ORS 192.610
Definitions for ORS 192.610 to 192.690
(1)
“Decision” means any determination, action, vote or final disposition upon a motion, proposal, resolution, order, ordinance or measure on which a vote of a governing body is required, at any meeting at which a quorum is present.(2)
“Executive session” means any meeting or part of a meeting of a governing body which is closed to certain persons for deliberation on certain matters.(3)
“Governing body” means the members of any public body which consists of two or more members, with the authority to make decisions for or recommendations to a public body on policy or administration.(4)
“Public body” means the state, any regional council, county, city or district, or any municipal or public corporation, or any board, department, commission, council, bureau, committee or subcommittee or advisory group or any other agency thereof.(5)
“Meeting” means the convening of a governing body of a public body for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter. “Meeting” does not include any on-site inspection of any project or program. “Meeting” also does not include the attendance of members of a governing body at any national, regional or state association to which the public body or the members belong. [1973 c.172 §2; 1979 c.644 §1](a)
The public body does not have to provide a physical space for the public to attend the meeting; and(b)
If the telephone or video conferencing technology allows the public body to do so, the public body shall record the meeting and make the recording available to the public. This paragraph does not apply to executive sessions.(2)
If the governing body of the public body elects not to use telephone or video conferencing technology or other electronic or virtual means to conduct meetings, all persons attending meetings held in person must maintain social distancing, including maintaining intervals of six feet or more between individuals, wherever possible.(3)
For any executive session at which the media are permitted to attend, whether conducted in person or using electronic or virtual means, the governing body shall provide a means for media to attend the executive session through telephone or other electronic or virtual means.(4)
Notwithstanding ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690) or any other applicable law or policy, any public testimony or comment taken during a meeting need not be taken in person if the public body provides an opportunity to submit testimony or comment by telephone or video conferencing technology, or through other electronic or virtual means, or provides a means of submitting written testimony, including by electronic mail or other electronic methods, and the governing body is able to consider the submitted testimony in a timely manner.(5)
Notwithstanding any requirement that establishes a quorum required for a governing body to act, the minimum number of members of a governing body required for the body to act shall exclude any member unable to attend because of illness due to COVID-19.(6)
If the public health threat underlying the declaration of a state of emergency issued by the Governor on March 8, 2020, or compliance with an executive order issued under ORS 401.165 (Declaration of state of emergency) to 401.236 (Rules) in connection with that emergency, causes a municipal corporation or council of governments to fail to comply with ORS 294.305 (Sections constituting Local Budget Law) to 294.565 (Failure to file copy of required budget, reports or other documents) or 294.900 (“Council of governments” defined) to 294.930 (Authority of Department of Revenue), the municipal corporation or council of governments may make reasonable expenditures for continued operations within the existing or most recently adopted budget, provided that any failure to comply with ORS 294.305 (Sections constituting Local Budget Law) to 294.565 (Failure to file copy of required budget, reports or other documents) or 294.900 (“Council of governments” defined) to 294.930 (Authority of Department of Revenue) is cured as soon as is reasonably practicable.(7)
Notwithstanding ORS 221.770 (Revenue sharing to cities), a city may satisfy the requirements of holding a public hearing under ORS 221.770 (Revenue sharing to cities) (1)(b) and (c) by holding the hearing in accordance with this section and by making certification to the Oregon Department of Administrative Services as soon as is reasonably practicable after the city adopts its budget.(8)
As used in this section:(a)
Terms used in this section have the meanings given those terms in ORS 192.610 (Definitions for ORS 192.610 to 192.690), except that “public body” excludes the state or any board, department, commission, council, bureau, committee, subcommittee, advisory group or other agency of the state.(b)
“Budget” and “municipal corporation” have the meanings given those terms in ORS 294.311 (Definitions for ORS 294.305 to 294.565).(c)
“Council of governments” has the meaning given that term in ORS 294.900 (“Council of governments” defined). [2020 s.s.1 c.12 §1]
Source:
Section 192.610 — Definitions for ORS 192.610 to 192.690, https://www.oregonlegislature.gov/bills_laws/ors/ors192.html.
Attorney General Opinions
City council as “governing body,” (1979) Vol. 39, p 525; county court deliberations on subdivision permit appeal and annexation to translator district, (1980) Vol 40, p 388; application to workshop session of board of special district, (1980) Vol 40, p 458; panel appointed by Governors of Oregon and Washington to assess Washington Public Power Supply System options as subject to Public Meetings Law, (1981) Vol. 42, p 187
Law Review Citations
53 OLR 345, 346, 348, 349, 351 (1974); 58 OLR 521 (1980)
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