December 16, 2009 – Budget Work Session – End of work session, going into executive session.
Kevin Stufflebean “Could I make a comment first? I would prefer that this be hand written notes and not taped executive session “
Coquille Valley Sentinel, Letter to the editor, March 3, 2009
Larry Van Elsberg – “Only Commissioner Stufflebean knows why he wanted only written notes and not taped. While Roadmaster, I sat through numerous executive sessions and never witnessed a Commissioner requesting the meeting be recorded by written notes only.â€
Listen to the audio here
Den, did anyone ask or get an answer to why he asked for no recording?
Either on Bice or at Comy Station?
Today, 4/13/09, on the Jim Bice show, Kevin Stufflebean was the main attraction. The issue of public disclosure of the road department lay off was a topic. Both Jim and Kevin agreed there was no violation of the Oregon Public meeting law. The fact is the lay off was talked about under the purview of the law. But, in an executive session, which is private, public excluded. Both Kevin and Jim spoke from a talking points hand out sheet.
At the Campaign for Liberty that evening at the Coney station in Coos Bay, Kevin handed out the talking points sheet, which also included information on the Oregon Public meeting law. Also is information on County Policy, addressing hand written notes and not recorded executive session. In the hand out he states “i personally asked that the meeting minutes for executive session be written which is a policy that the board has asked our staff to do”. The ORS allows for this.
Analyze this. The staff often summarizes the meetings in written form. To understand, with one staff member, not including counsel, there is little time to do that, so the electronic recorded session is the record. A summery is just that, much is left out. When that request is made, the “code” must mean, no electronic recording. Very difficult in a court of law to determine from summery as compared to electronic recording.
The issue is transparency and intent.
Below is a repost of a letter on public meetings.
A review. An executive meeting held under the Oregon Public Meeting Law, ORS, Chapter 192, by Public bodies, is no more than a private meeting. Public excluded.
Oregon’s open meeting laws have, only been in effect since 1973. What a set back that must have been. I wanted to add a distinction of process which can become like mud when trying to understand. Oregon has open meeting laws. Where there is proper notice in local papers, or posting in certain places which include a time of posting, The posting must be so many days before the meeting.
Just where and when did Kevin Stufflebean disclose the layoff of 22 Coos County Road Department workers, using words, such as, “that leaves 14 workers, because were letting 22 go†prior to December 31, 2008? Apparently no one can find it in a public meeting session before the 31st. The solution, if it has any importance, is a public document request for the recording of the executive meeting on December 16, just at the end of the morning Work Session- Budget Issues, 2008. If the release is denied, can appeal.
“A governing body may set a meeting solely to hold an executive session as long as it gives appropriate public notice. Notice requirements for executive sessions are the same as for regular, special or emergency meetings. However, labor negotiations conducted in executive session are not subject to public-notice requirements. Notice of an executive session must cite the specific law that authorizes the executive session. This authorization also must be announced before going into the executive session.â€
There are some very clear guide lines about the subject(s) of these executive sessions and the attendance of media. The Media is the only link to the public. However Media most times are formally ask not to disclosed information that is the subject of the executive session. I am sure a rule or two can be bent when combining subjects.
A caveat is, if the talk strays from the announce meeting subject, the media can without disclosure, of when and how, disclose what the stray talk was about, without telling the governing body the details. WOAH, that may restrict big mouth disloyal reporters from government meetings.
I remember the old times in Coos Bay, just as Joann Verger became mayor, and the world Editor changed hands and the South Coast Development Council was born. Up to that time, those off subject topics in the executive sessions of the Council meetings, were in the newspaper. But with the new ruling class, changes for the coalition developed and information disappeared.
Conclusion, executive meeting are a private meeting held in a manner as described in the Oregon Revised Statutes, under the Oregon open meeting laws, with conditions.
This the current best site for information.
http://www.open-oregon.com/
http://blog.oregonlive.com/oldtown/2008/01/A%20Quick%20Reference%20Guide%20to%20Oregon's%20Public%20Meetings%20Law.pdf
http://www.open-oregon.com/New_Pages/192-610.shtml