chair, Open Oregon

Oregon’s

Public Meetings Law

“Open government” or “sunshine” laws originally were enacted

nationwide in the early 1970s because of growing public

unhappiness with government secrecy. As a result, every state

and the District of Columbia enacted laws requiring government

to conduct its business openly, rather than behind closed doors.

Open government laws benefit both government and the public.

Citizens gain by having access to the process of deliberation –

enabling them to view their government at work and to

influence its deliberations. Government officials gain credibility

by permitting citizens to observe their information-gathering

and decision-making processes. Such understanding leads to

greater trust in government by its citizens. Conversely, officials

who attempt to keep their deliberations hidden from public

scrutiny create cynicism, erode public trust and discourage

involvement.

Policy

Oregon’s Public Meetings Law was enacted in 1973 to make sure

that all meetings of governing bodies covered by the law are

open to the public. This includes meetings called just to gather

information for subsequent decisions or recommendations.

The law also requires that the public be given notice of the time

and place of meetings and that meetings be accessible to

everyone, including persons with disabilities.

The Public Meetings Law guarantees the public the right to view

government meetings, but not necessarily to speak at them.

Governing bodies set their own rules for citizen participation and

public comment.

Who is covered?

Because questions often arise about what groups must comply

with the public-meetings law, it is useful to look at the definitions

in the law. The law says that any “governing body” of a “public

body” is required to comply. It offers these definitions:

• A

““ppuubblliicc bbooddyy””

is any state, regional, or local governmental

board, department, commission, council, bureau, committee,

subcommittee, or advisory group created by the state constitution,

statute, administrative rule, order, intergovernmental agreement,

bylaw or other official act.

• A

““ggoovveerrnniinngg bbooddyy””

is two or more members of a public body

who have the authority to make decisions for or recommendations

to a public body on policy or administration. A group without

power of decision is a governing body when authorized to make

recommendations to a public body, but not when the

recommendations go to individual public officials.

• A school board must meet in public.

• So must most advisory committees that the school

board creates, such as a budget committee.

• But if the school board chair asks several business leaders

to meet with him to discuss future building needs, that

meeting may be held in private.

Private bodies, such as non-profit corporations, do not have

to comply with the public-meetings law, even if they receive public

funds, contract with governmental bodies or perform public services.

• A school district contracts with Regence BlueCross

BlueShield of Oregon to provide health insurance for district

employees. The BlueCross BlueShield board of directors

is not required to meet in public.

Public agencies contracting with private bodies may require a private

body to comply with the law for pertinent meetings. Federal agencies

are not subject to Oregon’s Public Meetings Law.

Example

What is a Public Meeting?

A public meeting is the convening of any governing body for

which a quorum is required to make or deliberate toward a

decision on any matter, or to gather information. Decisions must

be made in public, and secret ballots are prohibited. Quorum

requirements may vary among governing bodies.

• A county commission’s goal-setting retreat is a public

meeting if a quorum is present and they discuss official

business.

• A training session for the commissioners is not a public

meeting, unless a quorum is present and the commissioners

discuss official business.

• A staff meeting absent a quorum of commissioners,

whether called by a single commissioner or a non-elected

official, is not a public meeting.

Meetings accomplished by telephone conference calls or other

electronic means are public meetings. The governing body must

provide public notice, as well as a location where the public may listen

to or observe the meeting.

Governing bodies must hold their meetings within the geographic

boundaries of their jurisdiction. However, a governing body may meet

elsewhere if there is an actual emergency requiring immediate action or

to hold a training session, when no deliberation toward a decision is

involved.

• A library board is free to rotate meetings at different

libraries in its district, but it may not meet outside its district.

Federal and state law requires that meetings be held in places

accessible to individuals with mobility and other impairments.

Example

What is Exempt from the Law?

On-site inspections, staff meetings and gatherings of

associations to which a public body or its members belong are

not considered public meetings. Chance social gatherings are

not considered meetings as long as no official business is

discussed.

• Three out of five city councilors inspect a new landfill site.

Their inspection does not constitute a public meeting, unless

they deliberate toward a decision on a city matter.

• Later, the three city councilors attend a League of Oregon

Cities conference. Again, this is not a public meeting, unless

the councilors discuss official city business.

• That evening, the three councilors chat during a concert

intermission. As long as they talk about the music, this is

not a public meeting. But it they stray into discussion of

official city business, then it is.

