Bill Text: OR SB47 | 2011 | Regular Session | Introduced

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Bill Title: Relating to public meetings; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB47 Detail]

Download: Oregon-2011-SB47-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 876

                         Senate Bill 47

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Attorney General John
  Kroger for Department of Justice)

                             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.

  Requires certain governing bodies of public bodies to make
audio, audio-video or digital recording of public meetings.
Requires written record of meetings and specifies content of
written record. Requires recordings and related written records
to be available within seven working days of meeting or within
one working day of request to review or inspect, whichever is
later.
  Requires Attorney General to develop training materials to
educate public employees on public meetings law requirements.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to public meetings; creating new provisions; amending
  ORS 192.640, 192.650, 192.660, 293.714 and 414.395; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 192.650 is amended to read:
  192.650. (1)  { + Except as provided in sections 3 and 4 of
this 2011 Act, + } the governing body of a public body shall
provide for the   { - sound, video - }  { +  audio,
audio-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: - }  { + . Any written minutes shall meet the
requirements of section 5 of this 2011 Act. In the absence of
written minutes, a recording must include:
  (a) The identity of the public body;
  (b) The date, time and location of the meeting; and + }
    { - (a) All - }  { +  (c) The names of the + } members of the
governing body present  { - ; - }  { + .

  (2) If recordings are made to meet the requirements of this
section, written records described in section 5 (2)(b) of this
2011 Act must also be maintained. + }
    { - (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 192.410 to 192.505 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 shall contain only
the material not excluded under ORS 332.061 (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 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 192.410 to
192.505. - }
    { - (4) A public body may charge a person a fee under ORS
192.440 for the preparation of a transcript from a recording. - }

