Public Meetings Law Grievance Process

In the 2023 session, the Legislative Assembly passed HB 2805, which gives the Oregon Government Ethics Commission (OGEC) authority to investigate violations of Oregon’s Public Meetings Law (ORS 192.610 to 192.705). HB 2805 creates some mandatory prerequisites for submitting Public Meetings Law complaints to OGEC. Oregon Administrative Rules (OAR) 199-050-0070 require the public body to publish on its website the contact information of how an individual may submit a grievance alleging a violation by the governing body of provisions in the Public Meeting Law.  The full text of this rule can be viewed by clicking here.These prerequisites will also apply to executive session provision complaints.

REQUIRED STEPS TO FILE GRIEVANCES: 

If you believe a Public Meetings Law violation has occurred:

  1. You must submit a written grievance to the public body at issue, setting forth the facts and circumstances of the alleged violation. This written grievance must be submitted to the public body within 30 days of the date the alleged violation occurred.
  2. You must give the public body 21 days to respond to your written grievance. The public body’s written response should acknowledge receipt of the written grievance, and: admit or deny the facts and circumstances alleged in the grievance; admit or deny that those facts and circumstances amount to a violation of the Public Meetings Law; and if a violation is acknowledged, explain the steps the governing body will take to cure the violation.The Public Body will submit its response to both you and to OGEC.
  3. If, upon receiving the Public Body’s response, or upon receiving no response within 21 days of your written grievance, you wish to submit your complaint to OGEC. When you submit your complaint to OGEC, you must include documentation that you satisfied these mandatory prerequisites. This documentation would include your written grievance and the public body’s written response (or affirmation that no response was received within 21 days).

**If you fail to satisfy these mandatory prerequisites before filing your complaint with OGEC, your complaint will be dismissed under ORS 192.685(3).**

NEW PUBLIC BODY REPORTING DUTIES: 

HB 2805 creates new reporting duties for public bodies. In particular, when a public body receives a written grievance from a person alleging its governing body may have violated provisions in the Public Meetings Law, the public body must provide a written response to the person within 21 days. That written response should acknowledge receipt of the grievance and may:

  • Deny the facts and circumstances alleged in the grievance; then describe the public body’s version of the facts and circumstances and explain why they do not violate Public Meetings Law.
  • Admit the facts and circumstances alleged in the grievance but deny that those facts and circumstances violate Public Meetings Law.
  • Admit the facts and circumstances alleged in the grievance and admit those facts and circumstances violate Public Meetings Law. Then explain the steps the public body will take to cure the violation, such as:
  • Rescinding the decision taken by the governing body that violated Public Meetings Law;
  • Acknowledging (in a properly noticed and conducted public meeting held within 45 days of the original decision) that:
    • The original decision violated Public Meetings Law;
    • Good cause exists for the governing body not to rescind the decision; and
    • The governing body’s practices will be modified to ensure future violations of Public Meetings Law do not occur.

Please note:

  • The public body must send OGEC a copy of the written grievance, along with the public body’s response, at the same time that it sends the written response to the person.
  • These documents should be sent to OGEC via email, pbgr@ogec.oregon.gov.
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