Minutes Crook County Natural Resources Committee Special Meeting November: 25, 2024 Committee Members Present: Bill McCormack, Frank Porfily, Mike Lunn, Lynne Breese, Calista Songstad, Tim Deboodt, Kim Vogel, Melinda Kestler, Steve McGuire, Andy Gallagher, Cliff Kiser Members Absent: Casey Kaiser Guests Present: Eric Blaine, Crook County Counsel Public Present: Justin Alderman Meeting was called to order at 1:00 p.m. by Chair Steve McGuire Pledge of Allegiance The purpose of the Special meeting of the Crook County Natural Resources Advisory Committee (NRAC) was held to discuss the Grievance letter sent by Justin Alderman representing Prineville Review, an online publication inr regards to operational issues oft the NRAC1 fori its November 13th, 2024 meeting and the meeting oft the subcommittee discussing Big Summit Prairie held October 16, 2024. Steve asked Tim to review thei issue before the NRAC today. Tim explained that both the Board of County Commissioners: and the NRAC (through the County's Administrative Office) received a grievance letter on November 14 @ 2:43 p.m. The grievance was submitted by. Justin Alderman, managing editor of Prineville Review, an online publication. The letter included 2 alleged violations of ORS1 192.610 through 192.705 and requested a response to said allegations within 21 days of the notice. The allegations contained in the letter are copied below: 1) On and since November 13th, 2024, the NRAC failed to provide for the public its meeting minutes as required under ORS 192.650. During its Nov 13th meeting, an appointed member of the NRAC also inaccurately claimed that the notices and minutes were posted on the Crook County Meetings webpage. It was not until on or about Nov. 12th, 2024, that the NRACI hade even made a notice for any meeting. for 2024 (for the Nov: 13th, 2024 2) On or before Nov.. 13th, 2024, as subcommittee oft the NRAC held one or more meetings following its formation and appointment ofi its members on or about Oct. 9th during al NRAC public meeting. These meetings oft the meeting) of the NRAC, but meeting minutes did not exist at this time. NRAC: subcommittee were in violation oft the OPML as they failed to: a) Provide public notice as required under ORS 192.640 and OAR: 199-050-0040 b) Be open to the public in violation of ORS 192.630 and OAR: 199-050-0050 c) Comply with the provisions of ORS 192.660 by effectively holding an un-noticed executive session. Tim then introduced Eric Blaine, Crook County Counsel fort the purposes of understanding the grievance Eric again reviewed the letter submitted by. Justin Alderman (attached to these minutes) and provided an overview of ORS 192.610 - 192.705. Eric shared thati for the purpose oft this review, the process for and advising the NRAQ on how to respond. responding under the statutes require either: 1) No finding of violation, that thei information in the letter is not accurate, or 2) That the information in the letter is accurate but no violation occurred, or 3) Thei information in the letter is accurate and the errors have been corrected. Mike Lunn asked Erici ifi itr makes any difference that the subcommittee meeting in question has/had no authority to make any decisions, that all decisions made by the NRAC is done at its regularly scheduled monthly meetings with public discussion. Mike shared with Eric that the subcommittee meeting was held to flush out what are the issues associated with public versus private ownership of the "Waibel Frank Profily asked Erici if we have been violating Public meeting laws and if minutes of the NRAC meetings have been published on the County's website as required by state law. Kim Vogel asked about the liability ofi individuals on the Counyicommiteyawaon boards and commissions and their individual exposure to financially covering costs of legal issues. Eric responded to Mike in that there is a good chance that the subcommittee meeting met the criteria of a public meeting and should have been noticed even though it was not a decision making body and that a quorum of the entire committee was present. Eric also shared with Frank that in his findings that all 2024 meeting notices and meeting minutes were posted on the County's website and available to the public. Eric shared some complicated rulings with regards to who is responsible for legal costs as individuals serving on County committees depending on whether or not that responsibility was a part of Eric explained to the Committee the differences between "a governing body" and a "public body". Ultimately, Eric stated that the NRAC is subject to public meetings law and ifi its subcommittees make recommendations to the entire NRAC than it tooi is assumed that public meeting laws (notices and Melinda Kestler shared with Eric that in the by-laws adopted by the NRAC and approved by previous County government that subcommittee meetings do not meet the criteria for notice and minutes since they don't make decisions and are less than a quorum. Eric said the by-laws need to be updated to Eric provided the NRAC with handouts on Governing Bodies Subject to Public Meetings law, up-coming trainings by the Ethics Commission (4), handouts on the use of Executive Meetings, and handouts portion of Big Summit Prairie". the individuals' "compensation" for serving. minutes) are required. eliminate that provision. containing ORS192.705. Tim reviewed changes in procedures since the November 13 regular meeting: 1) Created an Oct 16 meeting date on County'sv website with draft minutes of that meeting posted. 