  SECTION 2.  { + Sections 3 to 5 of this 2011 Act are added to
and made a part of ORS 192.610 to 192.690. + }
  SECTION 3.  { + (1) Notwithstanding ORS 192.650, a governing
body of any of the following public bodies shall provide for the
audio, audio-video or digital recording of meetings of the
governing body:
  (a) A city, county, school district, education service
district, community college district or community college service
district; or
  (b) A board or commission of state government, as defined in
ORS 174.111.
  (2) A governing body that is subject to the requirements of
this section shall also prepare a written record of the meeting
that meets the requirements of section 5 of this 2011 Act.
  (3) The recording described in subsection (1) of this section
and the written record described in subsection (2) of this
section shall be available for review and inspection within seven
working days of the date of the meeting or within one working day
following a request to review and inspect the recording or
written record by a member of the public, whichever date is
later.
  (4) A public body may charge a person a fee under ORS 192.440
for the preparation of a transcript from a recording.
  (5) Subsection (1) of this section does not apply to a meeting
or part of a meeting that is a hearing held under ORS 332.061,
unless a public hearing has been requested under ORS 332.061 (1).
A nonpublic hearing under ORS 332.061 is subject to the
requirements of ORS 192.650. If a recording is made of a
nonpublic hearing under ORS 332.061, the recording is exempt from
disclosure under ORS 192.410 to 192.505.
  (6) If a provision of law requires a governing body described
in subsection (1) of this section to take or maintain written
minutes of meetings of the governing body, that requirement is
satisfied by taking and maintaining the recordings and written
records described in subsections (1) and (2) of this section. + }
  SECTION 4.  { + (1) Notwithstanding ORS 192.650, a governing
body of a public body shall provide for the audio, audio-video or
digital recording of executive sessions held by the governing
body. To the extent practicable, an executive session shall be
recorded separately from any part of a meeting that is open to
the public.
  (2) A recording of an executive session is confidential and
exempt from disclosure under ORS 192.410 to 192.505 unless a
final and unappealed determination that the recording shows a
violation of ORS 192.610 to 192.690 has been made by one of the
following:
  (a) A court of competent jurisdiction;
  (b) The Oregon Government Ethics Commission;
  (c) The Attorney General in response to a petition under ORS
192.450; or
  (d) A district attorney in response to a petition under ORS
192.460.
  (3) If a public meeting is held entirely in executive session,
then the governing body of a public body shall also prepare a
written record of the meeting that meets the requirements of
section 5 of this 2011 Act.
  (4) A hearing held under ORS 332.061 is not subject to the
requirements of this section, but is subject to ORS 192.650. + }
  SECTION 5.  { + (1) A written record prepared under ORS 192.650
or section 3 or 4 of this 2011 Act shall include at least the
following information:
  (a) The date, time and location of the meeting and the identity
of the governing body;
  (b) A list of the members of the governing body that were
present during the meeting;
  (c) A general description of the matters discussed at the
meeting, including the basis for any executive session, if
appropriate; and
  (d) Subject to ORS 192.410 to 192.505, a reference to any
document discussed at the meeting.
  (2) Written records prepared under ORS 192.650 or section 3 of
this 2011 Act shall also include the following information:
  (a) All motions, proposals, resolutions, orders, ordinances and
measures proposed and their disposition, appearing in the order
they were voted on by the governing body; and
  (b) The results of all votes and, except for governing bodies
consisting of more than 25 members unless requested by a member
of the governing body, the vote of each member by name.
  (3) Written minutes prepared under ORS 192.650 shall also
include the substance of any discussion on any matter.
  (4) To the extent that a written record reflects matters
discussed in executive session, that material is exempt from
disclosure under ORS 192.410 to 192.505 if disclosure would be
inconsistent with the purpose authorizing the executive session.
  (5) Notwithstanding subsections (1) to (3) of this section, the
written record of a nonpublic hearing under ORS 332.061 shall
contain only the material not excluded under ORS 332.061 (2). + }
  SECTION 6. ORS 192.640 is amended to read:
  192.640. (1) The governing body of a public body shall provide
for and give public notice, reasonably calculated to give actual
notice to interested persons including news media   { - which - }
 { +  that + } have requested notice, of the time and place for
holding regular meetings. The notice shall also include a list of
the principal subjects anticipated to be considered at the
meeting, but this requirement shall not limit the ability of a
governing body to consider additional subjects.
  (2) If an executive session only will be held, the notice shall
be given to the members of the governing body, to the general
public and to news media   { - which - }  { +  that + } have
requested notice, stating the specific provision of law
authorizing the executive session.
  (3) No special meeting shall be held without at least 24 hours'
notice to the members of the governing body, { +   + }the news
media
  { - which - }  { +  that + } have requested notice and the
general public. In case of an actual emergency, a meeting may be
held upon such notice as is appropriate to the circumstances, but
the  { + recording or written record of  + }  { - minutes for - }
such a meeting shall describe the emergency justifying less than
24 hours' notice.
  SECTION 7. ORS 192.660 is amended to read:
  192.660. (1) ORS 192.610 to 192.690 do not prevent the
governing body of a public body from holding executive session
during a regular, special or emergency meeting, after the
presiding officer has identified the authorization under ORS
192.610 to 192.690 for holding the executive session.
  (2) The governing body of a public body may hold an executive
session:
  (a) To consider the employment of a public officer, employee,
staff member or individual agent.
  (b) To consider the dismissal or disciplining of, or to hear
complaints or charges brought against, a public officer,
employee, staff member or individual agent who does not request
an open hearing.
  (c) To consider matters pertaining to the function of the
medical staff of a public hospital licensed pursuant to ORS
441.015 to 441.063 including, but not limited to, all clinical
committees, executive, credentials, utilization review, peer
review committees and all other matters relating to medical
competency in the hospital.
  (d) To conduct deliberations with persons designated by the
governing body to carry on labor negotiations.
  (e) To conduct deliberations with persons designated by the
governing body to negotiate real property transactions.
  (f) To consider information or records that are exempt by law
from public inspection.
  (g) To consider preliminary negotiations involving matters of
trade or commerce in which the governing body is in competition
with governing bodies in other states or nations.
  (h) To consult with counsel concerning the legal rights and
duties of a public body with regard to current litigation or
litigation likely to be filed.
  (i) To review and evaluate the employment-related performance
of the chief executive officer of any public body, a public
officer, employee or staff member who does not request an open
hearing.
  (j) To carry on negotiations under ORS chapter 293 with private
persons or businesses regarding proposed acquisition, exchange or
liquidation of public investments.
  (k) If the governing body is a health professional regulatory
board, to consider information obtained as part of an
investigation of licensee or applicant conduct.
  (L) If the governing body is the State Landscape Architect
Board, or an advisory committee to the board, to consider
information obtained as part of an investigation of registrant or
applicant conduct.
  (m) To discuss information about review or approval of programs
relating to the security of any of the following:
  (A) A nuclear-powered thermal power plant or nuclear
installation.
  (B) Transportation of radioactive material derived from or
destined for a nuclear-fueled thermal power plant or nuclear
installation.
  (C) Generation, storage or conveyance of:
  (i) Electricity;
  (ii) Gas in liquefied or gaseous form;
  (iii) Hazardous substances as defined in ORS 453.005 (7)(a),
(b) and (d);
  (iv) Petroleum products;
  (v) Sewage; or
  (vi) Water.
  (D) Telecommunication systems, including cellular, wireless or
radio systems.
  (E) Data transmissions by whatever means provided.
  (3) Labor negotiations shall be conducted in open meetings
unless negotiators for both sides request that negotiations be
conducted in executive session. Labor negotiations conducted in
executive session are not subject to the notification
requirements of ORS 192.640.
  (4) Representatives of the news media { + , including
electronic news media, + } shall be allowed to attend executive
sessions other than those held under subsection (2)(d) of this
section relating to labor negotiations or executive session held
pursuant to ORS 332.061 (2) but the governing body may require
that specified information be undisclosed.
  (5) When a governing body convenes an executive session under
subsection (2)(h) of this section relating to conferring with
counsel on current litigation or litigation likely to be filed,
the governing body shall bar any member of the news media from
attending the executive session if the member of the news media
is a party to the litigation or is an employee, agent or
contractor of a news media organization that is a party to the
litigation.
  (6) No executive session may be held for the purpose of taking
any final action or making any final decision.
  (7) The exception granted by subsection (2)(a) of this section
does not apply to:
  (a) The filling of a vacancy in an elective office.
  (b) The filling of a vacancy on any public committee,
commission or other advisory group.
  (c) The consideration of general employment policies.
  (d) The employment of the chief executive officer, other public
officers, employees and staff members of a public body unless:
  (A) The public body has advertised the vacancy;
  (B) The public body has adopted regular hiring procedures;
  (C) In the case of an officer, the public has had the
opportunity to comment on the employment of the officer; and
  (D) In the case of a chief executive officer, the governing
body has adopted hiring standards, criteria and policy directives
in meetings open to the public in which the public has had the
opportunity to comment on the standards, criteria and policy
directives.
  (8) A governing body may not use an executive session for
purposes of evaluating a chief executive officer or other
officer, employee or staff member to conduct a general evaluation
of an agency goal, objective or operation or any directive to
personnel concerning agency goals, objectives, operations or
programs.
  (9) Notwithstanding subsections (2) and (6) of this section and
 { - ORS 192.650 - }  { +  section 4 of this 2011 Act + }:
  (a) ORS 676.175 governs the public disclosure of minutes,
transcripts or recordings relating to the substance and
disposition of licensee or applicant conduct investigated by a
health professional regulatory board.
  (b) ORS 671.338 governs the public disclosure of minutes,
transcripts or recordings relating to the substance and
disposition of registrant or applicant conduct investigated by
the State Landscape Architect Board or an advisory committee to
the board.
  SECTION 8. ORS 293.714 is amended to read:

