Unfortunately the Oregon Government Ethics Commission, in negotiating a settlement with Commissioners Parry and Main over unauthorized executive sessions effectively gave up the opportunity to fully address a third complaint. Main stipulated to two violations of public meeting laws on January 14 and May 10 and Parry stipulated to a single violation also on May 10 regarding the selection of Fred Messerle as interim commissioner. Unfortunately, a portion of a May 17 executive session held prior to swearing in Messerle is also believed to have been in violation of Oregon statutes that says any deliberations to fill an elected position must be conducted before the public, was included in the settlement even though it was not addressed in the order.
By stipulating to the order the commissioners avoided an investigation into that particular session and the public are left with a complicated recourse. In order to obtain access to any recording of the May 17 executive session will require filing a public records request which when denied citing exemption would prompt an appeal of denial to the district attorney and probably require a civil suit as was the case in Lane County.
