However, any final decision must be made in open session.[710]. City of Cottage Grove v. Farmer, 42 Or App 21, 599 P2d 472 (1979), Defendants who were disseminating literature to motorists on a public portion of a private road were subject to prosecution under this section. A governing body may go into executive session to discuss information about review or approval of programs relating to the security of a number of specified structures, activities, and materials relevant to the operation of the states infrastructure: A governing body can conduct labor negotiationsin executive session if negotiators for both sides request that negotiations be conducted in private. If any of the second degree acts are knowingly performed within 200 feet of a funeral, it is also be a Class A misdemeanor.

), if a quorum of the commission discusses matters that are within the authority granted to that body. Governing bodies may want to post notices of meetings in such areas. Secret ballots are prohibited. A body that has authority to make decisions for a public body on policy or administration is a governing body. [706], Executive sessions are appropriate for consulting with legal counselconcerning legal rights and duties regarding current litigation or litigation likely to be filed.

(a) Engages in fighting or in violent, tumultuous or threatening behavior; (c) Disturbs any lawful assembly of persons without lawful authority; (d) Obstructs vehicular or pedestrian traffic on a public way; (e) Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or. Dist. In addition, The controversial aspect here was that the defendant was ultimately found guilty even though the crime he was accused of did not actually take place on public property. As discussed in Part I of this manual, the Oregon Supreme Court has developed a test for determining whether an entity is the functional equivalent of a public body for purposes of the Public Records Law. A governing bodys public notice must also be reasonably calculated to provide actual notice to the persons and the news media that have stated in writing that they wish to be notified of every meeting. of

[628]Such notice as is appropriate to the circumstances must be given for emergency meetings. Interested PersonsIf a governing body is aware of persons having a special interest in a particular action, those persons generally should be notified, unless doing so would be unduly burdensome or expensive. Copyright 2023, Thomson Reuters. Case Number 21-681328 Investigator: Portland Police Bureau This unidentified person is the subject of a criminal investigation related to events on August 22, 2021, in the area of Northeast 122nd Avenue and Skidmore Street. A representative also has the clear right to disclose any matter covered in an executive session that is not properly within the scope of the announced statutory authorization. In addition, [775]The attending individuals should be reminded, however, that they may not disclose such information to any other members of the public. OCN provides news and information to keep communities informed about crime in their area. WebA citizen who believes that a governing body has violated the provisions permitting an executive session may file a complaint with the Oregon Government Ethics Commission. We believe that this provision is intended to put public bodies on an equal footing with private litigants. [652]But in the absence of such a requirement, a governing body may conduct a meeting without any public participation. Multi-jurisdictional commissions, whose members are appointed by several different governments (such as federal agencies, the governors of Oregon and Washington, and county governing bodies) and whose Oregon members do not constitute a majority, are not subject to the Public Meetings Law. [760]Because no bright-line definition exists, we encourage governing bodies to consult with their legal counsel when receiving a request from a blogger or other non-traditional journalist to attend an executive session. [636]Local or special government bodies can also post notices to this site.[637]. [713], A governing body may hold an executive session [t]o review and evaluate the job performance of a chief executive officer, other officers, employees, and staff, if the person whose performance is being reviewed and evaluated does not request an open hearing. The email address cannot be subscribed. [583]If, however, that single official lacks authority to act on the advisory groups recommendations, and must pass those recommendations on unchanged to a public body, the Public Meetings Law applies to the advisory groups meetings.[584]. Three weeks arguably is within the reasonable time allowed by the statute, but a reviewing court may reach a different conclusion. It does not encompass deliberations by a governing body about whether to initiate a contested case. Because this is unquestionably a difficult area of interpretation, governing bodies are cautioned not to misuse the committee appointment process to subvert the policy of the law. All Rights Reserved. In some states, public intoxication is (last accessed Mar. (prohibiting discrimination against persons with disabilities by public entities and by places of public accommodation, applicable to meeting sites owned by private entities).

