Public Notice Requirements Oregon

Disclosure of a public servant`s or public employee`s performance evaluation generally does not constitute an unreasonable invasion of privacy for the purposes of an exemption from the Public Records Act. [716] This is in contrast to a record of disciplinary action against a public servant or employee, which is conditionally exempt from disclosure under another provision of the Records Act. [717] Notwithstanding the requirements of the Public Records Act, under the Open Meeting Act, a governing body may meet in executive session to discuss the performance of an officer or employee. In addition, the minutes of such an executive meeting may not be disclosed as long as the disclosure would be inconsistent with the purpose of the meeting,[718] although some of the underlying personal records may not be exempt from disclosure. A body empowered to make decisions on behalf of a public body on “policy or administration” is a management body. [578] An institution meets this standard if its decision-making power corresponds to the power to exercise the authority of the state, that is, it is an integral part of the movement of government in an area where it has the power and authority to act. Therefore, a three-member subcommittee, which is only empowered to collect information for the entire committee, is not a governing body. [579] While the subcommittee decides when to meet and what procedures to use to collect and share information, it does not have the power to decide in which direction the government will act on a political or administrative matter. On the other hand, if the subcommittee has the authority to make policies or hiring decisions for a public body, then it is a lead agency. While members of the public can usually record or film public sessions with an open device,[769] we do not believe this is the case for media representatives attending executive sessions. We believe that the President may request media representatives not to record or film executive meetings in order to reduce the likelihood that information discussed during the executive session will be inadvertently disclosed. Can a three-member governing body meet with staff in the performance of their administrative duties without complying with all the summonses and other requirements of the Open Meeting Act? A public body cannot charge a person with a disability for the cost of providing documents in another form of printing, although it may charge a fee for any other “actual cost” that can be reimbursed under the Public Records Act, as it would any other requester.

Special meetings require at least 24 hours` notice to the public, to all media that have requested notification, and to members of the governing body. [627] An “emergency meeting” is a type of special meeting convened less than 24 hours in advance. The governing body must be able to demonstrate a reason why the meeting cannot be postponed to be announced at least 24 hours in advance. There must be a “real emergency” and the minutes of the meeting must describe the urgency that is justified less than 24 hours in advance. [628] Appropriate notice should be given for emergency meetings. [629] The governing body should try to communicate with the media and other interested persons to inform them of the meeting. As a rule, these contacts are made by telephone or e-mail. Can a governing body issue a single opinion for a “continuous meeting” that can last several days? [745] ORS 1.425(2)”. However, the specialized judge has the right to request a public hearing. Id.

The Open Meetings Act applies to any governing body of a public body. District administrative bodies may designate existing bodies to act as local planning committees, identifying needs and prioritizing prevention and treatment services. [589] A private body performing advisory functions to a management body would be subject to the Open Meetings Act. It depends on whether the neighbourhood association concerned is a “governing body of a public body”. In determining whether a neighbourhood association is subject to the Public Assemblies Act, several factors must be analyzed, including the specific responsibilities and powers of that particular neighbourhood association. [672] ORS 192,650(1)(a)–e). The reference to an exempt record does not affect the public body`s ability to invoke the exemption, subsection 192.650(3) of the ORS, but an open discussion of the contents of the record may result in a waiver. One. This is not the case.

However, such notice may be used with press releases and mailing lists to meet notification requirements. All formal actions taken by governing bodies must be taken by public vote. [664] The results of all votes must be recorded. [665] In addition, each member`s vote must be recorded, although individual votes for governing bodies with more than 25 members do not need to be recorded, unless a member makes a request. [666] Although written ballots are not prohibited, the ballot must identify the voting member and the vote must be announced. Secret ballot is prohibited. [667] This prohibition replaces and repeals any local government charter that allows for a secret ballot. [668] Executive sessions should not be confused with meetings that are fully exempt from the Open Meeting Act. An executive session is a type of open session and must comply with all applicable provisions of the Public Assemblies Act (for example, public announcement and keeping minutes or records).

Conversely, there is no need to require tax-exempt sessions. An action must be brought before the district court of the district where the governing body usually meets[779] and must be filed within 60 days of the day on which the decision became public. [780] The applicant must retain private counsel or act pro se (for himself). An action may be brought before a decision concerning the applicant has been taken[781] and is not contested merely because a management body has ceased its inappropriate meeting practices. [782] The right to public participation guaranteed by the Public Assembly Act does not include the right to participate through testimony or public comment. Meetings must be held in places accessible to persons with disabilities and a governing body must make good faith efforts to have an interpreter for persons who are deaf or hard of hearing (at the request of such a person). [646] A “bona fide effort” includes contacting a state or local authority that maintains a list of qualified interpreters[647] and arranging for one or more of these individuals to provide interpretation services. [648] A person`s request for an interpreter must be made at least 48 hours in advance and must include the applicant`s name, preferred sign language and any other relevant information that the managing body may request. [649] Similarly, the written minutes of an executive meeting held by a district school board regarding the exclusion of a minor student from a public school or a student`s confidential medical records should not contain information excluded under subsection 332.061(2) of the ORS.

ORS 192.650(2). Normally, staff meetings are not covered by the Open Meeting Act because no quorum is required.