2) The format of meeting notices changed to improve readability. 3) Draft minutes of meetings will now be posted within 21 days of meeting (County Policy) 4) Local news organizations receiving notices will be Central Oregon Rancher, Central Oregonian and Prineville Review Inc closing, Eric again shared that the NRAC has 21 days to respond (Dec. 5th). The committee needs to make findings about the alleged violations contained in the grievance letter. Eric volunteered to help draft a response letter and that the NRAC could appoint someone from the NRAC1 to sign on the Kim' Vogel moved to have Steve McGuire sign, with Lynne Breese as an alternate signer, a letter committee's behalf. responding to the grievance from the NRAC. Calista Songstad seconded. Votes yes: Melinda, Frank, Kim, Calista, Bill, Cliff, Mike, Steve, Lynne, Andy Votes no: none Motion passed Public Comment: Chair Steve asked ift there was any public comment. Kim asked Justin what thei intent of the grievance was? Justin, ins sharing his thoughts said that he wasn'trequired to respond but gave his history in serving as watch dog of public processes. He shared that grievance was filed because a 30 day window was closing on the issue oft the subcommittee meeting held on October 16 and that his actions were noti intended to be adversarial but instead to assure that issues were actually fixed and not swept to the side. Justin shared his work history asa representative oft the media and the responsibility of media to provide tansgparenyofgpverment Cliff shared that all individuals on the NRAC work to insure that no public law is violated. Justin shared that a complaint was noti issued, that his grievance is generate information that hopefullyalleviates work to the public. issues without ai formal complaint. No other public comments: Meeting motion to adjourn was made by Frank. Mike seconded. Voting yes: Melinda, Frank, Mike, Cliff, Lynne, Kim, Bill, Andy, Steve, Calista Voting no: none Motion Passed, meeting was adjourned at 2:30 p.m. PRINEVILLE REVIEWI November 14th, 2024 Via email to Sarah.Puernerccroocounyoryo Crook County Natural Resource Advisory Committee 308 NE 2nd St Prineville, OR 97754 Subject: Formal Grievance under Oregon Public Meetings Law (ORS 192.705/HB: 2805) Dear Committee Members, Please consider this at formal grievance pursuant to Oregon HB: 2805 andi the process laid out in Oregon Public Meetings Law ("OPML"). Pursuant to ORS 192.705, Ihereby request a response from the Crook County Natural Resources Advisory Committee ("NRAC") fort the 1) On and since November 13th, 2024, the NRAC failed to provide for the public its meeting minutes as required under ORS 192.650. During its Nov 13th meeting, an appointed member of the! NRAC alsoi inaccurately claimed that the notices and minutes were posted on the Crook County Meetings webpage. It was not until on or about Nov. 12th, 2024, that thel NRAC had even made a notice for any meeting for 2024 (for thel Nov 13th, 2024 meeting) of the NRAC, but meeting minutes did not exist att this time. 2) On or before Nov. 13th, 2024, as subcommittee of the NRAC held one or more meetings following its formation and appointment ofi its members on or about Oct. 9th during al NRAC public meeting. These meetings oft the NRAC subcommittee were in violation of the OPML following alleged violations of ORS 192.6101 to 192.705 within 21 days oft this notice: as they failed to: a) Provide public notice as required under ORS 192.640: and OAR 199-050-0040 b) Be open tot the publici in violation of ORS 192.630: and OAR 199-050-0050 c) Comply with the provisions of ORS 192.660 by effectively holding an un-noticed executive session. Members of thel NRAC itself admitted on Nov. 13th to atl least one such meetings taking place, while some members were also questioning if such meetings were even required tol be public - showing a clear lack of understanding of the OPML. The NRAC and its subcommittee are both a' "public body" and the members of both are a 'governing body" as defined in ORS 192.610. The subcommittee provider recommendations and advice tot the NRAC itself, which then int turn provides recommendations and advice toi the Crook County Board of Commissioners. Additional Notes: Isubmit this grievance because time is oft the essence due to the thirty day limitation under ORS 192.7051 to submit. a grievance of an alleged violation in order to preserve the right to consider at formal complaint to the Oregon Government Ethics Commission should we feel it