72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to HB 2425
LC 363/HB 2425-1
HOUSE AMENDMENTS TO
HOUSE BILL 2425
By COMMITTEE ON JUDICIARY
March 31
On page 1 of the printed bill, line 2, delete '1.760,'.
Delete line 3 and insert '192.501, 192.502, 192.660 and
342.176; and de-'.
On page 4, line 6, after 'measures' insert ', or weaknesses or
potential weaknesses in security measures,'.
In line 7, restore the bracketed material and delete the
boldfaced material.
In line 11, delete ', that are used or operated by a public
body'.
On page 8, line 17, delete 'that are in liquid form' and insert
'(7)(a), (b) and (d)'.
Delete line 21 and insert:
' (b) Telecommunication systems, including cellular, wireless
or radio systems.
' (c) Data transmissions by whatever means provided.'.
On page 12, line 14, delete 'that are in liquid form' and
insert '(7)(a), (b) and (d)'.
Delete line 18 and insert:
' (b) Telecommunication systems, including cellular, wireless
or radio systems.
' (c) Data transmissions by whatever means provided.'.
Delete lines 19 through 45.
Delete pages 13 through 18.
On page 19, delete lines 1 through 12 and insert:
' { + SECTION 4. + } ORS 192.660 is amended to read:
' 192.660. (1) { - Nothing contained in - } ORS 192.610 to
192.690
{ - shall be construed to - } { + do not + } prevent the
governing body of a public body from holding executive session
during a regular, special or emergency meeting, after the
presiding officer has identified the authorization under ORS
192.610 to 192.690 for
{ - the - } holding { - of such - } { + the + } executive
session.
' { + (2) The governing body of a public body may hold an + }
executive session { - may be held - } :
' (a) To consider the employment of a public officer, employee,
staff member or individual agent. { - The exception contained
in this paragraph does not apply to: - }
' { - (A) The filling of a vacancy in an elective office. - }
' { - (B) The filling of a vacancy on any public committee,
commission or other advisory group. - }
' { - (C) The consideration of general employment
policies. - }
' { - (D) The employment of the chief executive officer, other
public officers, employees and staff members of any public body
unless the vacancy in that office has been advertised,
regularized procedures for hiring have been adopted by the public
body and there has been opportunity for public input into the
employment of such an officer. However, the standards, criteria
and policy directives to be used in hiring chief executive
officers shall be adopted by the governing body in meetings open
to the public in which there has been opportunity for public
comment. - }
' (b) To consider the dismissal or disciplining of, or to hear
complaints or charges brought against, a public officer,
employee, staff member or individual agent { - , unless such
public officer, employee, staff member or individual agent
requests - } { + who does not request + } an open hearing.
' (c) To consider matters pertaining to the function of the
medical staff of a public hospital licensed pursuant to ORS
441.015 to 441.063, 441.085, 441.087 and 441.990 (3) including,
but not limited to, all clinical committees, executive,
credentials, utilization review, peer review committees and all
other matters relating to medical competency in the hospital.
' (d) To conduct deliberations with persons designated by the
governing body to carry on labor negotiations.
' (e) To conduct deliberations with persons designated by the
governing body to negotiate real property transactions.
' (f) To consider { + information or + } records that are
exempt by law from public inspection.
' (g) To consider preliminary negotiations involving matters of
trade or commerce in which the governing body is in competition
with governing bodies in other states or nations.
' (h) To consult with counsel concerning the legal rights and
duties of a public body with regard to current litigation or
litigation likely to be filed.
' (i) To review and evaluate { - , pursuant to standards,
criteria and policy directives adopted by the governing body, - }
the employment-related performance of the chief executive officer
of any public body, a public officer, employee or staff member
{ - unless the person whose performance is being reviewed and
evaluated requests - } { + who does not request + } an open
hearing. { - The standards, criteria and policy directives to
be used in evaluating chief executive officers shall be adopted
by the governing body in meetings open to the public in which
there has been opportunity for public comment. An executive
session for purposes of evaluating a chief executive officer or
other officer, employee or staff member shall not include a
general evaluation of an agency goal, objective or operation or
any directive to personnel concerning agency goals, objectives,
operations or programs. - }
' (j) To carry on negotiations under ORS chapter 293 with
private persons or businesses regarding proposed acquisition,
exchange or liquidation of public investments.
' (k) By a health professional regulatory board to consider
information obtained as part of an investigation of licensee or
applicant conduct. { - Notwithstanding paragraph (b) or (c) of
this subsection, subsection (5) of this section or ORS 192.650,
the public disclosure of minutes, transcripts or recordings
relating to the substance and disposition of the matter
investigated are governed by ORS 676.175. - }
' (L) By the State Landscape Architect Board, or an advisory
committee to the board, to consider information obtained as part
of an investigation of registrant or applicant conduct.
{ - Notwithstanding subsection (5) of this section or ORS
192.650, the public disclosure of minutes, transcripts or
recordings relating to the substance and disposition of the
matter investigated is governed by ORS 671.338. - }
' { + (m) To discuss information about review or approval of
programs relating to the security of any of the following:
' (A) A nuclear-powered thermal power plant or nuclear
installation.
