Oregon law requires that decisions of governing bodies be arrived at openly. As such, state law contains several requirements which ensure that the meetings of governing bodies at which decisions about the public's business are made or discussed are open to the public. In addition, a local government may also have charter provisions or ordinances which regulate the openness of meetings. Violation of the public meetings law could void a local government decision.

• What is a "Meeting" Subject to the Public Meetings Law?
• Where Must a Public Meeting be Held?
• When May a Meeting be Private?
• Notice
• Minutes

A meeting occurs whenever a "public body" conducts "public business." For purposes of applying the Public Meetings Law to cities, a "public body" is any city council, board, commission, bureau, committee, subcommittee or advisory group created by an official act. However, the Public Meetings Law only applies if the body has the authority to make decisions for a public body, or make recommendations to a public body.

The Public Meetings Law may apply whenever enough members of the "public body" are present. A public body is sufficiently present if a quorum of its members is present. A quorum is, generally, 50% of the members, plus one. For example, a city council with five members has a quorum of three.

"Public business" is conducted whenever the [public body discusses any policy or administrative matters that pertain to the city. As such, if a quorum of city councilors went to the same party, their presence could constitute a meeting (subject to the public meeting laws) if they discuss matters pertaining to the city. However, if the councilors simply enjoyed a social evening together, and did not discuss matters relating to the city, then there would be no "meeting" under the Public Meetings Law.

Where Must a Public Meeting be Held?

Public meetings must be held within the geographical limits of the city. One exception is for "training sessions," so long as a session does not include any discussion of city business. The other exception is where the public body is holding a joint meeting with a public body from another jurisdiction. In that case, the meeting must be held within the geographic boundaries of the area over which one of the bodies has jurisdiction, or at the nearest practical location. Finally, the meeting site cannot be a place where discrimination is practiced, or in a place which is inaccessible to individuals with mobility and other impairments.

When May a Meeting be Private?

In limited circumstances, a governing body may meet in private, or to the exclusion of certain persons. Such exclusive meetings are called "executive sessions." Members of the news media normally cannot be excluded from an executive session. A governing body has the authority to hold an executive session only for one of the specific reasons set out in state statutes. The reasons for city governing bodies to hold executive sessions include:

(a) To discuss the hiring of a new public officer, employee or agent; or the discipline of an existing public officer or employee; (b) To discuss performance evaluations of public officers and employees; (c) To deliberate with a labor negotiator (for this type of executive session, the media may be excluded); (d) To consider exempt public records; (e) To consult with legal counsel concerning legal rights and duties regarding current litigation or litigation likely to be filed ( a news media member may be excluded if she/he is party to the litigation being discussed); or (f) To deliberate with its negotiator in a real property transaction

During an executive session, the body may deliberate and discuss, but state law prohibits it from reaching a final decision during that session. To take action, the governing body must return to an open session.

Notice

The Public Meetings Law requires that notice be given of the time and place of any meeting subject to the law. This may include meetings of subcommittees and advisory committees in addition to city council meetings. For a regular meeting, notice must be reasonably calculated to give actual notice of the time and place of the meting to "interested persons including news media that have requested notice." The notice must include a list of the principal subjects anticipated to be discussed at the meting. However, if an unplanned item comes up at the meeting, it may be addressed. Except in an emergency, all public meetings (including executive sessions) must be called with at least 24 hours prior notice.

Minutes

Minutes of every public meeting must be prepared and approved at a subsequent meeting. At the least, minutes must contain the following information: (a) members present; (b) motions, proposals, resolutions, orders, ordinances, and measures proposed and their disposition; (c) results of all votes; (d) the substance of any discussion on any matter; and (e) a reference to any document discussed at the meeting.