(1) A decision made by a governing body of a public body in violation of ORS § 192.610 to 192.705 shall be voidable. The decision shall not be voided if the governing body of the public body reinstates the decision while in compliance with ORS § 192.610 to 192.705. A decision that is reinstated is effective from the date of its initial adoption.

Terms Used In Oregon Statutes 192.680

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
  • Quorum: The number of legislators that must be present to do business.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(2) Any person affected by a decision of a governing body of a public body may commence a suit in the circuit court for the county in which the governing body ordinarily meets, for the purpose of requiring compliance with, or the prevention of violations of ORS § 192.610 to 192.705, by members of the governing body, or to determine the applicability of ORS § 192.610 to 192.705 to matters or decisions of the governing body.

(3) Notwithstanding subsection (1) of this section, if the court finds that the public body made a decision while in violation of ORS § 192.610 to 192.705, the court shall void the decision of the governing body if the court finds that the violation was the result of intentional disregard of the law or willful misconduct by a quorum of the members of the governing body, unless other equitable relief is available. The court may order such equitable relief as it deems appropriate in the circumstances. The court may order payment to a successful plaintiff in a suit brought under this section of reasonable attorney fees at trial and on appeal, by the governing body, or public body of which it is a part or to which it reports.

(4) If the court makes a finding that a violation of ORS § 192.610 to 192.705 has occurred under subsection (2) of this section and that the violation is the result of willful misconduct by any member or members of the governing body, that member or members shall be jointly and severally liable to the governing body or the public body of which it is a part for the amount paid by the body under subsection (3) of this section.

(5) Any suit brought under subsection (2) of this section must be commenced within 60 days following the date that the decision becomes public record.

(6) The provisions of this section shall be the exclusive remedy for an alleged violation of ORS § 192.610 to 192.705, except that this subsection does not apply to proceedings of the Oregon Government Ethics Commission. [1973 c.172 § 8; 1975 c.664 § 3; 1979 c.644 § 6; 1981 c.897 § 42; 1983 c.453 § 2; 1989 c.544 § 1; 2023 c.417 § 8]

 

  Previous section
Next section  
 Public Meetings Contents