Also exempt from the Public Meetings Law are:

• Meetings of state or local lawyers assistance committees.

• Meetings of medical peer review committees.

• Meetings of multidisciplinary teams reviewing child abuse

and neglect fatalities.

• Judicial proceedings. However, see Oregon Constitution,

Section 10.

• Review by the Workers’ Compensation Board and the

Employment Appeals Board of hearings on contested cases.

• Meetings of the Energy Facility Siting Council when it

reviews and approves security programs.

• The Oregon Health and Science University regarding

presidential selection process, sensitive business matters,

or meetings of faculty or staff committees.

• Mediation by the agricultural mediation service program.

Example

For some entities, the deliberation process alone is exempt, although

information-gathering and decision-making must be public. This applies

to the State Board of Parole, the Psychiatric Security Review Board, and

state agencies conducting hearings on contested cases under the

Administrative Procedures Act.

Notice of Meetings

Governing bodies must give notice of the time, place and agenda

for any regular, special or emergency meeting.

Public notice must be reasonably calculated to give actual notice

to interested persons and media who have asked in writing to be

notified of meetings and general notice to the public at large.

Governing bodies wishing to provide adequate notice should

strive to provide as much notice as possible to ensure that those

wishing to attend have ample opportunity — a week to 10 days

for example.

At least 24-hour notice to members of the governing body, the

public and media is required for any special meeting, unless the

meeting is considered an emergency meeting. Appropriate

notice is required for emergency meetings and should include

phone calls to media and other interested parties. Notice for

emergency meetings must also cite the emergency.

A meeting notice must include a list of the principal subjects to

be considered at the meeting. This list should be specific

enough to permit citizens to recognize matters of interest.

However, discussion of subjects not on the agenda is allowed at

the meeting.

The State Board of Higher Education plans to discuss

building new college campus in Burns. An agenda item

that says “Discussion of public works” would be too

general. Instead, the agenda should say something like

“Discussion of proposed Burns campus.”

Example

Executive Sessions

Governing bodies are allowed to exclude the public – but

generally not the media – from the discussion of certain

subjects. These meetings are called executive sessions.

Executive sessions may be called during any regular, special or

emergency meeting. A governing body may set a meeting solely

to hold an executive session as long as it gives appropriate

public notice. Notice requirements for executive sessions are

the same as for regular, special or emergency meetings.

However, labor negotiations conducted in executive sessions are

not subject to public notice requirements.

Notice of an executive session must cite the specific law that

authorizes the executive session. This authorization also must

be announced before going into the executive session.

Governing bodies may formally specify that the media not

disclose information that is the subject of the executive session.

Governing bodies should not discuss topics apart from those

legally justifying the executive session. Media representatives

may report discussions that stray from legitimate executive

session topics and are not required to inform the governing body

when they intend to do so.

No final action may be taken in executive session. Decisions

must be made in public session. If a governing body expects to

meet publicly to make a final decision immediately after an

executive session, it should try to announce the time of that

open session to the public before the executive session begins.

• City councilors meet in executive session to discuss the

city manager’s performance. A local reporter attends.

During the meeting, the councilors discuss whether the city

should put a bond measure on the next ballot. The reporter

may write a story on the council’s bond-measure discussion,

because that discussion was not allowed under the executive

session rules. The reporter may not write about the city

manager’s performance.

Example

Executive Sessions Criteria

Executive sessions are allowed only for very limited purposes.

Those include:

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employee

or staff member, but not to fill a vacancy in an elected office, or on

public committees, commissions or advisory groups. These sessions

are allowed only if the position has been advertised, standardized

procedures for hiring have been publicly adopted, and the public

has had an opportunity for input on the process. Executive sessions

are not allowed to consider general employment policies.

22.. TToo ccoonnssiiddeerr ddiissmmiissssaall,,

discipline, complaints or charges against a

public official, employee, official, staff or individual agent, unless

that person requests a public hearing.

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eww aanndd eevvaalluuaattee tthhee jjoobb ppeerrffoorrmmaannccee

of a chief executive

officer, or other officer or staff member, unless that person requests

an open hearing. Such evaluation must be pursuant to standards,

criteria and policy directives publicly adopted by the governing body

following an opportunity for public comment. The executive session

may not be used for the general evaluation of agency goals,

objectives, programs or operations, or to issue any directive to

personnel on the same.