necessary following your reply. However, iti is my hope the response by the NRAC and/or its membersi individually' willa address these concerns and articulate a plant to ensure future compliance with the Oregon Public Meeting's Law and the spirit of open and This grievance was also madel based on remarks made by members of the committee just before and duringi its Nov 13th meeting after the Prineville Review delivered a request for notifications of public meetings by this publications, including the committee's chair. The remarks raise concerns as tot the attitude ofs some (but not all) members oft this body on the responsibility and duty to the public related to transparent government. Ihope this process will provide for the board to seek whatever necessary education and establish process necessary to ensure compliance with the OPML. The OGEC does provide public meetings training to members of governing bodies. transparent government for the public. Ishould also mention thatt the NRAC failed to provide notice of its main Nov 13th meeting with enough notice calculated to provide actual notice under the law, or more than 48 hours as required under OAR 199-050-0040/4)0), but efforts by the County staff appear to already be underway to assisti its advisory bodies with those efforts andt the meeting was atl least noticed (unlike its past meetings). Itis my hope that the response willf fully address these concerns and belieft that af formal complaint to the OGEC is not necessary. Should any of the sub-committee members personally dissenti from any response (inf full or part) to this grievance made as a collective body, welcome direct responses individually for consideration by members ofi the subcommittee created byt the NRAC. Members should be aware that potential actions byt the OGEC are with members int theiri individual capacity. As thisi is an advisory body formed and which appears to serve att the pleasure oft the Crook County Board of Commissioners, Ihave copied them int this communication. Respectfully, /s/. Justin Alderman Justin Alderman, Managing Editor Prineville Review I prinevilerview.com 64D34:20/4jacemanemanepme-lerpwewcon CC: Crook County Board of Commissioners Seth Crawford, Commissioner-setherawlord@erookcountyorgoy Brian Barney, Commissioner-Drian.Darmey@crookcountyor.gor Susan Hermreck, Commissioner-susanermreck@eroocounyorgoy Governing Bodies Subject to Public Meetings Law What governing bodies are subject to Public Meetings Law? Agoverning body, per ORS 192.610(5), is: With authority to make decisions for or recommendations to a public body on policy or administration Two or more members of a public body The governing bodies subject to Public Meetings Law, per OAR 199-050-0010(1), are: Decision-Making Bodies Make decisions on policy or administration III Including exercising governmenta power and acting on behalf of the public body Advisory Bodies Formed by public body Tom make recommendations to public body on policy or administration What bodies are NOT subject to Public Meetings Law? The bodies NOT subject to Public Meetings Law, per OAR 199-050-0010(2), are: - & a Fact Gathering Bodies Purpose is to gather and provide factual information Cannot make decisions or recommendations Bodies Advising Individual Public Officials Appointed by an individual public official Can only make recommendations to that public official Certain Multi-Jurisdiction Mult-jurisdictional bodies Oregon members do not make up a majority of the governing body's voting members Bodies 10/24 Oregon Government Ethics Commission Meetings Subject to Public Meetings Law Ameeting is "the convening of a governing body of a public body for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter" [ORS 192.610(7)(a)). +h QUORUM Aquorum, or the minimum number of members needed to conduct business, is present. DECISION/ DELIBERATION The group is talking about matters that could come before the governing body for deliberation or decision. CONVENING When governing body members convene (in- person, virtually, or via other methods described in ORS 192.610(1). A Meeting (Public Meetings Law applies) There are a few communications where Public Meetings Law does not apply: Purely informational & factual Unrelated to governing body's deliberation or decisions Non-substantive (scheduling, On-site inspections Association gathering leave, etc.) Public Meetings Law does not apply so long as communications do not convey deliberations or decisions that might reasonably come before the governing body. See ORS 192.690(1)(m) and OAR 199-050-0015/3). Call OGEC at 503-378-5105 for more information. 