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Published byCameron Barker Modified over 8 years ago
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Public Meetings
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Intergovernmental Agency With Unanimity Requirement SEACOWS - Intergovernmental Board with 3 representatives each from 5 jurisdictions Quorum is 10, unanimity required to use emergency reserve fund for snow removal Can’t get them all together before major storm will hit Scenario 1 - Can get quorum for an hour Scenario 2 – Can’t get quorum at any time
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Questions Can the board meet when they can get a quorum, vote, and then have other members provide written consent? Can the board meet with a quorum, then keep the meeting open and have the other members show up at the meeting location or call in to record their vote? – Does it make a difference if the chair is there all day? – What needs to be done to make it legal
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Questions for Scenario 2 – Can a meeting be noticed from 8 am to 5 pm, with phone participation, if a room is set up accessible to the public, so that board members can call in any time during the day Does it make a difference if the chair is in the room or on line all day, or is it OK for a staff person to answer calls and record the vote Is a quorum needed at some time? – When?
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Other Solutions Remember to think outside the box Can each of the member entities call a special meeting of their governing bodies with 24 hours notice and approve an amendment to the IGA that created the entity to amend the requirements relating to approval of the use of the emergency fund
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Control of Meeting Controversial project in City (elevated highway across downtown) – Tempers are running high and allegations that City Manager and Planning Directors are getting kickbacks Several opponents signed up to speak and mayor and city attorney fear things might get out of hand
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Questions Can a speaker verbally attack a city official or employee? – Does it make a difference if the verbal attacks relate to job performance? What rights does the city have regarding unruly speakers or members of the audience? – Is there a difference between a verbal attack and unruly or disruptive behavior? What steps can the Council take to control the meeting while preserving free speech rights?
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Other Questions Is there any way to conduct a public meeting by email? ORS 192.670(1) provides that a meeting may be held by telephone or other electronic communication. ORS 192.670(2) requires there must be a place where or one electronic means by which the public can listen to the communication at the time it occurs.
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Additional Question 2 May a local government hold an electronic or telephone public meeting of its governing body if no member of the governing body is present in the jurisdiction? (Assume that there is no emergency). – Yes – see ORS 192.670(2)
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Additional Question 3. Can a joint meeting of two or more local governments be held anywhere other than within the territory of one of the participating entities? Under certain circumstances. ORS 192.630(4) authorizes joint meetings to be in one of the jurisdictions or at the nearest practical location. Arguably, if two cities are 100 miles apart and wish to have a joint meeting and there is a suitable meeting facility half-way between them, the meeting could be held at that location as the nearest practical location.
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