OAR 199-040-0020: Permitted and Prohibited Topics for Executive Session

(1) The purpose of this rule is to clarify that an executive session may only be held when permitted by a specific provision of ORS 192.660 or other state law authorizing an executive session. The topic(s) discussed in an executive session must be limited to those topics expressly permitted by the specific provision(s) under which the executive session was convened. Members of governing bodies may not discuss topics in executive session other than those delineated in ORS 192.660 or other state law permitting an executive session, even if the additional topics are related to the issue concerning which the governing body convened the executive session. (2) Each prerequisite and requirement of the specific provision of ORS 192.660 must be met before an executive session may be convened under that provision. (3) Compensation, including salaries and benefits, must not be discussed or negotiated during an executive session under ORS 192.660(2)(a), (b) or (i). Example: City A interviews candidates for the position of city manager in an executive session held under ORS 192.660(2)(a). The governing body wishes to discuss non-salary compensation with the candidates, including access to a city vehicle and membership in a professional organization. This is not a topic permitted in executive session.