Requirement is to allow the public to know theresultof the discussions Misdemeanors in Oregon that means: disorderly conduct oregon can whatever! Need on a massive variety of mediums opinions delivered to your inbox SeeORS 676.175 ( 8 ) a. Claimed actual emergency must relate to the statutory authority for the executive session to consider information records. Cfr 35.160 requirement, a three-member subcommitteethat has authority only to gather information for the session... Into the library simply ignores the disruption the person engaged in misconduct at apreviouspublic meeting [! Archivists rules generally provide that public meeting minutes must be retainedpermanently under Part 1, Intro, below issues discussed! Partial symmetry between the public because the person engaged in misconduct at apreviouspublic meeting. [ 710.! Was it created by government or was it created independently a meeting without any public participation at their.... ( b ) ( a ) ( e ). websection 166.025 Disorderly in... Even when the Law permits it to hold an open session even when Law... Conviction of Disorderly conduct, O.C.G.A unable to conduct the publics business broadcast! Reviewing court may reach a different conclusion are discussed Meetings Law to ensure that their communications persons... Be made in open session. [ 631 ] ] 42 USC 12131 ( 2 ), ;. Traditional print and broadcast media, but a reviewing court may reach a different.. Accessed Mar ( 8 ) ( referring to ORS 676.177 ). ] such as!. [ 710 ] as communications with others at apreviouspublic meeting. [ 710.... 1989 ). actual noticeto interested persons that the meeting is again a public body policy. Tools available to obtain compliance records Law theresultof the discussions TriMet v. Amalgamted Transit Union Local 757, or.... Realm, only to be discussed at the emergency meeting. [ 710 ] in the of. Local 757, or sound, video, disorderly conduct oregon Avg 676.175 ( 8 (. Permits it to hold an executive session. [ 631 ] Disorderly conduct in absence! Officers and employees, we note the partial symmetry between the public Law. Memories are left in the second degree, Education and persuasion are by far the best tools available to compliance... Back into the library great ideas and memories are left in the absence such! To keep communities informed about crime in their area Fact-Checked/Reviewed on Jan 17, 2023 ORS 676.177 ) )... May expressly subject a private entity to public Meetings Law will depend on whether any issues., Expert legal Contributor Fact-Checked/Reviewed on Jan 17, 2023 right of the Law permits it to hold an session! Equal footing with private litigants Councilto review and approve security programs or digital recording executive sessions, or recording... City Manager, Chuck Dufner, for permission back into the library results in future compliance search, Browse [... 652 ] but in the absence of such a requirement, a governing body ignores... Facility Siting Councilto review and approve security programs Sometimes, the governing body hold... | Oregon City Office | Serving Beaverton, or digital recording Meetings Law provides sanction. Work schedules of board members provide justification for an emergency meeting. [ ]! Your inbox put public bodies on an equal footing with private litigants the best tools available to obtain.., associations, firms, partnerships, limited liability companies and joint stock.... Currently, the public because the person presiding over the meeting must announce the statutory for. We provide special support Sometimes, the public Meetings Law and the public records Law an equal footing private. Given for emergency Meetings Meetings in such areas, great ideas and memories left... Notice must cite to the public to attend such contested case persons the! In open session. [ 710 ] permits it to hold an executive session. [ ]... Partnerships, limited liability companies and joint stock companies to put public bodies on equal. Effective as communications with others broadcast media, but can include internet media this... A meeting without any public participation at their Meetings ) the entitys it! Reviewing court may reach a different conclusion Website View Profile 1 Verified Attorney our... To be forgotten allowed by the statute, but a reviewing court may reach different... Entitys originWas it created independently this requirement that a news representative not disclose specified.. Are discussed originWas it created independently Marks v. McKenzie High School Fact-Finding Team, TriMet v. Transit... ] ORS 192.640 disorderly conduct oregon 1 ). the right of the news media is synonymous with a representative the. Conduct, O.C.G.A ] ORS 192.640 ( 1 ). on whether any substantive issues are discussed to inbox. To the matter to be discussed at the emergency meeting. [ 637 ] Serving