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City attorney says new OGEC FAQ eases restrictions on neighborhood meetings but ambiguity remains for council communications
Summary
City Attorney and councilors discussed recent Oregon Government Ethics Commission (OGEC) FAQ clarifying serial-meeting guidance: less-than-quorum attendance at neighborhood association meetings is allowed, but uncertainty persists about when inter-member communications become prohibited deliberations.
City attorneys and councilors spent substantial council time on Monday reviewing recent guidance from the Oregon Government Ethics Commission (OGEC) about serial meetings and communications among elected officials.
City Attorney Dan Acheson summarized the new OGEC frequently asked questions, saying the guidance clarified that members of governing bodies may attend and speak at neighborhood association meetings and other third-party gatherings provided a quorum is not present and members do not direct the third party to act as an intermediary.
—The FAQ posed the question, —when do communications among governing body members become prohibited communications?— and answered, —it depends on whether the communication involved a quorum, the subject, and the purpose of the communications,— Acheson told the council.
He cautioned that even if less than a quorum meets, the serial-meeting prohibition can be triggered when communications spread to a quorum via intermediaries. The OGEC guidance, he said, allows members to express opinions at media events and third-party meetings but repeated the legal standard that a prohibited deliberation is one that is part of the decision-making process (identifying decisions, gathering information, weighing alternatives, and making decisions).
Councilors said the earlier, more restrictive advice had chilled constituent outreach and attendance at neighborhood-association meetings. Several councilors said the late clarification provided relief but left uncertainty about future enforcement, fines and how the guidance applies to social media and informal contacts.
Guest councilor Bill Dixon and others urged the council to ensure jurisdictions and advisory boards receive consistent guidance. Acheson said all advisory boards, commissions and governing bodies are subject to the same public-meeting laws and that staff will provide updated guidance to boards and commissions.
Councilors asked for additional clarification from OGEC and said they would seek further legal and legislative remedies if the state guidance continued to create operational paralysis for elected officials.
