Bill Text: OR HB3513 | 2013 | Regular Session | Introduced

Oregon House Bill 3513 (Prior Session Legislation)

Bill Title: Relating to public meetings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3513 Detail]

Download: Oregon-2013-HB3513-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3934

                         House Bill 3513

Sponsored by Representative HOYLE

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides that matters for which quorum of governing body may
not meet in private for purpose of deciding or deliberating are
limited to budget, fiscal or policy matters. Provides that
certain communication, fact gathering activities or on-site
inspections of property or facilities do not constitute governing
body deciding on or deliberating toward decision. Extends period
during which suit may be brought asserting violation of public
meetings law from 60 to 90 days after date decision becomes
public record.

                        A BILL FOR AN ACT
Relating to public meetings; amending ORS 192.630 and 192.680.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 192.630 is amended to read:
  192.630. (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 to 192.690.
  (2) { + (a) + } A quorum of a governing body may not meet in
private for the purpose of deciding on or deliberating toward a
decision on any  { + budget, fiscal or policy + } matter except
as otherwise provided by ORS 192.610 to 192.690.
   { +  (b) For purposes of this subsection, 'deciding on or
deliberating toward a decision' means the organized acts of a
quorum of a governing body to discuss, work toward or achieve a
final decision on a budget, fiscal or policy matter, but does not
include:
  (A) Communication that is wholly unrelated to the conduct of
the public's business;
  (B) Fact gathering activities; or
  (C) On-site inspections of property or facilities at a location
other than the regularly scheduled meeting room of the governing
body. + }
  (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 predominate use.

  (4) Meetings of the governing body of a public body shall be
held within the geographic boundaries over which the public body
has jurisdiction, or at the administrative headquarters of the
public body or at the other nearest practical location. Training
sessions may be held outside the jurisdiction as long as no
deliberations toward a decision are involved. 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. 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.
  (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.
  SECTION 2. ORS 192.680 is amended to read:
  192.680. (1) A decision made by a governing body of a public
body in violation of 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 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 to 192.690, by members of the governing
body, or to determine the applicability of 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 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 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 - }  { +  90 + } 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 to 192.690.
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