' (B) Transportation of radioactive material derived from or
destined for a nuclear-fueled thermal power plant or nuclear
installation.
' (C) Generation, storage or conveyance of:
' (i) Electricity;
' (ii) Gas in liquefied or gaseous form;
' (iii) Hazardous substances as defined in ORS 453.005 (7)(a),
(b) and (d);
' (iv) Petroleum products;
' (v) Sewage; or
' (vi) Water.
' (D) Telecommunication systems, including cellular, wireless
or radio systems.
' (E) Data transmissions by whatever means provided. + }
' { - (2) - } { + (3) + } Labor negotiations shall be
conducted in open meetings unless both sides of the negotiators
request that negotiations be conducted in executive session.
Labor negotiations conducted in executive session are not subject
to the notification requirements of ORS 192.640.
' { - (3) - } { + (4) + } Representatives of the news media
shall be allowed to attend executive sessions other than those
held under subsection { - (1)(d) - } { + (2)(d) + } of this
section relating to labor negotiations or executive session held
pursuant to ORS 332.061 (2) but the governing body may require
that specified information subject of the executive session be
undisclosed.
' { - (4) - } { + (5) + } When a governing body convenes an
executive session under subsection { - (1)(h) - }
{ + (2)(h) + } of this section relating to conferring with
counsel on current litigation or litigation likely to be filed,
the governing body shall bar any member of the news media from
attending the executive session if the member of the news media
is a party to the litigation or is an employee, agent or
contractor of a news media organization that is a party to the
litigation.
' { - (5) - } { + (6) + } No executive session may be held
for the purpose of taking any final action or making any final
decision.
' { + (7) The exception granted by subsection (2)(a) of this
section does not apply to:
' (a) The filling of a vacancy in an elective office.
' (b) The filling of a vacancy on any public committee,
commission or other advisory group.
' (c) The consideration of general employment policies.
' (d) The employment of the chief executive officer, other
public officers, employees and staff members of a public body
unless:
' (A) The public body has advertised the vacancy;
' (B) The public body has adopted regular hiring procedures;
' (C) In the case of an officer, the public has had the
opportunity to comment on the employment of the officer; and
' (D) In the case of a chief executive officer, the governing
body has adopted hiring standards, criteria and policy directives
in meetings open to the public in which the public has had the
opportunity to comment on the standards, criteria and policy
directives.
' (8) A governing body may not use an executive session for
purposes of evaluating a chief executive officer or other
officer, employee or staff member to conduct a general evaluation
of an agency goal, objective or operation or any directive to
personnel concerning agency goals, objectives, operations or
programs.
' (9) Notwithstanding subsections (2) and (6) of this section
and ORS 192.650:
' (a) ORS 676.175 governs the public disclosure of minutes,
transcripts or recordings relating to the substance and
disposition of licensee or applicant conduct investigated by a
health professional regulatory board.
' (b) ORS 671.338 governs the public disclosure of minutes,
transcripts or recordings relating to the substance and
disposition of registrant or applicant conduct investigated by
the State Landscape Architect Board or an advisory committee to
the board. + }
' { + SECTION 5. + } ORS 342.176 is amended to read:
' 342.176. (1) Upon receipt of a complaint or information that
a person has violated ORS 342.143 or 342.175, the Teacher
Standards and Practices Commission shall promptly undertake an
investigation.
' (2) The commission may appoint an investigator and shall
furnish the investigator with appropriate professional and other
special assistance reasonably required to conduct the
investigation, and the investigator is empowered to subpoena
witnesses over the signature of the executive director, swear
witnesses and compel obedience in the same manner as provided
under ORS 183.440 (2).
' (3) Following completion of the investigation, the executive
director shall report in writing any findings and recommendations
to:
' (a) The commission, meeting in executive session, at its next
regular meeting following completion of the investigation; and
' (b) The person against whom the charge is made.
' (4) The documents and materials used in the investigation and
the report of the executive director are confidential and not
subject to public inspection unless the commission makes a final
determination that the person charged has violated ORS 342.143 or
342.175.
' (5) If the commission finds from the report that there is
sufficient cause to justify holding a hearing under ORS 342.177,
it shall notify in writing:
' (a) The person charged, enclosing a statement of the charges
and a notice of opportunity for hearing;
' (b) The complainant; and
' (c) The employing district, if any.
' (6) If the commission finds from the report that there is not
sufficient cause to justify holding a hearing under ORS 342.177,
it shall notify in writing:
' (a) The person charged;
' (b) The complainant; and
' (c) The employing district, if any.
' (7) Notwithstanding ORS 192.660 { - (5) - } { + (6) + },
the commission may make its findings under this section in
executive session. However, the provisions of ORS 192.660
{ - (3) - } { + (4) + } apply to { - such - } { + the + }
sessions.'.
In line 13, delete '13' and insert '6'.
In line 17, delete '192.690' and insert '192.660' and delete
'meetings' and insert 'executive sessions'.
In line 19, delete '14' and insert '7'.
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