  293.714.   { - (1) Notwithstanding ORS 192.650 (1) and (2),
full sound recordings shall be made of every meeting of the
Oregon Investment Council. The full sound recordings shall be
produced on equipment selected by the Oregon Investment Council
for compatibility with equipment for reproduction by the State
Archives. - }
    { - (2) - }   { + In addition to the requirements of section
3 of this 2011 Act, + } the  { + Oregon Investment + } Council
shall maintain a written log of each sound recording that gives a
true reflection of the matters discussed at the meeting and where
those matters are found on the sound recording.
    { - (3) Notwithstanding ORS 192.650 (1) - }  { +
Notwithstanding section 3 of this 2011 Act + }, the council shall
make the full sound recording and written log of each sound
recording of each meeting available to the public prior to the
next regularly scheduled meeting of the council.
  SECTION 9. ORS 414.395 is amended to read:
  414.395. (1) Notwithstanding ORS 192.660, the Drug Use Review
Board may meet in an executive session for purposes of reviewing
the prescribing or dispensing practices of individual physicians
or pharmacists or to discuss drug use review data pertaining to
individual physicians or pharmacists or to review profiles of
individual clients. The   { - meeting - }  { +  executive
session + } is subject to the requirements of   { - ORS 192.650
(2) - }  { +  section 4 of this 2011 Act + }.
  (2) The board shall provide appropriate opportunity for public
testimony at the regularly scheduled board meetings.
  SECTION 10.  { + The Attorney General shall develop training
materials designed to educate public employees on the
requirements of ORS 192.610 to 192.690 and make those materials
available free of charge on the Attorney General's website. + }
  SECTION 11.  { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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