OAR 199-040-0027: Employment of a Public Officer, Employee, Staff Member or Individual Agent under ORS 192.660(2)(a) and Compliance with ORS 192.660(7)(d)

(1) The purpose of this rule is to provide guidance to a governing body when the governing body holds an executive session permitted by ORS 192.660(2)(a): “To consider the employment of a public officer, employee, staff member or individual agent.” Only consideration of an initial employment is permissible under this section. ORS 192.660(2)(a) does not authorize decisions, deliberations, or discussions of other employment actions such as performance evaluation, complaints, discipline, termination, or extension of an employment contract. As provided in OAR 199-040-0020(3) compensation, including salaries and benefits, may not be discussed or negotiated in an executive session held under ORS 192.660(2)(a). (2) Employees and Staff Members. Before a governing body convenes an executive session to consider the initial employment of an employee or staff member under ORS 192.660(2)(a), the governing body shall: (a) Advertise the vacancy; and (b) Adopt regular hiring procedures. (3) Other Public Officers. Before a governing body convenes an executive session to consider initial employment of a public officer under ORS 192.660(2)(a), the governing body shall: (a) Satisfy the requirements in subsection (2)(a) and (b) of this section; and (b) offer the public an opportunity to comment on the employment of the public officer. (4) Chief Executive Officer. Before a governing body convenes an executive session to consider initial employment of a chief executive officer under ORS 192.660(2)(a), the governing body shall: (a) Satisfy the requirements in subsections (2)(a) and (b) and (3)(b) of this section; and (b) adopt hiring standards, criteria and policy directives at an open meeting at which the public has an opportunity to comment on the standards, criteria and policy directives before such adoption. (5) The prerequisite to "offer the public an opportunity to comment on the employment of the officer” means that the governing body shall provide the public with an opportunity to comment on the filling of the public officer’s position. It does not require that the public be given an opportunity to comment on named candidates for the position before the executive session is held. (6) When a governing body convenes an executive session to consider the employment of an individual agent under ORS 192.660(2)(a), the agent shall be an individual person. Some examples may include an attorney, an accountant, or another individual who would perform services on behalf of the public body in the capacity of an agent, even if the prospective individual agent works for a larger firm or company. A firm or business entity that consists of more than one person is not an individual agent, and a governing body shall not consider the employment of a firm or entity in executive session under ORS 192.660(2)(a). It is not required that the governing body fulfill the prerequisites listed in ORS 192.660(7)(d) when considering the employment of an individual agent in executive session under ORS 192.660(2)(a).