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A Note from the Director
OGEC has been actively engaged in rulemaking for Public Meetings Law. A series of Rules Advisory Committee meetings were held in May, June, and July.
The proposed rules were published in the Secretary of State's August 1st bulletin, a public hearing was held on August 23rd, and public comments were accepted through September 3rd.
The Commission will hold a special meeting on September 20th to adopt the rules and the final rules will be published in the Secretary of State's October 1st bulletin.
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Rules Advisory Committee Members |
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Adam Abplanalp
Carolyn Shields
D. Raghav Shan
Jeb Bladine
Kriss Wright
Matthew Kahl
Rob Bovett
Sherry Kinsey
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Beth Woodard
Courtney Snead
Gabe Shepherd
Jo A. Barker
Liz Fouther-Branch
Michelle Smith
Sara Zavala
Therese J. Holmstrom
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Brenda Sanchez
Crys O'Grady
Hasina Wittenberg
Koree Tate
Mallorie Roberts
Nanci Sandoval
Scott Winkels
Tiffany Johnson
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Thank you to OGEC’s Commissioners and its staff for their time and efforts during the rulemaking process. And I personally wish to express my appreciation for the work of the Rules Advisory Committee members. They voluntarily gave up so many Monday afternoons to spend time working through the draft rules, and their comments and suggestions were quite helpful. The final rules were improved by their contributions.
~ Susan Myers, Executive Director
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The More You Know:
Public Meetings Law Grievance Process
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What better way to celebrate the back-to-school spirit than learning something new yourself? Let’s take a look at the new grievance process. While OGEC now has jurisdiction over all of Public Meetings Law (PML), there is a new process if someone thinks that a governing body violated the law. This process has to be completed before a complaint can be submitted to OGEC. The process is broken down into three steps:
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Step 1: Submitting the alleged violation to the public body.
If a person believes a governing body has done something to violate Public Meetings Law, they have to first file a written grievance. There are three key things to be aware of:
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It must be a written grievance. |
It must be filed within 30 days. |
It must be filed with the public body. |
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Example: Gretchen, a member of the public, thinks that a City Council’s recent meeting wasn’t noticed properly. Gretchen needs to submit a written grievance within 30 days of that meeting to whomever the City designated to receive grievances. The City has designated that their City Manager receives grievances. They can be dropped off in person during business hours or sent to the City Manager’s email. So, Gretchen would either need to send an email or drop off a written or printed grievance to the City Manager within 30 days of the meeting. Once that grievance is dropped off, the countdown begins.
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Step 2: Responding to the alleged violation.
When a public body receives a grievance, it must acknowledge and respond to the grievance within 21 calendar days. In addition to sending a response to the person who submitted the grievance, the public body must also send their response to OGEC by emailing pbgr@ogec.oregon.gov.
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There are three ways the public body can acknowledge the grievance: |
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Response 1
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Response 2
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Response 3
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Deny
Deny the facts.
Provide the public body’s version of events, and that no violation occurred.
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Admit / Deny
Admit the facts.
Explain why the facts are not a violation of PML.
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Admit / Admit
Admit the facts.
Admit the violation, and explain how the public body will fix the violation.
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Deny Scenario
Bob submits a grievance to the School Board stating that there was no notice posted for the last public meeting.
1. The school district denies the facts in the grievance.
2. They include the email they sent out to their interested parties list.
3. They provide a dated entry of the upload of the notice on their school’s website.
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Admit / Deny Scenario
Susie submits a grievance to the City Council stating that denying public comment at the meeting violated PML.
1. The city acknowledges the facts in Susie's grievance.
2. However, they deny the facts are a PML violation.
3. They explain it isn't a violation because PML does not require their meetings to allow public comment.
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Admit / Admit Scenario
Ryan submits a grievance to the County Commission stating that they held a vote in executive session, violating PML.
1. The county acknowledges the facts and the violation.
2. To fix the violation, they note that they’ll be rescinding the vote to re-vote in public session.
3. They will seek training on executive sessions with OGEC.
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Step 3: Waiting the 21 day response period or receiving a response.
The public body has 21 calendar days to respond to the grievance in writing. Once a person receives the response or 21 days passes, they may submit a complaint. If a complaint is submitted to OGEC without these three steps being completed, the complaint will be dismissed.
Depending on how the public body responds, the person may or may not want to file a complaint with OGEC.