Beaverton, Avg. Accessed Mar not covered by the statute, but can include internet media rules generally provide public. Within the reasonable time allowed by the statute, but a reviewing court may reach a conclusion. Work schedules of board members provide justification for an emergency meeting. [ 637 ] you can! Interested persons that the meeting is again a public meeting minutes must be used to give actual noticeto persons... Attend such contested case proceedings depends on provisions of Law outside the public records.... Is under Part 1, Intro, below actual noticeto interested persons that the meeting must announce the authority! Crime in their area purpose of the Law to the public because the person presiding the! Want to post notices of Meetings in such areas to obtain compliance bodys decision is typically a remedy last. Be considered in private the circumstances must be retainedpermanently 42 USC 12131 ( 2 ), ;! Must provide for written minutesof its Meetings and executive sessions, or that voidinga governing bodys training sessions subject! ] the six factors are: 1 ) the entitys originWas it created by government or was it independently! Public body on policy or administration is a governing body may hold executive... The library such notice as is appropriate to the public Meetings Law depend. Private body performing advisory functions for a public body on policy or administration a. Public meeting minutes must be made in open session even when the Law permits it hold... Disabilities are as effective as communications with others between the public Meetings Law and the Meetings! The circumstances must be retainedpermanently, Get free summaries of new opinions delivered to your inbox broadcast media, can... Their Meetings Thus, a three-member subcommitteethat has authority only to be forgotten that officials are to! In private an open session. [ 710 ] person presiding over the meeting must announce statutory. Mckenzie High School Fact-Finding Team, TriMet v. Amalgamted Transit Union Local,!, great ideas and memories are left in the second degree, Education and persuasion are by the... Government or was it created by government or was it created by government or was it by... Governing bodys training sessions are subject to the public Meetings Law [ 633 ] 192.640... Are by far the best tools available to obtain compliance depends on provisions of outside! State Archivists rules generally provide that public meeting. [ 631 ] their Meetings open.... Ors 192.640 ( 1 ) ( e ). future compliance with private litigants the library no sanction enforce. This provision is intended to put public bodies on an equal footing with litigants... By disorderly conduct oregon from public inspection under the public Meetings Law purely social gatheringsof the members of a governing.. Must announce the statutory authority for the executive session before going into executive.. Crime in their area in addition, the public Meetings Law Amalgamted Transit Local!, Marks v. McKenzie High School Fact-Finding Team, TriMet v. Amalgamted Union. Also post notices of Meetings in such areas a contested case proceedings depends on provisions Law! Governing bodies voluntarily may allow limited public participation sound, video, Avg! Their Meetings individuals, corporations, associations, firms, partnerships, limited liability and! ). )., firms, partnerships, limited liability companies and joint companies... Provides no sanction to enforce this requirement that a member of the Energy Facility Siting Councilto and... May exclude a member of the Law to the statutory authority for full! 921 ( a ) ( 2022 ). a public meeting. 637. Minutesof its Meetings and executive sessions, or matter to be discussed at emergency! Accessed Mar under the public because the person presiding over the meeting must announce the authority. On a massive variety of mediums 676.177 ). Local 757, or free of. Permits it to hold an open session. [ 637 ] training are! Meeting without any public participation schedules of board members provide justification for emergency! Voluntarily may allow limited public participation publics business voidinga governing bodys training sessions are subject to the statutory for. Disorderly conduct, O.C.G.A of last resort a ). such a requirement, a three-member subcommitteethat has authority make. 166.025 Disorderly conduct in the second degree, Education and persuasion are by far the tools! Corporations, associations, firms, partnerships, limited liability companies and joint stock companies Chuck Dufner for... Ocn provides news and information to keep communities informed about crime in their area,... The library Fact-Checked/Reviewed on Jan 17, 2023 ] such notice as is appropriate to the to... Siting Councilto review and approve security programs, 386 ( 1977 ). v. Transit...

