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Volume 4, Issue 3 - Summer 2023 |
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In the most recent session, the Legislative Assembly passed HB 2805, which gives the Oregon Government Ethics Commission (OGEC) the authority to enforce Oregon’s Public Meetings Law (ORS 192.610 to 192.690). Let's explore what these changes mean for public bodies and Oregon citizens.
Public Meetings Advice
Beginning on September 24, 2023, OGEC will be able to provide verbal and written advice on Public Meetings Law, and OGEC will begin accepting complaints and opening cases for alleged Public Meetings Law violations.
Public Meetings Trainings
In January 2024, OGEC’S trainers will begin providing Public Meetings Law trainings and will be coordinating with agencies, other groups, and associations to ensure the availability of Public Meetings Law trainings throughout the state. OGEC will continue to offer trainings and webinars on the Executive Session provisions.
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Public Meeting Complaints
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HB 2805 creates some mandatory prerequisites for submitting Public Meetings Law complaints to OGEC. These prerequisites will also apply to executive session provision complaints.
If you believe a Public Meetings Law violation has occurred:
- 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.
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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.
- 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 the 21 days).
If you fail to satisfy these mandatory prerequisites before filing your complaint with OGEC, your complaint will be dismissed.
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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.
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The Department of of Justice has created the Attorney General's Public Records and Meetings Manual 2019 to be a resource for public bodies on how to apply Public Records and Public Meetings Laws.
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Beginning September 24, 2023, advice on Public Meetings Law can easily be requested on the phone, online, by email, or in person.
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During the 2023 Legislative session, several bills were passed by the Legislative Assembly that impact OGEC's jurisdiction.
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HB 2038 Changes to the Statement of Economic Interest filing questions
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HB 2805 Public Meetings Law updates & OGEC jurisdiction
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HB 2806 Executive session provision for cyber-security
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SB 11 Public meetings recordings
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SB 207 OGEC Own motion for executive sessions
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OGEC is committed to providing the best service to Oregon. To help improve our services, we annually review the performance of OGEC's Executive Director. Community feedback is important to OGEC and its mission.
We will be collecting responses until Monday, October 30, 2023.
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Congratulations Stephanie Heffner! Stephanie was promoted to our newly created Curriculum & Training Coordinator role on September 1st! We are so excited to see what she does with this new role and where she leads our training team (which is expanding as we are hiring three more trainers! Apply Now!). Stephanie has shown OGEC that she can think outside the box, sees things from different perspectives, and strives to create an inclusive learning environment in all her trainings. |
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We asked Stephanie a few questions to share about herself. She originally answered these questions when she was first hired as a Trainer back in 2021, but as an occasional editor for “Ethics Matters,” I am using artistic license to talk more about Stephanie and her experiences.
Stephanie learned to refuel helicopters before pumping gas in her own car, a true Oregonian. She has been a trainer for OGEC for over two years and was previously a trainer/teacher in nonprofits, for federal government, and the travel and hospitality industries. She has a BA in American Ethnic Studies from the University of Washington, and an MPA in Sustainable Development from SIT Graduate Institute (go Chipmunks!). She also took an intensive training course design class from Oregon State University this last year.
What inspired you to apply for OGEC and this new position?
Stephanie is the ultimate nerd and loves an opportunity to combine policy/law with trainings. She also has a passion for curriculum design and this role couldn’t be more perfect for her strengths.
What is your favorite part of your job here?
Hashbrowns. OGEC staff enjoys hashbrowns periodically and that is clearly her favorite part of being a member of OGEC. She also loves meeting new people across the state of Oregon.
Dogs or Cats?
Stephanie is 100% a dog person. Her house has two fine specimens, Zeus and Zena, that occasionally show up for staff meetings online.
Favorite Movie?
My Big Fat Greek Wedding, both the Hollywood and home video versions.
Any hobbies or passions that you would care to share or talk about?
Stephanie is a foodie and a kayaker, so if you have any food recommendations or great kayak locations, feel free to share!
Congratulations Stephanie on being promoted to our Curriculum & Training Coordinator! Go forth and train!
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OGEC is expanding! We are delighted to share this exciting opportunity to join our dedicated team of professionals. If you possess an interest in contributing to the impartial and effective administration and enforcement of Oregon's government ethics laws, and are commitment to being a valuable resource for public officials throughout the state, we invite you to explore these roles.
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Do you have a passion for adult learning and trainings?
OGEC is now recruiting for three permanent Trainers (Program Analyst 1). This role will provide trainings to public officials at all levels of government statewide.
The application deadline is September 17, 2023.
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Do you have strong analytical and critical thinking skills? Do you have experience investigating compliance with program requirements and drafting in-depth reports?
OGEC is now recruiting for two additional Investigators (Compliance Specialist 2).
The application deadline is September 9, 2023.
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The Commission has started the preliminary recruitment process.The position description is the criteria for this position and is currently pending reclassification. Hiring standards are set forth by the Department of Administrative Services
Public comments on the position will be accepted at the October 6, 2023 OGEC Commission meeting. If the public has written comments they would like to submit, they may do so by emailing the Commission at mail@ogec.oregon.gov for review before September 25.
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This fall, OGEC will be hiring for Administrative Specialist 2 position. This is a new role for the agency. We will update our staff page when the recruitment opens for this position.
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Are you interested in government transparency? There is currently an open Commission position at OGEC. Meetings occur about every six weeks. Information on previous and upcoming Commission meetings can be found on on our Meetings webpage.
No more than three of the members of the Commission may be from the same political party. To be eligible for the open position, you must not be affiliated with either the Democratic or Republican parties. Please make sure to state your political affiliation in your application.
For more information and to submit your application, please see the position description on Workday.
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Upcoming Commission Meetings
- October 6, 2023
- November 17, 2023
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