Board Meetings

All school board meetings except executive sessions are open to the public. Written notice of at least 24 hours is required for a school board to meet in a regular, special or executive session. The board chair can call an emergency meeting without 24-hour notice. If such a meeting is required, the news media is to be notified by phone.

Executive sessions may be called during any regular, special or emergency meeting but only for matters dealing with personnel, student records exempt from public inspection, negotiations, litigation, real estate, student expulsions or student medical and education program records. A board cannot take final action in executive session on any matter except student expulsion and issues related to student medical records and education programs. Initial offers of employment or property purchase can take place in executive session, but the ultimate decision to hire or purchase must happen in an open meeting.

Before adjourning a meeting to go into executive session, the chair must state the sub-paragraphs of the statute (ORS 192.660 or 332.061) that define the subject matter of the session, e.g., “This board will reconvene in executive session under ORS 192.660 Section 2 to discuss negotiations.”

Reporters may attend executive sessions with four exceptions: 1) when labor negotiations strategy is being discussed; 2) when a student is being expelled; 3) when a student’s medical or educational records are being discussed; and 4) if the reporter or the reporter’s media organization is involved in litigation against the district and that is the topic of the executive session.

Some board members encounter problems because they believe reporters are prohibited from reporting all conversations that take place in executive session. That is not true. Reporters are allowed to report discussion of topics that are not exempted by executive session.

Any hiring – including hiring a superintendent – must take place in open session. The board can, however, interview and consider candidates in executive session and can conduct a superintendent’s evaluation in executive session, provided the evaluation criteria and evaluation form were discussed and adopted in open session.

Complaints against employees as well as the dismissal or discipline of employees can be considered in executive session, unless the employee requests an open session.

Since 1997, collective bargaining sessions with union representatives are conducted in open session unless both parties agree to executive sessions.

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Accessibility

School board meetings must be held in places accessible to the disabled. In addition, when someone who is hearing-impaired requests an interpreter 48 hours prior to a public meeting, the school board must make a good faith effort to provide the interpreter. [Americans With Disabilities Act of 1990, P.L. 101-336, 104 Stat 327 (1990) and ORS 192.630(5)(a)]

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Minutes

Written minutes are required for all meetings except recordings allowed for executive sessions. Minutes should be available within a reasonable time after the meeting. Minutes are to indicate members present, all motions made and their disposition, results of all votes by name of each member (no secret ballots are allowed) and the substance of the discussion on any matter.

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Public Meetings Manual

Detailed information about Oregon’s public records and meetings laws are included in the Attorney General’s Public Records and Meetings Manual. Copies are available from the Oregon Department of Justice, Salem, 503-378-2992, ext. 325.

Public Meetings Law, Board Meetings and Executive Sessions, a briefer summary of public meeting requirements, is available from OSBA.

Note: All state or local governmental boards, commissions, councils, committees, local school committees or councils, or subcommittees consisting of two or more members are subject to Oregon’s Public Meetings Law. Meetings occur when a quorum is present to receive information, or to decide or deliberate on any public matter. On-site inspections and chance social gatherings are exempt. This applies to groups without power of decision when designated to furnish advice to a public body, but not when advice goes to individual public officials. Private bodies are not covered, but public agencies contracting with private bodies can require them to follow the law. 

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