Or. Admin. Code § 199-050-0070 - Grievance Process
(1) The purpose
of this rule is to clarify procedures regarding the requirements in ORS 192.705 for filing a written grievance with a public body alleging a violation by a
governing body of provisions in Public Meetings Law.
(2) The written grievance shall be submitted
to the public body within 30 calendar days from the date of the meeting where
the alleged violation occurred. The written grievance shall identify:
(a) The governing body that allegedly
violated the Public Meetings Law;
(b) The date of the meeting where the alleged
violation occurred;
(c) The
specific facts and circumstances that the person asserts amount to a violation
of the Public Meetings Law;
(d) The
date of the grievance; and
(e) The
name and contact information of the person submitting the grievance.
(3) The public body shall accept
grievances that are filed through in-person delivery during regular business
hours, by first-class mail, and by email. In addition, the public body may
accept grievances by any other means it deems appropriate. A public body shall
post on its website the person and contact information to whom a grievance may
be submitted and the regular business hours during which in-person grievances
will be accepted. In the absence of a designated person, a grievance may be
submitted to the public body's chief administrative officer or to the chair of
the governing body. If the public body does not maintain a publicly accessible
website, the public body shall provide notice of the person and contact
information to whom a grievance may be submitted and the regular business hours
during which in-person grievances will be accepted in the same manner that it
provides notice of its public meetings.
(4) The public body's written response to the
grievance shall be submitted to the person who made the grievance within 21
calendar days from the date the grievance was received by the public body and
shall satisfy the other requirements in ORS 192.705(2).
(5) As required by ORS 192.705(3), at the
same time the public body responds to a grievance, it shall submit a copy of
the grievance and its response to the Commission. The submission of the
grievance and response to the Commission can be made by mail or by e-mail at
the e-mail address identified on the Commission's website.
Notes
Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.705 & ORS 192.685
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