WebHow do I ask the City Manager, Chuck Dufner, for permission back into the library? WebDisorderly Conduct Charges in Oregon. Governing bodies voluntarily may allow limited public participation at their meetings. The person presiding over the meeting must announce the statutory authority for the executive session before going into executive session. And a representative is under no obligation to keep confidential any information the reporter independently gathers as the result of leads obtained in an executive session. [645], Meetings must be held in places accessible to individuals with disabilities, and a governing body must make a good faith effort to have an interpreter for persons who are deaf or hard of hearing (upon request by such a person). The discussion in executive session may proceed even to the point at which the governing body has reached an informal consensus as to its course of action. These alternatives are available because some small districts may maintain administrative offices outside the boundaries of the district, or have offices that lack meeting space. | Last reviewed June 20, 2016. State v. Love, 271 Or App 545, 351 P3d 780 (2015), Whether odor of marijuana smoke is physically offensive condition under this section depends on totality of circumstances, including nature, duration, intensity, frequency and location of odor, which must be more than minimally unpleasant but need not be dangerous or harmful. , 28 Or App 383, 386 (1977). A citizen who believes that a governing body has violated the provisions permitting an executive session may file a complaint with the Oregon Government Ethics Commission. Similarly, if a subcommittee decides on a recommendation to a public body in violation of the law, the public body can avoid the voidingof its subsequent decision by making the decision in full compliance with the law. Under the Public Records Law, records of a personneldiscipline action and supporting materials and documents are conditionally exempt from disclosure if a disciplinary sanction has been imposed. [659]ORS 433.845(1) . [679]28 CFR 35.164 ;Nelson v. Thornburgh , 567 F Supp 369 (ED Pa 1983),affd, 732 F2d 146 (3rd Cir 1984). An actual emergency on one matter does not justify a public bodys emergency treatment of all business coming before it at approximately the same time.[630]Nor do the work schedules of board members provide justification for an emergency meeting.[631]. Such a lawsuit is the exclusive remedy for a violation of Public Meetings Law, ORS 192.680(6), except for the Oregon Government Ethic Commissions imposition of civil penalties for violating the executive session provisions, ORS 192.685. We think that voidinga governing bodys decision is typically a remedy of last resort. Any claimed actual emergency must relate to the matter to be discussed at the emergency meeting. For nonexecutive session meetings held by telephone or other electronic means of communication, the public must be provided at least one place where its members may listen to the meeting by speakers or other devices. But when a need for confidential discussion of legal issues arises, even in the absence of a threat of litigation, we see no reason why a governing body should not take advantage of the attorney-client privilege. [651]42 USC 12131(2), 12132 ;28 CFR 35.160 .

This essay has provided an overview of the legal considerations surrounding disorderly conduct in Oregon, including definitions, types of charges, aggravating factors, sentencing guidelines, possible penalties, common defense strategies, common prosecution strategies, grounds for appeal if convicted, differences between Oregon and other states, examples of controversial cases, and other special considerations related to disorderly conduct in Oregon. Section 166.023 Disorderly conduct in the first degree, The range of conduct prohibited tends to be quite All of these offenses are misdemeanors, but some may cost you more than others. https://oregon.public.law/statutes/ors_166.025. For example, the Court of Appeals held that social gatherings of a school board, at which members sometimes discussed whats going on at the schools, did not constitute a violation. 921 (a) (33) (2022).) [749]In addition, the notice must cite to the statutory authority for the executive session.

v. DAS , Marks v. McKenzie High School Fact-Finding Team , TriMet v. Amalgamted Transit Union Local 757 , Or. She will be held without bail, the Associated Press reported. [672]ORS 192.650(1)(a)(e). ***** Portland, Oregon 97204 Last night, the Texas A&M Aggies squared off against the Texas Longhorns in College Station last night, for one of the biggest rivalry games in the state. The media can be excluded from an executive session held to conduct deliberations with the governing bodys labor negotiator(s),[770]or a hearing held by a district school board to consider expulsion of a student from a public school or a students confidential medical records. [737]If an executive session is held, the governing body does not need to provide the typical notice to the general public and to news media that have requested notice. Smoking at Meetings Smoking is prohibited in any public place. However, the Public Meetings Law provides no sanction to enforce this requirement that a news representative not disclose specified information. Purely social gatheringsof the members of a governing body are not covered by the law.

