Perspective from the 19th Hole is the title I chose for my personal blog, which is meant to give me an outlet for one of my favorite crafts – writing – plus to use an image from my favorite sport, golf. Out of college, my first job was as a reporter for the Daily Astorian in Astoria, Oregon, and I went on from there to practice writing in all my professional positions, including as press secretary in Washington, D.C. for a Democrat Congressman from Oregon (Les AuCoin), as an Oregon state government manager in Salem and Portland, as press secretary for Oregon’s last Republican governor (Vic Atiyeh), and as a private sector lobbyist. This blog also allows me to link another favorite pastime – politics and the art of developing public policy – to what I write. I could have called this blog “Middle Ground,” for that is what I long for in both politics and golf. The middle ground is often where the best public policy decisions lie. And it is where you want to be on a golf course.
Many folks may not care about the issues lurking behind this blog headline. But I do, so I write about the issue…again.
Last Friday, Oregon Governor Tina Kotek announced that she “could” veto a bill – House Bill 4177 – passed by the last Legislature supposedly to fix problems with the state’s long-standing public meetings law.
Except, even as legislators passed the bill, a few who voted for the bill said it would not fix public meetings law issues. So, they said would come back in 2027 to do a more commendable job.
So, then, why pass a flawed bill?
Kotek asked the same question as she complied with a state law that requires any governor to announce publicly when he or she threatens a veto.
Why do I care about this issue enough to write about it again?
Well, when I served on the Oregon Government Ethics Commission, I and my colleagues on the Commission handled a lot of complaints against local government officials because they were alleged to have violated the law as it was revised in 2023.
The 2023 law was designed to underline the cause of open and transparent government in Oregon by preventing what were called “serial communications.” That phrase meant that local government officials were barred from starting private conversations with colleagues that could morph into quorums of the public body involved before a public meeting was called.
The clearest example occurred in my hometown, Salem, Oregon, when members of the City Council were reported to have collaborated before a public meeting about action to get rid of the city manager. All members of the Council, except the mayor, admitted they did talk, but all also said they did not intend for a quorum to exist. The mayor, who allegedly started the private conversations, never admitted that she did so.
Good idea to ban “serial communications” to support public action? Yes.
Hard to enforce? Yes.
Confusion on the part of local government officials? Yes.
And it was true that some local government officials were, as I put it, “trapped by a quorum that they did not want to exist.”
The city government association in Oregon got so incensed with how the Ethics Commission handled the issue that it said it would no longer work with the Commission on any training platforms. For one thing, they got mad at me because, at the time, I chaired the Commission. My term ended last December, so I am now free to comment the issue without representing anyone but myself.
Back to the current situation.
Here is how newspapers described Kotek’s veto announcement:
“Following outcry from professional journalist groups and Oregon news publishers, Kotek is considering vetoing a bill passed last month by the state Legislature that makes changes to the state’s public meetings law.
“Kotek on Thursday did her final signings for all but one bill, House Bill 4177. In a news release, she said she is considering a veto of the bill, which would be her only veto of laws passed by the Oregon Legislature in the most recent session that adjourned on March 6.
“In a statement, a Kotek spokesperson wrote: ‘The Governor understands the intent of the legislation; however she is considering a veto because of concerns that parts of the bill may undermine transparency in the conducting of public business.’
“In the short legislative session last February, the bill was backed by city and county government associations and school boards who wanted to provide clarity on a 2023 law that changed Oregon public meetings law, prohibiting public officials from deliberating and deciding measures via text, phone call and other chain conversations.
House Bill 4177 now exempts from the public meetings law such “serial communications” if they are “made for the purpose of gathering information relating to a decision that will be deliberated upon or made by the governing body.”
Proponents said it was needed to clarify that public officials aren’t violating state law when they text an article related to an issue to one another, or share their opinion with a reporter ahead of a vote, who then shares that opinion with other members of the governing body in the course of reporting.
The Oregon Chapter of the Society of Professional Journalists, the Oregon News Publishers Association, The Oregonian, and roughly a dozen small publishers, called on Kotek to veto the bill. During the short session, they warned that the bill fundamentally redefine what constitutes meetings and deliberations in a way that would allow public officials to do work in private with little transparency.
Despite the expressions of concern, state lawmakers passed HB 4177 anyway and vowed to come back in 2027 to make better fixes.
So, expert that I am, I have this real fix for this dilemma: Allowing local government officials to talk with each other and constituents without violating the “serial communication” prescriptions.
This:
I would allow elected officials to talk outside of a public meeting – otherwise there is only silence – and then at the ensuing public meeting, if their conversations came to light, ask those officials to attest, perhaps even under oath, that they did not intend for a quorum to result.
If they so attested, no violation.
So, now, the veto, if it comes to pass, would force the Legislature to do what it might do anyway, which is to fix the law in the name of government transparency.