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Submitting a complaint to OGEC
When filing a Public Meetings Law complaint with OGEC, a person must submit a copy of the grievance they submitted to the public body, and a copy of any response that they may have received. If they do not receive a response within 21 calendar days of their grievance being submitted, they must say so when entering their complaint.
This is also why it’s important for public bodies to copy OGEC when responding to grievances. With today’s technology, it’s possible for things to end up in spam folders or be accidentally deleted with the swipe of a finger. By sending a copy to OGEC directly, there will be proof that your public body responded.
Once the complaint is submitted with OGEC, and it’s confirmed that the grievance process was completed, the usual complaint process occurs. The complaint will be opened in preliminary review status against each of the governing body members involved. Everyone involved will be notified, and our investigation team will begin to gather information to bring before the Commission.
There you have it: the three steps for completing the grievance process for Public Meetings Law!
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Question 1: A City Council takes a final vote in executive session, revealed by the media in the paper the following week. A member of the general public wants to submit a complaint. What do they have to do first?
A. Submit the complaint to OGEC.
B. Submit a written grievance to the public body.
C. Submit a public comment to the City Council.
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Question 2: The local school board has received a grievance and knows it needs to respond within 21 days. They believe the facts are correct, but are not a violation. What type of response needs to be sent?
A. Admit / Admit
B. Deny
C. Admit / Deny
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Class is In Session: Training Updates |
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 In-Person Public Meetings Law Trainings Starting in November
OGEC will start offering Public Meetings Law training after the administrative rules are adopted (scheduled for October 1st). We anticipate a lot of interest in this training, and are working to develop resources and multiple training formats.
If you're looking for in-person training, you can join the waitlist now. Your public body can submit a request by clicking the "Request a PML Training" button below.
We will do our best to accommodate the dates and times of training requests. Our team is scheduling trainings now for dates starting in November 2024. We are prioritizing public bodies that are willing to host trainings open to public officials in their area. All open trainings will be posted to our In-Person Training Registration page. Based on our current waitlist, we may not have available time slots until after December 2024.
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Public Meetings Law Webinars Starting in October |
Lobbyist Training Reminder |
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OGEC will also be offering live, instructor-led webinars for Public Meetings Law. These are open to all public officials and registration is now open.
Both the 2.5 hour webinar and in-person training on Public Meetings Law meet the training requirement in ORS 192.700. All participants who stay for the duration of the trainings will receive a certificate of completion.
We're starting the season with a webinar at 5:30 PM on Tuesday, October 1st. Several of our October sessions have already filled up, but the webinars are scheduled weekly through December.
Register for our Public Meetings Law webinars by clicking on the "Register Today" button below.
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The Legislative Equity Office (LEO) is offering Respectful Workplace (Rule 27) training this fall. In-person training is required for in-state participants.
The Respectful Workplace training is required for all legislators, legislative staff, interns and volunteers, as well as lobbyists registered with OGEC. The training must be completed every calendar year.
As a reminder, OGEC does not provide the Respectful Workplace training. These are provided by the LEO and you must contact them if you need assistance in registering.
Once you have completed the training with LEO, you do need to update OGEC's Electronic Filing System (EFS) with the date it was completed.
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Meet Commissioner Iván Resendiz Gutierrez
We are excited to welcome Commissioner Resendiz Gutierrez to the Commission. Per usual, we asked him a few questions to help the staff and our readers get to know him better!
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Would you tell us about yourself?
I was born in Santa Ana California and lived in Guerrerro, Mexico for 3 years, through first and second grade. After that, my family moved to the town of Malott in Washington State, in greater Omak, Okanogan County. It is a pretty small town. My parents worked in apple orchards there – my dad picked apples, and my mom sorted apples.
I am the first generation in my family to graduate from high school. I attended West Linn High School and Gladstone High School, and I was responsible for writing all the paperwork that was needed for my school transfers, including a petition to finish my final year of high school at West Linn, where I graduated.
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At the University of Oregon, I double majored in Psychology and Political Science, and I took 2.5 years of Arabic. I wanted to be in the Marine Corps, but was unable to do so, due to a physical fitness issue. One of my brothers was in the Marine Corps, and the other is in the US Navy reserves. I felt I was not able to give back the way I wanted to, because I did not serve as a Marine, so I have always been looking for ways to give back to the community.
I attended law school at the University of Oregon, and I worked at the Department of Justice for 2 summers. I clerked and externed for Judge Nakamoto at the Oregon Court of Appeals, and continued when she became part of the Oregon Supreme Court.
