(1) "Decision" means any determination, action, vote or final disposition upon a motion, proposal, resolution, order, ordinance or measure on which a vote of a governing body is required, at any meeting at which a quorum is present.
(2) "Executive session" means any meeting or part of a meeting of a governing body which is closed to certain persons for deliberation on certain matters.
(3) "Governing body" means the members of any public body which consists of two or more members, with the authority to make decisions for or recommendations to a public body on policy or administration.
(4) "Public body" means the state, any regional council, county, city or district, or any municipal or public corporation, or any board, department, commission, council, bureau, committee or subcommittee or advisory group or any other agency thereof.
(5) "Meeting" means the convening of a governing body of a public body for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter. "Meeting" does not include any on-site inspection of any project or program. "Meeting" also does not include the attendance of members of a governing body at any national, regional or state association to which the public body or the members belong. [1973 c.172 §2; 1979 c.644 §1]
(Temporary provisions relating to local government
and special government body public meetings)
Note: Sections 1 and 2, chapter 12, Oregon Laws 2020 (first special session), provide:
Sec. 1. (1) Notwithstanding ORS 192.610 to 192.690, the governing body of a public body may hold all meetings by telephone or video conferencing technology or through some other electronic or virtual means. When a governing body meets using telephone or video conferencing technology, or through other electronic or virtual means, the public body shall make available a method by which the public can listen to or observe the meeting. If a governing body meets using telephone or video conferencing technology, or through other electronic or virtual means:
(a) The public body does not have to provide a physical space for the public to attend the meeting; and
(b) If the telephone or video conferencing technology allows the public body to do so, the public body shall record the meeting and make the recording available to the public. This paragraph does not apply to executive sessions.
(2) If the governing body of the public body elects not to use telephone or video conferencing technology or other electronic or virtual means to conduct meetings, all persons attending meetings held in person must maintain social distancing, including maintaining intervals of six feet or more between individuals, wherever possible.
(3) For any executive session at which the media are permitted to attend, whether conducted in person or using electronic or virtual means, the governing body shall provide a means for media to attend the executive session through telephone or other electronic or virtual means.
(4) Notwithstanding ORS 192.610 to 192.690 or any other applicable law or policy, any public testimony or comment taken during a meeting need not be taken in person if the public body provides an opportunity to submit testimony or comment by telephone or video conferencing technology, or through other electronic or virtual means, or provides a means of submitting written testimony, including by electronic mail or other electronic methods, and the governing body is able to consider the submitted testimony in a timely manner.
(5) Notwithstanding any requirement that establishes a quorum required for a governing body to act, the minimum number of members of a governing body required for the body to act shall exclude any member unable to attend because of illness due to COVID-19.
(6) If the public health threat underlying the declaration of a state of emergency issued by the Governor on March 8, 2020, or compliance with an executive order issued under ORS 401.165 to 401.236 in connection with that emergency, causes a municipal corporation or council of governments to fail to comply with ORS 294.305 to 294.565 or 294.900 to 294.930, the municipal corporation or council of governments may make reasonable expenditures for continued operations within the existing or most recently adopted budget, provided that any failure to comply with ORS 294.305 to 294.565 or 294.900 to 294.930 is cured as soon as is reasonably practicable.
(7) Notwithstanding ORS 221.770, a city may satisfy the requirements of holding a public hearing under ORS 221.770 (1)(b) and (c) by holding the hearing in accordance with this section and by making certification to the Oregon Department of Administrative Services as soon as is reasonably practicable after the city adopts its budget.
(8) As used in this section:
(a) Terms used in this section have the meanings given those terms in ORS 192.610, except that "public body" excludes the state or any board, department, commission, council, bureau, committee, subcommittee, advisory group or other agency of the state.
(b) "Budget" and "municipal corporation" have the meanings given those terms in ORS 294.311.
(c) "Council of governments" has the meaning given that term in ORS 294.900. [2020 s.s.1 c.12 §1]
Sec. 2. Section 1 of this 2020 special session Act is repealed 30 days after the date on which the declaration of a state of emergency issued by the Governor on March 8, 2020, and any extension of the declaration, is no longer in effect. [2020 s.s.1 c.12 §2]
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 192 - Records; Public Reports and Meetings
Section 192.001 - Policy concerning public records.
Section 192.005 - Definitions for ORS 192.005 to 192.170.
Section 192.170 - Disposition of materials without authorization.
Section 192.173 - Records and reports required by law to be in English; penalty.
Section 192.180 - Coordination of executive department response to public records request.
Section 192.183 - Compiling public records stored in electronic form; rules.
Section 192.191 - Department of Justice information sharing guide.
Section 192.210 - Definitions for ORS 192.210 and 192.220.
Section 192.220 - Standardized report forms; exemptions.
Section 192.230 - Definitions for ORS 192.235 to 192.245.
Section 192.235 - Policy for ORS 192.230 to 192.250.
Section 192.240 - Duties of state agency issuing report.
Section 192.243 - Availability of report on Internet; rules.
Section 192.245 - Form of report to legislature.
Section 192.270 - Definitions for ORS 192.270 and 192.275.
Section 192.275 - Notice when report required; content; effect.
Section 192.311 - Definitions for ORS 192.311 to 192.478.
Section 192.314 - Right to inspect public records; notice to public body attorney.
Section 192.318 - Functions of custodian of public records; rules.
Section 192.329 - Public body’s response to public records request.
Section 192.340 - Attorney General catalog of exemptions from disclosure.
Section 192.345 - Public records conditionally exempt from disclosure.
