Leaders of Oregon’s Government Ethics Commission agreed Friday that there isn’t enough clarity surrounding their recently-acquired power to ensure public officials only make governing decisions in front of their constituents, leaving the door open for future legislative action or additional guidance from the commission.
During a discussion on communications and public records law, members of the statewide ethics board raised questions about the implementation of House Bill 2805, a 2023 law passed by the Oregon Legislature which gave the nine-member commission the power to investigate and train public officials across the state to comply with public meetings law. The commission is investigating the Salem City Council for such violations in a novel case, an issue that Commission Chair David Fiskum said could come to the board in its September meeting.
The 2023 legislation aimed to crack down on what the law calls “serial communications,” in which a majority of members of a governing body discuss issues relevant to their work and make decisions outside of the public eye in text messages, emails or private meetings. It’s long been illegal for a majority to meet and make decisions outside of public meetings…