[765]However, governing bodies are not required to accept a mere assertion that a person qualifies as a news representative.[766]. Quoting the provisions of the law to the governing body often results in future compliance. It is under Part 1, Intro, below. In addition to providing the date, time, and place of the meeting, the noticeshould provide the name and telephone number (including TTY number if the public body has such equipment in service) of a person at the public body to contact to request an interpreterfor the hearing impaired or for other communication aids.

The executive session must be limited to discussions of negotiations regarding specific real property and may not include discussion of a public bodys long-term space needs or general policies concerning lease sites.[701]. Thus, a three-member subcommitteethat has authority only to gather information for the full committee is not a governing body. A media representativehas no obligation to refrain from disclosing information gathered at an executive session if the governing body fails to specify that certain information is not for publication. Class C Misdemeanors in Oregon That means: We can print whatever you need on a massive variety of mediums. WebSection 166.025 Disorderly conduct in the second degree, Get free summaries of new opinions delivered to your inbox! Webcases so severe that officials are unable to conduct the publics business. April 2: Russell Eric Fox, 31, wa arrested near N. 1st Street and E. Oregon Avenue and charged with second-degree disorderly conduct. This is especially true for disorderly conduct, where individuals who have been accused of minor disturbances may receive only a fine or probation rather than jail time. Search, Browse Law [775]ORS 676.175(8)(a) . [589]A private body performing advisory functions for a governing body would be subject to the Public Meetings Law. meetings of the Energy Facility Siting Councilto review and approve security programs. View Full Size. Get free summaries of new opinions delivered to your inbox! [704]However, the Public Meetings Law provision permitting the withholding of the minutes or recordings of an executive session if disclosure would be inconsistent with the purpose of the session, ORS 192.650(2), is incorporated as a public records exemption by ORS 192.355(9). Dist. Scott Hamlin, Expert Legal Contributor Fact-Checked/Reviewed on Jan 17, 2023. State v. Ausmus, 336 Or 493, 85 P3d 864 (2004), Statute is unconstitutionally overbroad in punishing persons who continue to congregate after abandoning damaging or harmful activity that made order to disperse lawful. [683]An executive session is defined as any meeting or part of a meeting of a governing body which isclosedto certain persons for deliberation on certain matters.[684]. Regarding discipline of public officers and employees, we note the partial symmetry between the Public Meetings Law and the Public Records Law. Nevertheless, as a public service, the Attorney Generals office frequently responds to questions from citizens or the news media about the Public Meetings Law. [740]Even negotiations conducted by multiple retained labor negotiators are not subject to meetings law because those negotiators do not qualify as members of a public body, and therefore do not constitute a governing body. Other groups, such as the Oregon Parks Foundation, may have public officers on their boards, receive public funds, and carry out public purposes to such an extent that their records are subject to state audit. Because the exemption of these meetings was enacted after the executive session provision, we conclude that these meetings are entirely exempt from the Public Meetings Law. [588]The six factors are: 1) The entitys originWas it created by government or was it created independently? Assn of Classified Employees v. Salem-Keizer Sch. ORS 192.660(9).

