Records

ORS 192.680
Enforcement of ORS 192.610 to 192.690

  • effect of violation on validity of decision of governing body
  • liability of members


(1)

A decision made by a governing body of a public body in violation of ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690) shall be voidable. The decision shall not be voided if the governing body of the public body reinstates the decision while in compliance with ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690). A decision that is reinstated is effective from the date of its initial adoption.

(2)

Any person affected by a decision of a governing body of a public body may commence a suit in the circuit court for the county in which the governing body ordinarily meets, for the purpose of requiring compliance with, or the prevention of violations of ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690), by members of the governing body, or to determine the applicability of ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690) to matters or decisions of the governing body.

(3)

Notwithstanding subsection (1) of this section, if the court finds that the public body made a decision while in violation of ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690), the court shall void the decision of the governing body if the court finds that the violation was the result of intentional disregard of the law or willful misconduct by a quorum of the members of the governing body, unless other equitable relief is available. The court may order such equitable relief as it deems appropriate in the circumstances. The court may order payment to a successful plaintiff in a suit brought under this section of reasonable attorney fees at trial and on appeal, by the governing body, or public body of which it is a part or to which it reports.

(4)

If the court makes a finding that a violation of ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690) has occurred under subsection (2) of this section and that the violation is the result of willful misconduct by any member or members of the governing body, that member or members shall be jointly and severally liable to the governing body or the public body of which it is a part for the amount paid by the body under subsection (3) of this section.

(5)

Any suit brought under subsection (2) of this section must be commenced within 60 days following the date that the decision becomes public record.

(6)

The provisions of this section shall be the exclusive remedy for an alleged violation of ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690). [1973 c.172 §8; 1975 c.664 §3; 1979 c.644 §6; 1981 c.897 §42; 1983 c.453 §2; 1989 c.544 §1]

Notes of Decisions

Where reversal would have the effect of voiding the decision, there was no difference between "reverse" and "void." Egge v. Lane County, 21 Or App 520, 535 P2d 773 (1975), Sup Ct review denied

Plaintiffs who alleged that they were residents and employes of defendant school district have standing to bring action under Public Meetings Law. Harris v. Nordquist, 96 Or App 19, 771 P2d 637 (1989)

Members of student organization having goal to educate public about animal exploitation had standing to seek judicial review of alleged violations of Public Meetings Law by university committee taking actions concerning treatment of research animals. Students for Ethical Treatment v. Inst. Animal Care, 113 Or App 523, 833 P2d 337 (1992)

§§ 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