Rivas v. Board of Parole

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Administrative Law
  • Date Filed: 03-16-2016
  • Case #: A155575
  • Judge(s)/Court Below: Lagesen, J., for Court; Ortega, P.J.; & Garrett, J.
  • Full Text Opinion

Under Oregon’s Public Meetings Law, ORS 192.610-95, a “meeting” is a convening of a governing body for which a quorum is required to in order to make a decision on any matter, and a “convening” is a contemporaneous gathering.

Plaintiff appealed a judgment dismissing his complaint under ORS 192.680 (permitting a suit by a citizen affected by the decision of a public body against that body to enforce Oregon’s Public Meetings Law) against the Board of Parole for violations of Oregon’s Public Meetings Law for the Board’s use of the “file-pass” procedure in handling psychological evaluations of offenders. ORS 192.610-95. The Court held that the “file-pass” procedure did not constitute a “meeting” under the Public Meetings Law, as under the standard announced in Handy v. Lane County, 274 Or App 644 (2015), a “meeting” is a convening of a governing body for which a quorum is required to in order to make a decision on any matter, and a “convening” is a contemporaneous gathering. Because the “file-pass” procedure involves a serial consideration of a file, it does not fit the definition of a “meeting.” Affirmed.

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