Records

ORS 192.650
Recording or written minutes required

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(1)

The governing body of a public body shall provide for the sound, video or digital recording or the taking of written minutes of all its meetings. Neither a full transcript nor a full recording of the meeting is required, except as otherwise provided by law, but the written minutes or recording must give a true reflection of the matters discussed at the meeting and the views of the participants. All minutes or recordings shall be available to the public within a reasonable time after the meeting, and shall include at least the following information:

(a)

All members of the governing body present;

(b)

All motions, proposals, resolutions, orders, ordinances and measures proposed and their disposition;

(c)

The results of all votes and, except for public bodies consisting of more than 25 members unless requested by a member of that body, the vote of each member by name;

(d)

The substance of any discussion on any matter; and

(e)

Subject to ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) relating to public records, a reference to any document discussed at the meeting.

(2)

Minutes of executive sessions shall be kept in accordance with subsection (1) of this section. However, the minutes of a hearing held under ORS 332.061 (Hearing to expel minor students or to examine confidential records) shall contain only the material not excluded under ORS 332.061 (Hearing to expel minor students or to examine confidential records) (2). Instead of written minutes, a record of any executive session may be kept in the form of a sound or video tape or digital recording, which need not be transcribed unless otherwise provided by law. If the disclosure of certain material is inconsistent with the purpose for which a meeting under ORS 192.660 (Executive sessions permitted on certain matters) is authorized to be held, that material may be excluded from disclosure. However, excluded materials are authorized to be examined privately by a court in any legal action and the court shall determine their admissibility.

(3)

A reference in minutes or a recording to a document discussed at a meeting of a governing body of a public body does not affect the status of the document under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department).

(4)

A public body may charge a person a fee under ORS 192.324 (Copies or inspection of public records) for the preparation of a transcript from a recording. [1973 c.172 §5; 1975 c.664 §1; 1979 c.644 §4; 1999 c.59 §44; 2003 c.803 §14]

Notes of Decisions

This section does not purport to require or authorize public officials to make statements outside of public proceedings or to extend an absolute privilege to officials who choose to do so. Adamson v. Bonesteele, 58 Or App 463, 648 P2d 1352 (1982), aff'd295 Or 815, 671 P2d 693 (1983)

This statute does not create a duty of public official to speak to the public through the press. Adamson v. Bonesteele, 295 Or 815, 671 P2d 693 (1983)

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 192.630. Harris v. Nordquist, 96 Or App 19, 771 P2d 637 (1989)

This section requires that minutes of executive sessions be kept for reasonable time, and one year is reasonable. Harris v. Nordquist, 96 Or App 19, 771 P2d 637 (1989)

Atty. Gen. Opinions

Recording and making available to public all votes of "governing bodies," (1979) Vol 39, p 525

§§ 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

Last accessed
Jun. 26, 2021