More on how email communications by public officials may circumvent the public's right to know under open records and open meetings laws, this time in Oregon:
"In August, Eugene School District 4J's board of directors was accused of violating public meetings law by holding meetings via text and other messages — aka discussing school business without other members of the board or the public present or even notified of the meeting.
"Public records obtained by Eugene Weekly and interviews with board members revealed that while public meetings law may have been violated, the discussion in question was quickly stopped. Board members say any violation was accidental. The investigation did bring up concerns on the importance of retaining public records and of transparency from elected officials.
"Oregon Revised Statute 192.630(2) says that a quorum, defined as the minimum number of members who must be present for the group to take official action, of a public entity's governing body 'may not meet in private for the purpose of deciding on or deliberating toward a decision.'Though there is no number that defines a quorum, Oregon law says it 'appears to be a majority of the governing body.'
"If an elected body tries to circumvent this by meeting in smaller groups to reach a decision on a topic then that can be considered a 'serial meeting.' The law is clear about how members of a board can interact in person outside of meetings, but it does not mention the use of cell phones or other forms of group messaging. Generally, if a majority of a board discusses business, that discussion needs to happen in a public meeting.
"Any form of communication among public officials that discusses government — and in this case, school — business can be a public record under state law. That includes both school emails and private text messages between other board members.
"It can be more complicated to retrieve it but it remains a public record."
"The 4J board had a work session and training in September about public records retention and public meetings."
