By Armand Resto-Spotts
This article follows prior LGLG articles regarding executive sessions, which can be found here:
https://www.localgovtlaw.com/executive-sessions-tricks-and-traps/; https://www.localgovtlaw.com/executive-sessions-a-review/;
https://www.localgovtlaw.com/executive-session-update/.
In Oregon, “decisions of governing bodies [are] arrived at openly,” and meetings of the governing body must be open to the public. ORS 192.620. However, a limited exception to this rule is for “executive sessions,” which is a meeting, or part of a meeting, that is “closed to certain persons for deliberation on certain matters.” ORS 192.610(2). To hold an executive session, the governing body must identify the statutory authorization for holding the executive session. Further, the discussion in executive session must be limited to the subject matter listed in the respective statutory sub-section. (ORS 192.660(2).)
Let’s examine a couple specific executive session options:
Real property transactions
ORS 192.660(2)(e) authorizes the governing body to hold an executive session to “conduct deliberations with persons designated by the governing body to negotiate real property transactions.” This is not limited to simple purchases or sales of real property, but could include lease negotiations, easement acquisitions, and arguably even property line adjustments. This exemption may arise in the context of a agency’s consideration of acquiring or conveying a parcel of land, or seeking the highest value for use of the agency’s land.
Note that this exemption does not authorize a general discussion of the local government’s real property interests, holdings, or otherwise. There must be a designated, or otherwise qualified agent, representing the governing body in the “real property transaction.”
Consideration of exempt public records
ORS 192.660(2)(f) authorizes the governing body to consider information or records that are exempt by law from public inspection. In other words, the information or records must be exempt under applicable public records law, or other federal or state statutes regarding confidentiality.
As a best practice, the governing body should be able to demonstrate, or confirm, with legal review, that the applicable information or record is exempt before holding the executive session under this authority. In addition, the executive session discussion must be limited to a discussion of the exempt record – the discussion should not stray into subjects or issues not addressed in the exempt record.
Importantly, just because a record is discussed in the context of ORS 192.660(2)(f) does not make it exempt from public records law.
If you have questions about executive sessions, please contact our office.