44.. TToo ddeelliibbeerraattee wwiitthh ppeerrssoonnss ddeessiiggnnaatteedd ttoo ccoonndduucctt

llaabboorr nneeggo

ottiiaattiioonnss..

The media may be excluded from these

sessions.

55.. TToo ccoonndduucctt llaabboorr nneeggoottiiaattiioonnss

if both sides request that

negotiations be in executive session. Public notice is not required

for such meetings.

66.. TToo ccoonnssiiddeerr rreeccoorrddss

that are exempt by law from public

disclosure.

77.. TToo ccoonnssuulltt wwiitthh ccoouunnsseell

concerning litigation filed or likely to be

filed against the public body. Members of the media that are a

party to that litigation, or represent a media entity that is a party,

may be excluded.

88.. TToo ccoonnssuulltt wwiitthh ppeerrssoonnss ddeessiiggnnaatteedd ttoo nneeggoottiiaattee

real property

transactions.

99.. TToo ddiissccuussss mmaatttteerrss ooff ttrraaddee

when the governing body is in

competition with other states or nations.

1100.. TToo nneeggoottiiaattee wwiitthh aa pprriivvaattee ppeerrssoonn

or business regarding public

investments.

1111.. TToo ddiissccuussss mmaatttteerrss ooff

mmeeddiiccaall ccoommppeetteennccyy

and other matters

pertaining to licensed hospitals.

1122.. TToo ccoonnssiiddeerr iinnffoorrmmaattiioonn oobbttaaiinneedd bbyy aa hheeaalltthh pprrooffeessssiioonnaall

regulatory board or State Landscape Architect Board as part of an

investigation of licensee or applicant conduct.

1133.. TToo ddiissccuussss

iinnffoorrmmaattiioonn rreellaattiinngg ttoo tthhee sseeccuurriittyy ooff::

a nuclear

power plant; transportation of radioactive materials; generation,

storage or conveyance of electricity, gas hazardous substances,

petroleum, sewage or water; and telecommunications and

data transmission.

Media at Executive Sessions

Media representatives must be allowed to attend executive

sessions, with three exceptions. Media may be excluded from:

• Strategy discussions with labor negotiators.

• Meetings to consider expulsion of a student or to discuss

students’ confidential medical records.

• Meetings to consult with counsel concerning litigation

to which the media or media representative is a party.

A governing body may require that specific information not be

reported by the media. This should be done by declaration of

the presiding officer or vote. In the absence of this directive, the

executive session may be reported. Any discussion of topics

apart from those legally justifying the executive session may be

reported by the media.

The media also is free to report on information gathered

independently from executive session, even though the

information may be the subject of an executive session.

• A reporter attends the executive session on the city

council’s discussion of the city manager’s performance.

Afterwards the reporter asks a councilor what she thinks

of the city manager’s performance. She shares her criticism.

The reporter may use that interview to develop a story,

even though the reporter first heard the information

at the executive session.

Minutes

Written, sound, video or digital recording of minutes are required

for all meetings.

The meetings law says minutes must be made available within a

“reasonable time” after each meeting, but does not specify the

time. Generally, this time frame should not exceed three weeks.

Minutes must be preserved for a “reasonable time.” This is

generally interpreted to be at least one year. Minutes of many

governing bodies are subject to records retention rules and

schedules established by the State Archivist.

MMiinnuutteess mmuusstt iinnddiiccaattee::

• Members present

• All motions, proposals, resolutions, orders, ordinances

and measures proposed and their disposition.

• The result of all votes by name of each member (except

for public bodies consisting of more than 25 members).

No secret ballots are allowed.

• The substance of discussion on any matter.

• A reference to any document discussed at the meeting.

Minutes are not required to be a verbatim transcript and the

meeting does not have to be tape recorded unless so specified

by law. Minutes are public record and may not be withheld from

Example

the public merely because they will not be approved until the

next meeting. Minutes of executive sessions are exempt from

disclosure under the Oregon Public Records Law.

Governing bodies are allowed to charge fees to recover their

actual cost for duplicating minutes, tapes and records. A person

with a disability may not be charged additional costs for

providing records in larger print.

Enforcement

County district attorneys or the Oregon Attorney General’s

Office may be able to answer questions about possible public

meetings law violations, although neither has any formal

enforcement role and both are statutorily prohibited from

providing legal advice to private citizens.

