OAR 199-040-0015: Commencement and Adjournment of an Executive Session

The purpose of this rule is to clarify when an executive session begins and ends. (1) An executive session is a meeting or part of a meeting of a governing body which is closed to certain persons for deliberations on certain matters. Governing bodies must deliberate in meetings open to the public unless the governing body has publicly identified the statutory authorization in ORS 192.660 or other lawful basis for closing the meeting to certain persons. (2) The public announcement of the statutory authorization or other lawful basis for the executive session must be made prior to entering the executive session. If an executive session only will be held, or if the executive session precedes a meeting open to the public, the announcement must be made in a properly issued meeting notice. If an executive session is held in conjunction with a regular, special or emergency meeting of the governing body, the announcement must be made during the portion of the meeting that is open to the public. (3) An executive session ends when the meeting ceases to be closed to the public. If a public meeting will be held again after the executive session, the governing body must use reasonable means to give actual notice to interested persons that the meeting is again a public meeting.