10/24 B S D a 0 e Executive Session Webinar January 31st 2025, 10:00 am - 11:00 am Title Executive Session Webinar Location Online Start Time 1/31/2025 10:00A AM End' Time 1/31/2025 11:00AM Link Register here Details This session is designed for individuals of governing bodies subject to Oregon Public Meetings Law, however, anyone can attend. The course content will cover the individual responsibilities of public officials, the process toc convene an executive session, and the lawful reasons for holding an executive session. This session is 60 minutes. Please note that this session DOES NOT satisfy the Oregon Public Meetings Law training requirement for governing body members in ORS 192.700. Webinars are intended for individual signups - if you have a group who would like to attend, please sign up individually or contact us and we'd be happy to schedule a webinar or hybrid training for your group specifically. Please register for this training at least 24 hours in advance. Public Meetings Law Webinar December 18th 2024, 5:30 pm - 8:00 pm Title Public Meetings Law Webinar Location Start Time 12/18/2024 5:30F PM End Time 12/18/2024 8:00PM Link Register Here Details This session is designed for individual governing body members that are subject to Oregon Public Meetings Law, however, anyone can attend. This session satisfies the Public Meetings Law training requirement in ORS 192.700. The course content will cover the individual responsibilities of governing body members, how the statutes apply to convening a public meeting, a general overview of executive session provisions, and a Webinars are intended for individual signups - if you have a group who would like to attend, please sign up individually or contact us and we'd be happy to schedule a webinar or hybrid training for your group look at the grievance process. This session is two and a half hours. specificaly. Please register for this training at least 24 hours in advance. While a executive session is covered, for governing body members looking for a training focused solely on executive session, we recommend taking our 60-minute webinar on executive sessions, found on our website: htps/wwworegon.gongovogectanngpagesrwepinars.asp* Public Meetings Law Webinar January 3rd 2025, 1:00 pm - 3:30 pm Title Public Meetings Law Webinar Location Start Time 1/3/2025 1:00 PM End' Time 1/3/2025 3:30 PM Link Register Here Details This session is designed for individual governing body members that are subject to Oregon Public Meetings Law, however, anyone can attend. This session satisfies the Public Meetings Law training requirement in ORS 192.700. The course content will cover the individual responsibilities of governing body members, how the statutes apply to convening a public meeting, a general overview of executive session provisions, and a look at the grievance process. This session is two and a half hours. Please register for this training at least 24 hours in advance. Webinars are intended for individual signups. If you have a group who would like to attend, please sign up individually or contact the training team at raning@ogec.oregon gov. We'd be happy to schedule a webinar or hybrid training for your groups specifically. While a executive session is covered, for governing body members looking for a training focused solely on executive session, we recommend taking our 60-minute webinar on executive sessions, found on our website: htps/www.oregon.googectranngpageswepinars.asp* Public Meetings Law Webinar January 9th 2025, 1:00 pm - 3:30 pm Title Public Meetings Law' Webinar Location Start Time 1/9/2025 1:00 PM End Time 1/9/2025 3:30P PM Link Register Here Details This session is designed for individual governing body members that are subject to Oregon Public Meetings Law, however, anyone can attend. This session satisfies the Public Meetings Law training requirement in ORS 192.700. The course content will cover the individual responsibilities of governing body members, how the statutes apply to convening a public meeting, a general overview of executive session provisions, and a Webinars are intended for individual signups - if you have a group who would like to attend, please sign up individually or contact us and we'd be happy to schedule a webinar or hybrid training for your group look at the grievance process. This session is two and a half hours. specifically. Please register for this training at least 24 hours in advance. While a executive session is covered, for governing body members looking for a training focused solely on executive session, we recommend taking our 60-minute webinar on executive sessions, found on our website: https:lwww.oregoregon.govlogec/rainingpages/wes/webinars.aspx 192.705 Filing written grievance; required response. (1)A person who believes that a governing body has acted in violation ofORS 192.6101 to 192.705 may, within 30 days ofthe alleged violation, file a written grievance with the public body whose governing body is alleged tol have violated ORS 192.610 to 192.705, setting forth the specific facts and circumstances that the person asserts amounted to a violation of ORS 192.610 to 192.705. The grievance must state the identity oft the person filing the grievance and any other information (2)Ap public body receiving a written grievance filed under this section shall, within 21 days ofthe receipt of (b)(A) Denying that the facts and circumstances as set forth in the grievance