Quorum can gather without violating the law

Mail Tribune (Medford, OR — Wayback)

2018-05-18

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Can five of the seven members of the Medford School Board meet as they did on election night without that counting as a public meeting? — multiple Mail Tribune readers A photo of five Medford School Board members awaiting election results at Four Daughters Irish Pub Tuesday night sparked questions and comments from more than a couple of readers, so here’s a rundown of how public meetings law applies to that situation. The Medford School Board is indeed subject to public meetings law, and as board chair, Karen Starchvick assumes primary responsibility for advising the board on compliance with the law. Public meetings must be announced in advance: the time, place and agenda are all required information. The law requires the timing of the announcement to be “reasonably calculated to give actual notice to interested persons and media who have asked in writing to be notified of meetings, and general notice to the public at large.” But five board members meeting together socially does not automatically qualify as a public meeting, even if their numbers technically constituted a quorum. What matters in unannounced situations such as this is the content of discussion while the board members are together. Board members cannot make any decisions, nor can they discuss information pertinent to decisions in a gathering that has not been announced as a public meeting. It probably isn’t possible to assure you that not one minute of unannounced official discussion occurred Tuesday night, although Starchvick told us she was “very clear upon arrival, no conversation except about the campaign.” The Mail Tribune reporter who was present for more than an hour noted Starchvick redirecting conversation twice when it did stray into matters that the board makes decisions about. The Oregon School Boards Association, which advises school district and school boards, offers guidance on its website regarding board members interacting socially. “Since there is always the temptation to discuss district business when you are all gathered together in the same place, each board member needs to be mindful to refrain from discussing district business,” the advice reads. It also notes issues of public perception: “If a community member sees a quorum attending, they are going to automatically think that there is a meeting.” If board members have a holiday party, and at a future meeting refer to something said during the party, “the public will certainly want to know what was discussed at the party,” OSBA says. So, our takeaway from all of your questions is that we can expect to see heightened attendance at school board meetings for the foreseeable future ... right? Send questions to “Since You Asked,” Mail Tribune Newsroom, P.O. Box 1108, Medford, OR 97501; by fax to 541-776-4376; or by email to [email protected]. We’re sorry, but the volume of questions received prevents us from answering all of them.