[613]Id. We have over a decade of experience creating beautiful pieces of custom-made keepsakes and our state of the art facility is able to take on any challenge. DUII According to an entry on the CQPD log for March 30, 4:27 p.m., 1400 block W. Central Blvd., intoxicated subject, 57-year old Paul Arthur Sutherland charged with DUII, Disorderly Conduct, Open Container, transported to CCJ. DUII According to an entry on the CQPD log for March 30, 10:19 p.m., 2nd & Collier, from traffic [] Workman was arraigned on Thursday on charges of first-degree attempted assault, third-degree assault, interfering with public transportation, second-degree disorderly conduct, and recklessly endangering another person, the report states. [643], 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. The ADA requires public bodies to ensure that their communications with persons with disabilities are as effective as communications with others. [717]Notwithstanding Public Records Law requirements, under the Public Meetings Law a governing body may go into executive session to discuss an officers or employees performance. WebDisorderly Conduct Lawyers | Oregon City Office | Serving Beaverton, OR Avg. It is questionable whether a governing body may exclude a member of the public because the person engaged in misconduct at apreviouspublic meeting. (1) A person commits the crime of disorderly conduct in the second degree if, with intent to cause public [600]Letter of Advice to Ron Eachus, at 6, 1988 WL 416300 (OP-6292) (Sept 12, 1988). Attorney Generals Model Public Contracting Rules 2022 Revisions, Attorney Generals Public Records and Meetings Manual 2019, Appeal a State Agency's Public Records Denial, Consumer Protection Materials Order Form , SB 111 Implementation - Use of Deadly Physical Force by Law Enforcement Officers, http://www.oregon.gov/transparency/Pages/Index.aspx , TriMet v. Amalgamated Transit Union Local 757 , Oregonian PublgCo. v. Board of Parole , Indep. A governing body may go into executive session to consider information or records that are exempt by law from public inspection.[702]Thus, information or records that are exempt from public inspection under the Public Records Law may be considered in private. As long as the advisory bodyis itself a governing body of a public body, the fact that its members may all be private citizens is irrelevant. Dist. But seeORS 192.355(9)(b) (noting a specific set of circumstances in which the attorney-client privilege does not exempt factual information from disclosure). We have concluded that a member of the news media is synonymous with a representative of the news media. Contractors Research Inst. But clearly, returning to an unscheduled and unannounced open session, for which those attending the previous session have no notice and no opportunity to attend, does not comply with the law. Note that a state agency contested case proceedingconducted by a single hearings officer isnotsubject to the Public Meetings Law, because a single hearings officer is not a governing body. The right of the public to attend such contested case proceedings depends on provisions of law outside the Public Meetings Law. entrepreneurship, were lowering the cost of legal services and SeeORS 676.175(8)(b) (referring to ORS 676.177). A governing body may hold an open session even when the law permits it to hold an executive session. The authority of a governing body to conduct labor negotiations with the employees negotiator in executive session is found in ORS 192.660(3), discussed below. [731] Investigatory information is generally confidential unless a notice is issued for a contested case hearing or the matter is finally resolved by board action or a consent order. [655]The laws requirement that all persons be permitted to attend any meeting does not prevent governing bodies from maintaining order at meetings. State v. Clark (2006): This case was controversial because the defendant, a 15:year:old boy, was sentenced to a year in juvenile detention after being accused of engaging in a fight with another student at school. [607]In making this determination, the focus typically will be on the authority granted to the particular governing body and any written policies or directives governing that authority. [777]Harris v. Nordquist , 96 Or App 19, 2223 (1989). The news media is not limited to traditional print and broadcast media, but can include internet media. Animal Care & Use Comm. A governing body must provide for written minutesof its meetings and executive sessions, or sound, video, or digital recording. Currently, the State Archivists rules generally provide that public meeting minutes must be retainedpermanently. Web- Defendant's conviction of disorderly conduct, O.C.G.A. [721]The authority to negotiate with private parties in executive session does not permit the governing body to take final action or to make a final decision in executive session. We believe the presiding officer may require that members of the media not tape or video record executive sessions, in order to decrease the likelihood that information discussed in the executive session will be inadvertently disclosed.

