Waldport Council’s

Open Disregard for Serial Meetings Law

by Karun Olson, Former Waldport City Councilor

October 13, 2025

At the October 2025 Waldport City Council meeting, the City Manager stated that no Open Meeting Law violation occurred because phone and electronic communications were used only to “poll” councilors. However, Oregon law allows such serial communications solely for scheduling purposes—not for discussing or deciding substantive matters.

 

The correspondence in question extended beyond setting a meeting date; by the City Manager’s and several councilors’ own comments, they engaged in deliberation about the Mayor’s request for an additional meeting, evaluating its merits and ultimately deciding against it. That discussion constitutes deliberation outside a public meeting, which is prohibited under ORS 192.610 et seq. and OAR 199-050-0020.

 

The Oregon Government Transparency Training Guide explains that deliberation includes “any discussions or communications that are part of the decision-making process,” such as identifying the nature of a decision, gathering and weighing information, or selecting among alternatives. Those steps must occur in public. Even in executive session, informal inquiries about intended votes are forbidden, and no final decisions may be made.

 

When city officials dismiss these boundaries as “mere polling,” they undermine both the letter and the spirit of Oregon’s transparency law. The Waldport City Council’s continued reliance on the City Manager’s assurances reflects a troubling disregard for the ethical and legal standards meant to protect public trust.

 

Purpose & Definitions 

 

Governing bodies are required to deliberate and decide matters in open public meetings. The purpose and intent of the Public Meetings Law is that the decisions of governing bodies be arrived at openly and that the public be informed and aware of the deliberations and decisions of governing bodies and the information upon which such decisions are made (ORS 192.620). 

https://www.oregonlegislature.gov/bills_laws/ors/ors192.html

 

Prohibited serial communications occur when the governing body, outside of a public meeting, uses serial electronic written communications (notes, emails, texts), in-person communications, or an intermediary to communicate among a quorum of the members of the governing body for the purpose of deliberating or deciding on any matter within the governing body’s jurisdiction (i.e., a matter for which the governing body has the authority to make a decision or recommendation)

OAR 199-050-005(10)

(https://secure.sos.state.or.us/oard/view.action?ruleNumber=199-050-0005)

& OAR 199-050-0020

(https://secure.sos.state.or.us/oard/view.action?ruleNumber=199-050-0020).

 

Deliberating includes any discussions or communications that are part of the governing body’s decision-making process. A decision-making process may include:

   

           •    Identifying or selecting the nature of the decision to be made;

           •    Gathering information related to the decision to be made;    

           •    Identifying and assessing alternatives;    

           •    Weighing information; and  

           •    Making a decision

                ORS 192.610(3)                                                     https://www.oregonlegislature.gov/bills_laws/ors/ors192.html 

                & OAR 199-050-0005(4) https://secure.sos.state.or.us/oard/view.action?ruleNumber=199-050-0005