ORS 192.630
Meetings of governing body to be open to public; location of meetings; accommodation for person with disability; interpreters

(1)

All meetings of the governing body of a public body shall be open to the public and all persons shall be permitted to attend any meeting except as otherwise provided by ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690).

(2)

A quorum of a governing body may not meet in private for the purpose of deciding on or deliberating toward a decision on any matter except as otherwise provided by ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690).

(3)

A governing body may not hold a meeting at any place where discrimination on the basis of race, color, creed, sex, sexual orientation, national origin, age or disability is practiced. However, the fact that organizations with restricted membership hold meetings at the place does not restrict its use by a public body if use of the place by a restricted membership organization is not the primary purpose of the place or its predominant use.

(4)

(a) Meetings of the governing body of a public body shall be held:

(A)

Within the geographic boundaries over which the public body has jurisdiction;

(B)

At the administrative headquarters of the public body;

(C)

At the nearest practical location; or

(D)

If the public body is a state, county, city or special district entity, within Indian country of a federally recognized Oregon Indian tribe that is within the geographic boundaries of this state. For purposes of this subparagraph, “Indian country” has the meaning given that term in 18 U.S.C. 1151.

(b)

Training sessions may be held outside the jurisdiction as long as no deliberations toward a decision are involved.

(c)

A joint meeting of two or more governing bodies or of one or more governing bodies and the elected officials of one or more federally recognized Oregon Indian tribes shall be held within the geographic boundaries over which one of the participating public bodies or one of the Oregon Indian tribes has jurisdiction or at the nearest practical location.

(d)

Meetings may be held in locations other than those described in this subsection in the event of an actual emergency necessitating immediate action.

(5)

(a) It is discrimination on the basis of disability for a governing body of a public body to meet in a place inaccessible to persons with disabilities, or, upon request of a person who is deaf or hard of hearing, to fail to make a good faith effort to have an interpreter for persons who are deaf or hard of hearing provided at a regularly scheduled meeting. The sole remedy for discrimination on the basis of disability shall be as provided in ORS 192.680 (Enforcement of ORS 192.610 to 192.690).

(b)

The person requesting the interpreter shall give the governing body at least 48 hours’ notice of the request for an interpreter, shall provide the name of the requester, sign language preference and any other relevant information the governing body may request.

(c)

If a meeting is held upon less than 48 hours’ notice, reasonable effort shall be made to have an interpreter present, but the requirement for an interpreter does not apply to emergency meetings.

(d)

If certification of interpreters occurs under state or federal law, the Oregon Health Authority or other state or local agency shall try to refer only certified interpreters to governing bodies for purposes of this subsection.

(e)

As used in this subsection, “good faith effort” includes, but is not limited to, contacting the department or other state or local agency that maintains a list of qualified interpreters and arranging for the referral of one or more qualified interpreters to provide interpreter services. [1973 c.172 §3; 1979 c.644 §2; 1989 c.1019 §1; 1995 c.626 §1; 2003 c.14 §95; 2005 c.663 §12; 2007 c.70 §52; 2007 c.100 §21; 2009 c.595 §173; 2017 c.482 §1; 2019 c.286 §1]

Notes of Decisions

Agency may not deny licensee public hearing on proposed disciplinary action. Spray v. Board of Medical Examiners, 50 Or App 311, 624 P2d 125 (1981), as modified by 51 Or App 773, 627 P2d 25 (1981)

This section does not prevent collective bargaining agreement previously reached through negotiations from being enforceable against employer. South Benton Ed. Assn. v. Monroe Union High, 83 Or App 425, 732 P2d 58 (1987), Sup Ct review denied

Where evidence showed only that quorum of public body gathered in private for social purposes and no evidence showed that any decisions or deliberations toward decisions occurred at those gatherings trial court did not err in granting defendants’ motion for summary judgment on claims brought under this section and ORS 192.650. Harris v. Nordquist, 96 Or App 19, 771 P2d 637 (1989)

Entity making recommendations to individual officer of public body is not making recommendation to “public body.” Independent Contractors Research Institute v. Department of Administrative Services, 207 Or App 78, 139 P3d 995 (2006), Sup Ct review denied

Prohibition that quorum of governing body not “meet” in private for purpose of deliberation may apply to deliberation other than “meeting.” TriMet v. Amalgamated Transit Union Local 757, 362 Or 484, 412 P3d 162 (2018)

Quorum is concept applying to every organized public body. TriMet v. Amalgamated Transit Union Local 757, 362 Or 484, 412 P3d 162 (2018)

Atty. Gen. Opinions

Application of section to Tri Agency Dog Control Authority, (1977) Vol 38, p 1584

Law Review Citations

53 OLR 345, 349 (1974)

§§ 192.610 to 192.690

Notes of Decisions

A retained labor negotiator is neither a member of a public body nor a governing body, and ORS 192.610 to 192.690 therefore have no applicability to negotiations conducted by a retained negotiator. Southwestern Oregon Publishing Co. v. Southwestern Oregon Community College Dist., 28 Or App 383, 559 P2d 1289 (1977), Sup Ct review denied

Atty. Gen. Opinions

Secret ballot under “Public Meeting Law,” (1974) Vol 37, p 183; quality of openness in public meetings of public governing bodies, (1976) Vol 38, p 50; information-gathering sessions as public meetings, (1977) Vol 38, p 1471; Home-rule cities and counties as subject to Public Meetings Law, (1980) Vol 41, p 28; Deliberation of Land Use Board of Appeals following hearings as subject to Public Meetings Law, (1980) Vol 41, p 218; Application of Public Meeting Law to meeting of Multnomah County Committee for Indigent Defense Certification, (1981) Vol 41, p 417; Discussion of salaries of public body in executive session, (1982) Vol. 42, p 362; Student government committees recommending fee assessments and allocations as subject to Public Meetings Law, (1984) Vol 44, p 69; Oregon Medical Insurance Pool is fundamentally private-sector body, under virtually total private control, created by state to fulfill public purpose and is not state agency or public corporation subject to

Public Meetings Law, (1989) Vol 46, P 155

Law Review Citations

53 OLR 339-354 (1974); 55 OLR 519-536 (1976)

Chapter 192

Atty. Gen. Opinions

Attorney General’s Public Meetings and Records Manual, (1973) Vol 36, p 543; public meetings and records manual, (1976) Vol 37, p 1087; prohibition on disclosing marriage records, (1998) Vol 49, p 21

Source
OR Legislature
Last accessed
May. 15, 2020
REMOVE ADS