Perspective from the 19th Hole is the title I chose for my personal blog, which is meant to give me an outlet for one of my favorite crafts – writing – plus to use an image from my favorite sport, golf. Out of college, my first job was as a reporter for the Daily Astorian in Astoria, Oregon, and I went on from there to practice writing in all my professional positions, including as press secretary in Washington, D.C. for a Democrat Congressman from Oregon (Les AuCoin), as an Oregon state government manager in Salem and Portland, as press secretary for Oregon’s last Republican governor (Vic Atiyeh), and as a private sector lobbyist. This blog also allows me to link another favorite pastime – politics and the art of developing public policy – to what I write. I could have called this blog “Middle Ground,” for that is what I long for in both politics and golf. The middle ground is often where the best public policy decisions lie. And it is where you want to be on a golf course.
I know this blog headline is true because, when I served on the Oregon Government Ethics Commission (OGEC), we tried to deal with the issue, too.
Because I have retired from the Commission, I am free to write about this issue. And, I add that, in what for me is an ethical commitment, I won’t include anything in this blog that should remain confidential, honoring all my past commitments on this subject, as well as current ones.
The public meeting issue boils down to this:
Is it possible to preserve Oregon’s decades-long commitment to government actions being done in public – the “public meetings” law – while, at the same time, allowing public officials to talk with each other between meetings?
Sounds simple, but it is not.
Excerpts from a story in the Oregonian newspaper this week illustrate the tension. The story appeared under this headline: Bill could enable secret government talks, Oregon ethics chief warns.
On top of that, Oregonian editor Laura Gunderson upped the ante by writing a public letter to subscribers, contending that a “fix bill” under consideration in the Legislature is not worth passing because, she contended, confusion over the law is no reason to inject more secrecy.
And the East Oregonian newspaper in Pendleton, Oregon entered the fray with this comment:
“Oregonians are increasingly losing faith in their government and institutions. All too often, it feels like actions are taken without any notice or public input. A bill racing ahead in the current legislative session would only heighten that unease. It has the potential to create huge loopholes in Oregon’s longstanding open meetings law, enacted more than 50 years ago in recognition of the public’s right to know what government is up to.”
Here is how the original Oregonian story started:
“Oregon’s 53-year-old public meetings law requires elected officials to deliberate in public. After the Newberg School Board was accused of violating public meetings law, the Oregon Government Ethics Commission was granted the power to enforce public meeting requirements.
But the grant in 2023 was based on a piece of legislation then that has become controversial now.
So, the “fix bill” is under consideration in the current short special session in Salem, Oregon.
“A bill intended to clarify what public officials can and cannot talk about outside of public meetings could lead to secret discussions of public business by some or all members of city councils or other local governments,” the head of Oregon’s Ethics Commission told lawmakers Tuesday.
The Oregonian added: “It is the intent of the public meetings law that government decisions be arrived at openly. Yet, House Bill 4177, strongly supported by virtually every local government association in Oregon, would allow “many more private conversations and discussions … that might relate to a decision that is about to be made.”
Myers added that a section that would provide broad exceptions to the public meetings law ‘gives me heartburn.’
Well, it is not an exaggeration to say that local government organizations – especially cities led by the League of Oregon Cities – have heartburn over Myers’ efforts to implement the 2023 legislation.
So much so that the League told me when I chaired the Ethics Commission last year that it would no longer attend Commission training sessions on the public meetings law, even as the association leveled heavy criticism overall.
Plus, in my last year on the Commission, we spent a lot of time handling complaints about alleged local government violations of the open meetings law, so much so that we had to increase the frequency of Commission meetings to handle the growing workload.
With the tension, it was clear to some that action needed to be taken to improve the law.
Under the existing law, local government organizations are not allowed to meet in the same ways legislators do, or, if they do, they would be subject to complaints.
Representative Nathan Sosa formed a “work group” to try to reach agreement on a compromise. [Sosa is a talented representative and, in the spirit of full disclosure, I worked closely with him when he served on and chaired the Ethics Commission before getting elected to the Legislature from his home in the Hillsboro.]
The Sosa work group included local government associations that want clearer guidance for their members. They tried to craft language to help elected officials, many of them unpaid volunteers, know where to draw the line when texting or talking to each other outside of public meetings.
But the Oregonian reported that four high-profile Oregon journalism leaders, including an in-house lawyer for Oregon Public Broadcasting and Therese Bottomly, retired former editor of The Oregonian/OregonLive, testified they had “grave concerns” that the proposed compromise bill would allow elected officials to engage in wide-ranging private discussions about public business.
“’Public meetings are often the only way that journalists and other members of the public can find out what their government is doing and what the issues are,” said Nick Budnick, sunshine chair of the Greater Oregon Chapter of the Society of Professional Journalists, which was invited to have a representative on the work group.
“’This bill is rife with potential to circumvent the people’s law in ways that run contrary to the Legislature’s intent. It would significantly narrow the definition of the kind of deliberation that needs to be conducted in the view of the public in the light of day to keep the public informed,’ he added.”
There’s the challenge: Require government decisions to be made in public but allow officials to talk privately.
It is not clear yet whether the compromise bill will pass in this short session, but passage did appear more likely late last week as several legislators voted for it in committee even as they said they were not sure it was a good solution.
Then that possibility gained a bit of momentum late this week when a subcommittee of the Joint Ways and Means Committee voted the bill out to the full committee. And, if you wonder why this bill was in the budget-making committee, it was to keep it alive late in the short session since bills there always are alive until adjournment.
Several legislators have said that, if the compromise doesn’t work, they will re-visit the issue in the next long session in 2027.
My quick view: Legislators are facing the same complex issue we faced when I served on the Ethics Commission. The best solution remains unclear.