OAR 199-040-0027
Employment of a Public Officer, Employee, Staff Member or Individual Agent
(1)
The purpose of this rule is to provide guidance to a governing body when the governing body holds an executive session permitted by ORS 192.660 (Executive sessions permitted on certain matters)(2)(a): “To consider the employment of a public officer, employee, staff member or individual agent.”(2)
In order to meet the requirements for an executive session permitted by ORS 192.660 (Executive sessions permitted on certain matters)(2)(a), the individual agent whose employment the governing body is considering must be a single person. Some examples may include a city attorney, an accountant or another individual who would perform services on behalf of the public body in the capacity of an agent, even if the prospective individual agent works for a larger firm or company. A firm or business entity that consists of more than one person is not an individual agent, and a governing body shall not consider the employment of a firm or entity in executive session under this section.(3)
When a governing body convenes an executive session to consider employment of a public officer, employee or staff member under ORS 192.660 (Executive sessions permitted on certain matters)(2)(a), the governing body must first fulfill the prerequisites listed in ORS 192.660 (Executive sessions permitted on certain matters)(7)(d). ORS 192.660 (Executive sessions permitted on certain matters)(7)(d) requires that the public body:(a)
Advertise the vacancy;(b)
Adopt regular hiring procedures;(c)
In the case of an officer, offer the public an opportunity to comment on the employment of the officer; and(d)
In the case of a chief executive officer, the governing body must have adopted hiring standards, criteria and policy directives in meetings open to the public in which the public has had the opportunity to comment on the standards, criteria and policy directives.(4)
When a governing body convenes an executive session to consider the employment of an individual agent under ORS 192.660 (Executive sessions permitted on certain matters)(2)(a), it is not required to fulfill the prerequisites listed in ORS 192.660 (Executive sessions permitted on certain matters)(7)(d).
Source:
Rule 199-040-0027 — Employment of a Public Officer, Employee, Staff Member or Individual Agent, https://secure.sos.state.or.us/oard/view.action?ruleNumber=199-040-0027.