Section 192.355 - Public records exempt from disclosure.
Section 192.363 - Contents of certain requests for disclosure.
Section 192.371 - Nondisclosure of public employee identification badge or card.
Section 192.377 - Required redaction of certain personal information.
Section 192.385 - Nondisclosure of certain public safety officer investigation records; exceptions.
Section 192.390 - Inspection of records more than 25 years old.
Section 192.395 - Health services costs.
Section 192.401 - Records of health professional regulatory boards, Health Licensing Office.
Section 192.422 - Petition form; procedure when petition received.
Section 192.461 - Public Records Advocate.
Section 192.464 - Facilitated dispute resolution services of Public Records Advocate.
Section 192.475 - Public records request training.
Section 192.477 - Public Records Advocate Fund.
Section 192.481 - Public Records Advisory Council.
Section 192.483 - Duties of Public Records Advisory Council; rules.
Section 192.485 - Definitions for ORS 192.485 to 192.513.
Section 192.488 - Open government impact statement.
Section 192.492 - Notification of change to public records laws.
Section 192.499 - Public records subcommittee.
Section 192.511 - Oregon Sunshine Committee; membership; duties; rules.
Section 192.513 - Review of exemptions from disclosure by Oregon Sunshine Committee.
Section 192.515 - Definitions for ORS 192.515 and 192.517.
Section 192.517 - Access to records of individual with disability or individual with mental illness.
Section 192.531 - Definitions for ORS 192.531 to 192.549.
Section 192.533 - Legislative findings; purposes.
Section 192.535 - Informed consent for obtaining genetic information.
Section 192.538 - Notice by health care provider regarding anonymous or coded research.
Section 192.539 - Disclosure of genetic information; exceptions.
Section 192.540 - Use of deceased individual’s DNA sample or genetic information for research.
Section 192.541 - Private right of action; remedies; affirmative defense; attorney fees.
Section 192.543 - Criminal penalty.
Section 192.545 - Enforcement; Attorney General or district attorney; intervention.
Section 192.547 - Oregon Health Authority rules; procedures.
Section 192.549 - Advisory Committee on Genetic Privacy and Research.
Section 192.551 - Health care records at colleges, universities.
Section 192.553 - Policy for protected health information.
Section 192.556 - Definitions for ORS 192.553 to 192.581.
Section 192.558 - Use or disclosure by health care provider or state health plan.
Section 192.561 - Disclosure by health care provider in coordinated care organization.
Section 192.563 - Health care provider and state health plan charges.
Section 192.566 - Authorization form.
Section 192.567 - Disclosure without authorization form.
Section 192.568 - Confidentiality; use and disclosure.
Section 192.571 - No right of action.
Section 192.573 - Personal representative of deceased individual.
Section 192.576 - Disclosure to individual appealing denial of Social Security benefits.
Section 192.579 - Allowed disclosure for coordinating care.
Section 192.581 - Allowed retention or disclosure of genetic information.
Section 192.582 - Confidentiality of bedbug infestation reports.
Section 192.583 - Definitions for ORS 192.583 to 192.607.
Section 192.586 - Disclosure of financial records prohibited; exceptions.
Section 192.591 - Disclosure to state court; procedure; limitations.
Section 192.593 - Authorization by customer for disclosure.
Section 192.596 - Disclosure under summons or subpoena; procedure.
Section 192.597 - Disclosure pursuant to abuse investigation; procedure; liability; affidavit.
Section 192.598 - Disclosure under search warrant.
Section 192.600 - Liability of financial institution for disclosure.
Section 192.602 - Time for compliance; reimbursement; exceptions.
Section 192.603 - Procedure for disclosure to law enforcement agency.
Section 192.610 - Definitions for ORS 192.610 to 192.690.
Section 192.650 - Recording or written minutes required; content; fees.
Section 192.670 - Meetings by means of telephone or electronic communication.
Section 192.685 - Additional enforcement of alleged violations of ORS 192.660.
Section 192.690 - Exceptions to ORS 192.610 to 192.690.
Section 192.695 - Prima facie evidence of violation required of plaintiff.
Section 192.715 - Short title.
Section 192.720 - Definitions for ORS 192.715 to 192.760.
Section 192.725 - Electronic record as official record.
Section 192.730 - Authentication of electronic official record.
Section 192.735 - Evidentiary rules concerning authenticated electronic record.
Section 192.740 - Preservation and security of electronic official record.
Section 192.745 - Availability for public use.
Section 192.750 - Implementation; considerations.
Section 192.755 - Uniform construction.
Section 192.760 - Relationship of ORS 192.715 to 192.760 to federal law.
Section 192.800 - Definitions for ORS 192.800 to 192.810.
Section 192.805 - Reimbursement required prior to disclosure; charges.
Section 192.820 - Definitions for ORS 192.820 to 192.868.
Section 192.822 - Address Confidentiality Program; substitute addresses.
Section 192.828 - Prohibitions; civil penalty.
Section 192.832 - Notice of change in name, address or telephone number.
Section 192.834 - Cancellation of certification.
Section 192.836 - Use of substitute address; waiver of requirement.
Section 192.842 - Use of actual or substitute address in specified circumstances.
Section 192.844 - Prohibition on disclosure of actual address or telephone number by public body.
Section 192.846 - Records of Department of Transportation; substitute address.
Section 192.848 - When Attorney General may disclose actual address or telephone number.
Section 192.854 - Application assistants; application assistance not legal advice.
Section 192.856 - Additional response time for notice or other paper.
Section 192.858 - Disclosures to participants.