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 2874
Senate Bill 634
Sponsored by Senator CLOSE
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.
Reduces subjects of meetings that governing bodies of public
bodies may conduct in executive session.
A BILL FOR AN ACT
Relating to public meetings; amending ORS 192.660.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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) - } { + (d) + } To conduct deliberations with
persons designated by the governing body to negotiate real
property transactions.
{ - (f) - } { + (e) + } 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) - } { + (f) + } 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) - } { + (g) + } 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) - } { + (h) + } 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) - } { + (i) + } 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) - } { + (j) + } 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 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) - } { + (2)(f) + } 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:
(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.
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