1. public meetings section documents: 2020 -01 -30 loc
TRANSCRIPT
Public Meetings Section
2020-01-30 LOC Training Public Meetings.pdf
1.
Documents:
Pu blic M e e t in gs Duties of Public Officials
What is a “Meeting? ”
• A public meeting is the convening of anygoverning body for which a quorum is requiredto make or deliberate toward a decision on anymatter, or to gather information.
• Decisions must be made in public, secret ballotsare prohibited.
• Quorum requirements vary among governingbodies.
NOTICE OF PUBLIC MEETING
In accordance with ORS 192.630 and 192.640, the Board of Directors of the League of Oregon Cities hereby provides publ ic notice that intends to hold a regular meeting at which au persons shall be permitted to attend.
The meeting shall occur:
Date : Time:
Friday, December 6 , 2019 Begins at 10:00 a.m.
Location: Local Government Center, 1201 Court Street NE, Room 118, Salem, Oregon or via Conference Call - Dial 1-800-504-8071 and Enter Access Code 8410998#
The meeting locat ion is accessible to persons with disabilities . A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities shou ld be made at least 48 hours before the meeting . Please contact Patty Mulvihill at (503) 588-6550 to make a request for an interpreter or other accommodations .
The principal subjects anticipated for conside ration during this meeting are denoted in the below Agenda .
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Voti,. Boa.rd Memben: Jake Boone, faneo.• Brown ing, Stew Callaway, Paul O,alme~, O.ve Orot2mann, Drew hrmer, Amand i f rit2, Christin e L,mdber,: (Arrived 9:05 i. m. l, Keith Mays, Timm Slater. Mich.oel Syl,es (A.-rived 9:05 a.m .), Chr isty Wurst er, and Ge0<ge Endicott (i,rlve d it ll :02i. m.}.
Non-Voti11118Nrd Members:
Ell-Offido Put Pres id ents: John McArdle and Pete T•ua~ !Arrived 9:0S il,m.).
Stilff: Mike Cully, Meg.;in Geo 1,:e, Jayme Hafner, Jenl\il Jones, Jim McCiiuley, Patty Mul'1hlll, Tflt<yRutter,,O.a T,"'1inoindSc:ot t Winkl""
Abffnt: G•e& Evans, Scott Oerickson, Paul Azi:,a nd Steve Uffelman,
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Item Bincluded re view of the minutesa ss.oc:iated wit h th e Arne H , 2019 Boord Meeting and Augustl0,20 19 LOCl!o;ordof0ir.,.100Specia,IMe,et; n11, Cuor~ 1 finincia l Rt'port, M~mber and Adm1nistr ati ~ServicesDiYisionRep0<t, l egalR esea rchDiYisionRq>0rtandlitig.,t ion Updilte, Com rnunicahOn$ & Mlf•• eti ng Division R""°'l, llo;ord Sc:hedule~nd loutioffl; for 2020, L0C Equil',' Committtt Upd.l~ and Ex.,.ut~ Oi,.,.1.,.-e.,.,llllltion Pr<Xts._ Copies of th ese items un be vit'wed bV ;occ.,.Wng th e ~ ,d p;ock.t lfUOICLioted Mth ttoi, St"plernber 25, 2019 mulinB,
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What Are the Legal Requirements?
• Notice.
• Within the Public Body’s jurisdiction.
• Accessible location.
• Minutes.
Tri-County Metropolitan Transportation District ofOregon v. Amalgamated Transit Union Local
• The Oregon Supreme Court did two things with this opinion. • A quorum applies to ANY organized body , even if the
body hasn’t established its own quorum.
• The Public Meetings Law applies to “some decision-making of a governing body that does not occur in a ‘meeting’.”
• Solidifies that Serial Meetings are NOT Permitted.
Serial Meetings
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"Wagon Wheel"by lamdogjunkieis licensed underCC BY 2.0
Executive Session
Any meeting or part of a meeting of a city public body which is closed to certain persons for deliberation on certain matters.
This Photo by Unknown Author is licensed under CC BY-NC-SA
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Reasons to Hold an Executive Session
To consider the initial employment of apublic officer,employee or staffmember, but not to fill a vacancy in an electedoffice, or on publiccommittees, commissions or advisory groups.
Reasons to Hold an Executive Session
To consider dismissal or discipline of, or to hearcomplaints or charges broughtagainst a public officer,employee, staff member orindividual agent, unless theperson requests an openhearing.
Reasons to Hold an Executive Session
• To conduct labor negotiations or discuss labor negotiations with negotiator.
• To discuss real estate transactions with negotiator.
• To review security programs related to the security of utilities, telecommunications or data transmissions.
Reasons to Hold an Executive Session
• To consider records exempt from public inspection .
• To consult with your attorney regarding “current litigation or litigation likely to be filed. ”
• To conduct employee evaluations - if the employee does not request an open hearing.
• To conduct trade negotiations where the governing body is competing with governing bodies in other states.
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Adofficviceiaolsf L. egal Counsel Safe Harbor.
How Should Public Participation beHandled?
• Oregon’s Public Meetings Law requirespublic attendance, not public participation
• Exceptions: land use and budgethearings.
• City Charters • City Ordinances • Council or Committee Rules of Procedures
This Photo by Unknown Author is licensed under CC BY
Constitutional Protections • First Amendment to the U.S. Constitution
• Ensures that “debate on public issues should be uninhibited, robust, and wide open. ”
• “Citizens have an enormous first amendment interest in directing speech about public issues tothose who govern their city. ”
• Article I, Section 8 of the Oregon Constitution • Content -based restrictions on speech are not
permitted.
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Time, Place & Manner Restrictions • City councils and commissions can adopt rules that:
• Dictate the time during a meeting when thepublic can comment.
• Establish the particular location in a meetingwhere the public can address the council.
• Limit the topic the public can speak to duringtheir speech.
• Regulate the amount of time each speaker isallowed to talk.
• Inform the public of these rules.
Removing Disruptive People • Actual disruption required.
“Actual disruption means actual disruption. It does not mean constructive disruption, technicaldisruption, virtual disruption, nunc pro tuncdisruption, or imaginary disruption. ”
• Offensive conduct that does not disrupt must be allowed.
• Who is designated in your city to remove disruptive persons?
Arresting Disruptive People
Disorderly Conduct Statutes Prohibits persons from:
• Engaging in violent or threateningbehavior;
• Making unreasonable noise; or • Disturbing lawful assemblies.
Court Decisions No constitutional free speechviolation if the arrest was for disorderly conduct “had as its objective the prevention of someharm within its power to preventor whether its objective was toprevent protected speech.”
This Photo by Unknown Author is licensed under CC BY-NC-SA
Suspending Disruptive PersonsFrom Future Public Meetings
• Oregon Federal District Court = cities cannot “prospectivelyexclude individuals from future public meetings merely becausethey have been disruptive in the past.”
• U.S. 9th Circuit Court of Appeals = “imposing a complete ban” on a person’s entry into a government building “clearlyexceeds the bounds of reasonableness” under the First Amendment.
• Threat to public safety MAYbe an exception to these rules.
