ORS 192.685¹
Additional enforcement of alleged violations of ORS 192.660

(1) Notwithstanding ORS 192.680 (Enforcement of ORS 192.610 to 192.690), complaints of violations of ORS 192.660 (Executive sessions permitted on certain matters) alleged to have been committed by public officials may be made to the Oregon Government Ethics Commission for review and investigation as provided by ORS 244.260 (Complaint and adjudicatory process) and for possible imposition of civil penalties as provided by ORS 244.350 (Civil penalties).

(2) The commission may interview witnesses, review minutes and other records and may obtain and consider any other information pertaining to executive sessions of the governing body of a public body for purposes of determining whether a violation of ORS 192.660 (Executive sessions permitted on certain matters) occurred. Information related to an executive session conducted for a purpose authorized by ORS 192.660 (Executive sessions permitted on certain matters) shall be made available to the Oregon Government Ethics Commission for its investigation but shall be excluded from public disclosure.

(3) If the commission chooses not to pursue a complaint of a violation brought under subsection (1) of this section at any time before conclusion of a contested case hearing, the public official against whom the complaint was brought may be entitled to reimbursement of reasonable costs and attorney fees by the public body to which the official’s governing body has authority to make recommendations or for which the official’s governing body has authority to make decisions. [1993 c.743 §28]

Notes of Decisions

A retained labor negotiator is neither a member of a public body nor a governing body, and ORS 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690) therefore have no ap­pli­ca­bil­i­ty to negotia­tions con­ducted by a retained negotiator. Southwestern Oregon Publishing Co. v. Southwestern Oregon Community College Dist., 28 Or App 383, 559 P2d 1289 (1977), Sup Ct review denied

Atty. Gen. Opinions

Secret ballot under "Public Meeting Law," (1974) Vol 37, p 183; quality of openness in public meetings of public governing bodies, (1976) Vol 38, p 50; in­for­ma­­tion-gathering sessions as public meetings, (1977) Vol 38, p 1471; Home-rule cities and counties as subject to Public Meetings Law, (1980) Vol 41, p 28; Delibera­tion of Land Use Board of Appeals following hearings as subject to Public Meetings Law, (1980) Vol 41, p 218; Applica­tion of Public Meeting Law to meeting of Multnomah County Committee for Indigent Defense Certifica­tion, (1981) Vol 41, p 417; Discussion of salaries of public body in executive session, (1982) Vol. 42, p 362; Student govern­ment committees recommending fee assess­ments and alloca­tions as subject to Public Meetings Law, (1984) Vol 44, p 69; Oregon Medical Insurance Pool is funda­mentally private-sector body, under virtually total private control, created by state to fulfill public purpose and is not state agency or public corpora­tion subject to Public Meetings Law, (1989) Vol 46, p 155

Law Review Cita­tions

53 OLR 339-354 (1974); 55 OLR 519-536 (1976)

Chapter 192

Atty. Gen. Opinions

Attorney General's Public Meetings and Records Manual, (1973) Vol 36, p 543; public meetings and records manual, (1976) Vol 37, p 1087; pro­hi­bi­­tion on disclosing marriage records, (1998) Vol 49, p 21

1 Legislative Counsel Committee, CHAPTER 192—Records; Public Reports and Meetings, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors192.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 192, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­192ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information