accurately reflect the conduct of the governing body and setting forth the facts and circumstances as determined by the public body and the reasons why those facts and circumstances do not amount to a violation ofORS 192.610 to 192.705; (B)Admitting that the facts and circumstances as set forth in the grievance accurately reflect the conduct of the governing body but denying that those facts and circumstances amount to a violation ofORS 192.6101 to (C)Admitting that the conduct of the governing body amounted to a violation ofORS 192.610 to 192.705 and setting forth the steps the governing body will take to cure the violation, including but not limited to: (i). Rescinding the decision taken by the governing body in violation ofORS 192.610 to 192.705; or ()Acknowledging in a properly noticed and conducted public meeting held within 45 days oft the governing required by the Oregon Government Ethics Commission by rule. the grievance, provide a written response to the person: ()Acknowledging receipt oft the grievance; and 192.705; or body's original decision that: ()The original decision was made in violation of ORS 192.6101 to 192.705; (II) Good cause exists for the governing body to not rescind the decision; and (III) The governing body's practices will be modified to ensure future violations ofORS 192.610 to 192.705 (3) Thej public body shall send a copy oft the written grievance and the public body's response under this section tot the Oregon Government Ethics Commission at the time the public body responds to the person who do not occur. filed the grievance. PRINEVILLE REVIEWI November 14th, 2024 Via email to Sarah.Puermer@erookcountyorgov Crook County Natural Resource Advisory Committee 308 NE 2nd St Prineville, OR 97754 Subject: Formal Grievance under Oregon Public Meetings Law (ORS 192.705/HB: 2805) Dear Committee Members, Please consider this af formal grievance pursuant to Oregon HB: 2805 and the process laid out in Oregon Public Meetings Law ("OPML"). Pursuant to ORS 192.705, Ihereby request a response from the Crook County Natural Resources Advisory Committee ('NRAC") for the 1) On and since November 13th, 2024, the NRAC failed to provide fort the public its meeting minutes as required under ORS 192.650. During its Nov 13th meeting, an appointed member oft the NRAC also inaccurately claimed that the notices and minutes were posted on the Crook County Meetings webpage. It was not until on or about! Nov. 12th, 2024, that the NRAC had even made a notice for any meeting for 2024 (for the Nov 13th, 2024 meeting) of the NRAC, but meeting minutes did note exist at this time. 2) On or before Nov. 13th, 2024, a subcommittee of thel NRAC held one or more meetings following its formation and appointment of its members on or about Oct. 9th during al NRAC public meeting. These meetings of thel NRAC subcommittee were in violation of the OPML following alleged violations of ORS 192.6101 to 192.705 within 21 days of this notice: 2BA as they failed to: a) Provide public notice as required under ORS 192.640 and OAR 199-050-0040 b) Be open tot the public in violation of ORS 192.630 and OAR 199-050-0050 c) Comply with the provisions of ORS 192.660 by effectively holding an un-noticed executive session. Members oft the NRAC itself admitted on Nov. 13th to at least one such meetings taking place, while some members were also questioning ifs such meetings were even required to be public - showing a clear lack of understanding of the OPML. The NRAC andi its subcommittee are both a' public body" and the members of both are a' "governing body" as defined in ORS 192.610. The subcommittee provider recommendations and advice tot the NRAC itself, whicht then in turn provides recommendations and advice to the Crook County Board of Commissioners. Additional Notes: Isubmit this grievance because timei is of the essence due to thet thirty day limitation under ORS 192.705 tos submit a grievance of an alleged violation in order to preserve the right to consider af formal complaint to the Oregon Government Ethics Commission should we feeli itr necessary' following your reply. However, iti is my hope the response byt the NRAC and/or its members individually will address these concerns and articulate a plan to ensure future compliance with the Oregon Public Meeting's Law and the spirit of open and This grievance was also made' based on remarks made by members of the committee just before and duringi its Nov 13th meeting after the Prineville Review delivered a request for notifications of public meetings byt this publications, including the committee's chair. The remarks raise concerns as tot the attitude of some (but nota ally members oft this body on the responsibility and duty to the public related to transparent government. Ihope this process will provide for thel board to seek whatever necessary education and establish process necessary to ensure compliance witht the OPML. The OGEC does provide public meetings training to members of governing bodies. transparent government for the public.