Any person affected by a governing body’s decision may file a

lawsuit in circuit court to require compliance with or prevent

violations of the Public Meetings Law. The lawsuit must be filed

within 60 days following the date the decision becomes public

record.

The court may void a governing body’s decision if the governing

body intentionally or willfully violated the Public Meetings Law,

even if the governing body has reinstated the decision in a

public vote. The court also may award reasonable legal fees to a

plaintiff who brings suit under the Public Meetings Law.

Complaints of executive session violations may be directed to

the Oregon Government Ethics Commission, 3218 Pringle Road

SE, Suite 220, Salem OR, 97302-1544; 503-378-5105, for review,

investigation and possible imposition of civil penalties.

Members of a governing body may be liable for attorney and

court costs both as individuals or as members of a group if

found in willful violation of the Public Meetings Law.

For additional copies of this guide or information

about Open Oregon, contact:

Open Oregon: A Freedom of information Coalition

PO Box 172, Portland, Oregon 97207-0172

info@open-oregon.com

www.open-oregon.com

Additional resources:

•• OOrreeggoonn AAttttoorrnneeyy GGeenneerraall’’ss PPuubblliicc RReeccoorrddss aanndd MMeeeettiinnggss MMaannuuaall

, available by

calling 503-378-2992 or writing to Department of Justice, 1162 Court Street NE,

Salem, OR 97301-4096; www.doj.state.or.us/oregonians/pubs.shtml

•• OOrreeggoonn RReevviisseedd SSttaattuurreess 119922..661100 t

too 116622..669900

, the Oregon Public Meetings Law,

available in most libraries and on the internet at .www.leg.state.or.us.

•• OOrreeggoonn NNeewwssppaappeerr PPuubblliisshheerrss AAssssoocciiaattiioonn

, 503-624-6397. Offers legal advice

to member newspapers and general information about public records and

meetings requirements; www.orenews.com

•• LLeeaagguuee ooff OOrreeggoonn CCiittiieess

, 1201 Court St. NE, Salem, OR 97301. 503-588-6550;

www.orcities.org

•• AAssssoocciiaattiioonn oof

f OOrreeggoonn CCoouunnttiieess

, 1201 Court St. NE, Salem, OR 97301. 503-585-

8351; www.aocweb.org

•• OOrreeggoonn SScchhooooll BBooaarrddss AAssssoocciiaattiioonn

, 1201 Court St. NE, Salem, OR 97301. 503-

588-2800; www.osba.org

•• SSppeecciiaall DDiissttrriiccttss AAssssoocciiaattiioonn ooff OOrreeggoonn

, PO Box 12613, Salem, OR 97301-0613,

503-371-8667; www.sdao.com

November 2007

OOppeenn OOrreeggoonn BBooaarrdd ooff DDiirreeccttoorrss

HHoonnoorraarryy ccoo--cchhaaiirrss

• Dave Frohnmayer,

President, University of Oregon

• Bill Bradbury, Oregon Secretary of State

DDiirreeccttoorrss::

• Bryan Brumley, President, Bureau Chief,

The Associated Press

• Lisa Phipps, Vice President, Mayor,

Rockaway Beach

• Kenneth Lewis, Treasurer,

Portland Attorney

• Judson Randall, Secretary,

Adviser, Student Publications,

Portland State University

• Diana Banning, Portland City Archivist

• Duane Bosworth, Attorney,

Davis Wright Tremaine

• Therese Bottomly,

Managing Editor, The Oregonian

• Nick Budnick,

Society of Professional Journalists

• Tim Doran, Editor,

The Bulletin, Bend, Oregon

• Cindy Gibbon, Multnomah County Library

• Tim Gleason, Dean, University of

Oregon School of Journalism

• Mary Beth Herkert,

Oregon State Archivist

• Laurie Hieb, Executive Director, Oregon

Newspaper Publishers Association

• Gail Holmes, League of Women Voters

• Phil Keisling, Former Oregon Secretary

of State, Pro DX

• Kevin Neely, C&E Systems

• Norman Turrill, League of Women Voters

AA FFrreeeeddoomm ooff IInnffoorrmmaattiioonn CCooaalliittiioonn

P.O. Box 172

Portland, Oregon 97207-0172

Protecting the public’s right to know