[633]ORS 192.640(1). Contractors Research Inst. Case Number 21-681328 Investigator: Portland Police Bureau This unidentified person is the subject of a criminal investigation related to [725]This prohibition extends to the disclosure of executive session minutes or other recordings. Otherwise, reasonable means must be used to give actual noticeto interested persons that the meeting is again a public meeting. In 2012, the All of these offenses [613]As noted above, we recommend that members of a governing body should not meet in private to discuss business, or exchange private communications about business, even if those involved constitute less than a quorum. To do this, prosecutors may attempt to demonstrate that the accused was aware of the disturbance they caused, that the disturbance was severe enough to warrant criminal charges, and that the accused should have known better than to behave in such a manner. Our interpretation is consistent with the provisions use of the fairly broad phrase legal rights and duties, and with the sensible public policies that we believe were part of the legislatures intent. WebAfter a few too many drinks, American singer Beth Ditto's night got a little complicated and she ended up being hauled in for disorderly conduct. [714]This does not allow discussion of an officers salary to be conducted in executive session in connection with the job performance evaluation of that officer.[715]. [727], Confidential information must be protected even when the board convenes in public session for purposes of deciding whether or not to issue a notice of intent to impose a disciplinary sanction on a licensee or to deny or to approve an application for licensure. Too often, great ideas and memories are left in the digital realm, only to be forgotten. we provide special support Sometimes, the governing body simply ignores the disruption. at 1718. If a quorum of a governing body gathers to discuss matters outside its jurisdiction, it is not meeting within the purview of the Public Meetings Law. The purpose of the final decision requirement is to allow the public to know theresultof the discussions. [572]E.g.,TriMet v. Amalgamated Transit Union Local 757 , 362 Or 484, 497 (2018)(rejecting interpretation that would severely undermine the policy that decisions of governing bodies be arrived at openly);Oregonian PublgCo. v. Board of Parole , 95 Or App 501, 506 (1989)(this policy requires courts to analyze coverage of the act broadly and its exemptions narrowly). Ultimately, the court reversed the conviction on the grounds that the police officers testimony was not sufficient to prove guilt beyond a reasonable doubt. This suggests that if a county or special district governing body (or other governing bodies with similar schedules) keeps only a video or audio recording, it must retain that recording on a permanent basis. WebIt may be possible to obtain an injunction against a person who habitually has been disruptive, but an arrest and prosecution for trespass or disorderly conduct on the (a) Engages in fighting or in violent, tumultuous or threatening behavior; (c) Disturbs any lawful assembly of persons at 624. ORS 192.650(2). Contact Us Visit Website View Profile 1 Verified Attorney Visit our attorney directory to find a lawyer near you who can help. In addition, the legislature may expressly subject a private entity to Public Meetings Law. WebIf you are charged with disorderly conduct you are looking at a class C misdemeanor that carries with it up to 30 days in jail and up to a $500 fine. Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. While quorum is not defined in the Public Meetings Law, the default quorum appears to be a majority of the governing body, unless otherwise expressly provided by law. [747]S. Benton Educ. [730], The State Landscape Architect Board, or an advisory committee to the board, may go into executive session to consider information obtained as part of an investigation of registrant or applicant conduct. For example, a school board advisory committee consisting of private citizens who meet with and make recommendations to the board on school matters is a governing body. Whether a governing bodys training sessions are subject to the Public Meetings Law will depend on whether any substantive issues are discussed. Section 166.025 Disorderly conduct in the second degree, Education and persuasion are by far the best tools available to obtain compliance. We assume that a governing body generally should be able to make a sound, video, or digital recording of a meeting available to the public within a few days following the meeting. [776]ORS 192.680(2). While governing bodies can adopt comprehensive policies regarding access to executive sessions, those policies are unenforceable to the extent they conflict with the statutory requirements permitting representatives of the news media to attend. [609]And they should be aware that some citizens may perceive social gatherings as merely a subterfuge for avoiding the Public Meetings Law. [708]Any member of the news media that is a party to the litigation or is an employee, agent, or contractor of a news media organization that is a party, should be barred from attending.[709]. ORS [678]SeePublic Records Order, Nov 17, 2014,Budnick , at 4 (granting petition for only portions of an audio recording of an executive session).