Or. Admin. Code § 199-050-0040

Current through Register Vol. 63, No. 11, November 1, 2024

Section 199-050-0040 - Notice Requirements

(1) Public notice, reasonably calculated to give actual notice, is required for all meetings of a governing body. The purpose of providing public notice is to give notice of the meeting details and subjects to members of the public at large, as well as to interested persons and media representatives who have requested notice.

(2) Methods of Notice:

(a) Notice to the Public. A governing body satisfies the public notice requirement in subsection (1) by providing notice of its meetings to be displayed conspicuously on the public body's or governing body's website or on a publicly accessible website hosted by a third-party and linked to the public body's or governing body's website. If the governing body does not maintain a publicly accessible website, the governing body shall satisfy the public notice requirements through other means such as posting on the Oregon Transparency Website, community postings, bulletin boards, newspaper notice, or any other means reasonably calculated to provide actual notice to the general public.

(b) Notice to Interested Persons. A governing body satisfies the interested persons notice requirement in subsection (1) by providing notice through:

(A) Interested person lists, mailing lists, or other lists of persons or groups maintained by the governing body to provide notice or communications;

(B) Social media platforms normally utilized by the governing body for communications; or

(C) Any other means reasonably calculated to provide actual notice to interested persons known to the governing body.

(c) Media Notice. A governing body satisfies the media notice requirement in subsection (1) by providing notice to those media representatives who have requested notice, either in the method requested by the media representatives or by any other means reasonably calculated to provide actual notice to the media representatives.

(d) State agencies shall also post meeting notices to the Oregon Transparency Website. Other public bodies may post notices to the Oregon Transparency Website.

(3) Content of Notice. The public notice shall identify:

(a) The time, date, location of the meeting, and, to the extent reasonably possible, the electronic link or telephone access information to allow members of the public to attend the meeting by telephone or electronic means.

(b) The agenda or list of the principal subjects anticipated to be considered at the meeting. The agenda or list of principal subjects shall be specific enough to permit members of the public to recognize the matters in which they are interested. The governing body may amend the agenda or may add or remove items from the list of principal subjects prior to or during a meeting.

(c) The name, telephone number, and email address of a person at the public body to contact to request an interpreter or other communication aids. As an alternative, the notice may indicate that the governing body will provide a sign language interpreter or other communication aids at the meeting.

(d) Executive Session Notice.

(A) If a meeting is being held only to conduct an executive session, the notice shall comply with sections (3)(a) through (c) and the notice shall also identify the specific statutory citation and appropriate subsection and paragraph authorizing the executive session, as well as a general description of the statutory authorization.

(B) If an executive session is to be part of a regular, special, or emergency meeting, the notice shall comply with subparagraph (A) of this paragraph, prior to entering the executive session, the presiding officer shall identify in open session the specific statutory provision and appropriate subsection and paragraph authorizing the executive session, as well as a general description of the statutory authorization. The public announcement required in this section shall be made during the portion of the meeting that is open to the public and before entering into executive session.

(4) Timing of Notice. The public notice shall be issued in advance of the meeting in accordance with the following timelines:

(a) Regular Meeting: as much advance notice as reasonably possible, but no less than 48 hours advance notice. Providing notice of less than 48 hours is allowed if the meeting is held as a special meeting.

(b) Special Meeting: at least 24 hours advance notice.

(c) Emergency Meeting: as much advance notice as reasonably possible given the emergency circumstances. An "actual emergency" must exist.

(A) The governing body shall describe in the minutes the actual emergency and the reason why the meeting could not be delayed to allow at least 24 hours' notice.

(B) The governing body shall attempt to contact the media and other interested persons to inform them of the emergency meeting by telephone, e-mail, social media, or other method reasonably calculated to provide actual notice.

(C) If reasonably possible under the emergency circumstances, the emergency meeting notice shall be conspicuously displayed on the governing body's or public body's website or on a publicly accessible website hosted by a third-party hosted and linked to the public body's or governing body's website. If the public body or governing body does not maintain a publicly accessible website, the emergency meeting notice shall be conspicuously displayed on a notice board or in such other manner as the governing body determines may provide actual notice of the emergency meeting to the public.

Or. Admin. Code § 199-050-0040

GEC 1-2024, adopt filed 09/24/2024, effective 10/1/2024

Statutory/Other Authority: ORS 244.940

Statutes/Other Implemented: ORS 192.685, ORS 192.630 & ORS 192.640