Board Meetings

1. Board Meetings The same-ole-same-ole revisited. This time with pizzazz! “Oh, boy, here we go again” Excerpts from a presentation at 2005 OACD Annual Convention by John McDonald, OACD, and Heather Rickenbach, ODA

2. Open Meetings Law ORS 192.610 to 192.710 • District meetings are open, so the public will: • Know directors’ activities and actions • Know information on which decisions are based • Unless executive session is justified! • Rules intended to be difficult

3. Essential Resource: Attorney General’s Public Records and Meetings Manual

4. When is a Meeting a “Meeting”? Quorum of “governing body” • Making decisions on or • Deliberating toward making decisions on “public issues”

5. When is a Meeting a “Meeting”? Committee, task force, advisory group • Established by the board • Deliberate toward recommendations to board • Make decisions carrying out board’s direction

6. When is a Meeting a “Meeting”? Staff meeting with enough directors present to have a quorum

7. When is a Meeting a “Meeting”? In the New Irreverent Bible translation: “If two or more are gathered together, in the name of the State of Oregon, to do the work of a Conservation District, there shall be an open meeting.” Paraphrased from the gospel according to Johnniemac 1:4

8. When is a Meeting Not a Meeting? • Staff meeting • Retreats • Training workshop • Two or more directors wearing camophlage suits and florescent orange vests creeping through the forest intent on killing Bambi’s uncle

9. A Quorum is a Quorum when … • A majority of the board positions are present [being awake preferred] • Not individuals, but positions represented • So: 4 of 7 directors, or 3 of 5 directors

10. Public Participation Not Required • No “right” to give testimony or comment • Except on: • Employment of public officer • Standards used to hire a CEO • Standards to evaluate CEO job performance • May be a “Best Meeting Practice”

11. Meeting Management: Agenda Clear, detailed, time-sequenced agenda with responsibilities assigned: • Sequence of items • Time allotted for each item • Major headings with topics, subjects, etc. • Responsible person identified • Action level requested: • decision, discussion, assignment, FYI

12. Meeting Management: Conduct Board should establish its own: • Ground rules • Rules of conduct for directors • Officer responsibilities • Chair • Secretary • Holding the meeting • Public input

13. Meeting Management: Length BIGGEST COMPLAINT HEARD Measures to take: • Well-planned agenda • Presiding officer stay on schedule • Use of committee work in advance • Advance study, information gathering • Committee, officer, staff reports sent early

14. Meeting Management: Length Measures to take: • Established policies and procedures for holding meetings • Limit debate: • assign to committees • send back for further study • Schedule invited guests, speakers early • Separate action and discussion items • Start actions with motions

15. Meeting Management: the Chair Inherent, Attorney General-defined authority to: • Keep order • Impose reasonable restrictions • Regulate or disallow public input • Remove disruptive persons • Enforce “ground rules” • Enforce district policies of meeting management

16. Meeting Locations: Where? • Adequate room, anticipating the unexpected • Within district boundaries • At district headquarters • At nearest practical location • Except for training or emergencies • Private places, if suitable • Not where discrimination practiced • Accessible to disabled

17. Notice of District Meetings • Time • Place • Major topics, issues, decisions, actions to be considered

18. Notice of District Meetings For what meetings? • Regular • Special • Emergency • Workshops • Committees, advisory groups • Staff meetings if quorum of directors present • Executive sessions called as such

19. Notice of District Meetings: To Whom? • Public mass media [general newspaper] • Mailing lists [esp., those requesting notice] • Interested persons requesting notice • Notice bulletin boards • Whom the district wants to invite

20. Notice of District Meetings: Timing • Regular monthly: reasonable, 14 days • Special: 24 hours – notice, call, fax, email • Emergency: less than 24 hours • Make best effort: call, fax • Must be an “emergency” • Not director work schedule or inconvenience

21. Executive Sessions • Red Flag: overuse, inappropriate use • Correct statutory citation announced • Correct statutory citation recorded in minutes

22. Executive Sessions Selected allowable purposes • Discuss employment of officer, employee, agent [ORS 192.660(1)(a)] • Discuss discipline or termination (1)(b) • Performance evaluations (1)(c) • Real property transactions (1)(e) • Exempt public records (1)(f) • Consulting legal counsel )1)(h)

23. Executive Sessions • Final decisions in open sessions • Not to avoid public involvement • Internal controversy • Directors uncomfortable with topic • Cannot exclude media, except for labor relations, but instruct not to report or record • Can invite individuals, at district discretion

24. Voting • All actions require a vote • Must be open [visible, audible], not secret • Decision of each director recorded • Chair should vote • Director may request reasons for vote or abstention be noted in minutes • Conflict of interest – may participate and vote

25. Best Meeting Practice [BMP]Be Prepared • Agenda • Committee work • Staff reports • Early delivery of materials to directors, others • Recommendations worked out in advance • Use audio / visuals, graphics to shorten long descriptions

26. Things to Avoid • Doing staff or committee work in session • Endless chatter on topics not on agenda • Discourtesy to guests, invited speakers • Frequent references to elk hunting • Improper use of executive session or not using executive session when appropriate

27. Things to Avoid • Directors not voting [including chair] • Letting “things” escalate to disruption • Lengthy discussion before motions • Making public or invited guests wait unreasonable time to speak • Directors speaking too long, too often, or off the topic • Distributing lengthy reports at last minute