If the board convenes a meeting to hear a complaint against someone, can that person being complained about be excluded from the meeting?
January 19, 2010
If the person being complained about requests the complaint be held in public session then they cannot be excluded. The entire session, including any board deliberation, must be held in public. If the person makes no such request, then the board can meet in executive session and the person being complained about can be excluded. Typically the board will include them in the executive session to hear their side of the situation, and then may excuse them while the board deliberates.
ORS 192.660 Executive sessions permitted on certain matters; procedures; news media representatives’ attendance; limits.
…..(2) The governing body of a public body may hold an executive session:….. (b) To consider the dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent who does not request an open hearing.
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