I am a partner at Miller Nash, working with the Appellate Employment and Education teams, and I’ve been working at Miller Nash for 8 years this September.
I have served where I can, as the President of the Board for Legal Aid Services of Oregon, on the board and on the executive committee for Oregon Law Center, as the Co-Chair of the 9th Circuit Lawyer Representatives for the District of Oregon, as the Co-Chair of the Oregon Minority Lawyers Association, and as the past president of the Oregon Hispanic Bar Association. I am also a board member for the Girl Scouts of Oregon and Southwest Washington. OGEC is my first Senate-confirmed commission.
What inspired you to apply to join the Oregon Government Ethics Commission?
My friends are very publicly involved, and they inspire me. In particular Susan Grabe, at the Oregon State Bar, encouraged me to apply to join OGEC. I felt that OGEC’s mission really aligned with my mission for education, and I am encouraged by OGEC’s emphasis on education.
What aspects of the Commission are you most looking forward to?
The education mission of the Commission is a part that I am looking forward to – I appreciate how many trainings OGEC offers. I believe education is transformative – it has changed my life and the trajectory of my family. I believe people are trying to do the right thing - when they are serving the public, they are trying to do the right thing, and I want to see more of the ways that OGEC can help them.
Any other relevant details you would like to include?
I am a proud Millenial who surrounds himself with Gen-Xers. Being the son of Mexican immigrants has really informed how I approach my life and how I get involved in the community. I enjoy hunting, fishing, and kayaking, and I am a DJ with another lawyer in Portland. There is nothing like seeing the crowd moving to your music – it’s the way I really, really relax.
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Meet Investigator Josh Sullivan
We are also excited to welcome a new investigator to the OGEC team, Josh Sullivan!
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Tell us a little about your background.
I grew up in a small town in Oregon. I’m lucky to still live here in the Pacific Northwest. I went to school at Western Oregon University, where I graduated with a degree in Criminal Justice. I joined the Army as a Cryptologic Linguist and spent two years on active duty learning and using the Korean language. I spent four more years in the National Guard while I worked as a Corrections Deputy at the Yamhill County Sheriff’s Office. I transferred to the patrol division and spent a total of seven years at the Sheriff’s Office before coming to OGEC.
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We thank Commissioner Resendiz Gutierrez and Investigator Sullivan for the commitments they have made to public service, and we are excited for them to continue sharing their talents with us as OGEC rounds out its 50th year. |
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We will be celebrating the 50th anniversary of the Oregon Government Ethics Commission in our fourth quarter newsletter. We have the chance to take a closer look at things that happened with the Commission in the past. Want to look at some impressive sideburns and polyester sweater combos? Want to read what people thought about Statements of Economic Interest in 1975? Use the "Request a Blast from the Past" button to email us what you would like to see in our December issue. |
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2025-27 Affirmative Action Plan
OGEC ensures that it creates, maintains, and embeds a diverse and inclusive environment
and organizational culture throughout the agency in keeping with the Office of Cultural Change and the Governor’s Office’s policies.
OGEC also ensures that all Oregonians, regardless of gender, age, race, national origin, color, ethnicity, religion, people with disabilities, sexual orientation, veterans’ status, or other protected status have a fair and equal chance for available job opportunities within the agency.
You can view OGEC's updated Affirmative Action Plan on our website.
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 We're Hiring an Investigator
If you have strong analytical skills, you are organized, and you are committed to thoroughness and accuracy, you should apply to join our team! OGEC is currently hiring for an Investigator. The person who is most suited to be an Investigator would:
- Effectively communicate with diverse audiences
- Convey complex information both verbally and in writing
- Identify relevant and pertinent facts and information as they analyze complex and diverse issues
- Maintain a professional exchange of perspectives
- Interpret Oregon Statutes and Administrative Rules and apply them to real and hypothetical circumstances
- Contribute to a positive, respectful, and productive work environment
- Exercise discretion and independent judgment while maintaining objectivity and confidentiality
The position closes on September 15th. Click on the "Investigator Job Posting" button below to learn more and apply!
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Become an OGEC Commissioner
Are you interested in government transparency? There are periodically Commission positions open and applications are kept on file for two years. 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. Please make sure to state your political affiliation in your application.
For more information and to submit your application, click the "Apply Here" button to see the position description on Workday.
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Upcoming Commission Meetings
• September 13, 2024
• September 20, 2024 (Special Meeting)
• November 1, 2024
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