Prineville, Ore. – The Crook County Fair Board made its pick to recommend to County Commissioners for appointment to a recently vacated Fair Board seat following a special meeting held October 17th. The board appears to have violated the Oregon Public Meetings Law by holding an executive session during its interview of multiple candidates it offered opportunities.
Oregon Law however specifically prohibits executive sessions in the case of filling vacancy for elected officials as well as those appointed on boards, commissions, or even subcommittees.
The Prineville Review attended the session, mistakenly believing the interviews were actually for a new Fairgrounds staff employee due to the indication of an executive session being called under Oregon Revised Statute 192.660(2)(a).
The board did move back out of executive session at the end of the evening and decided to immediately make its pick to recommend to the Crook County Board of Commissioners to fill the vacant seat. The decision of the appointment ultimately rests with the Crook County Commissioners to appoint an individual to the vacant position.
The agenda only said the board was holding interviews, not that it would hold a public session on making its final decision, possibly violating other provisions of the meetings law.
Then board also failed to make even the public portion of the meeting available remotely as also required by the meetings law.
Following the executive session, which the Prineville Review may disclose to the public in the near future (as it didn’t comply with the law), the board also stated it was not going to inform the candidate it did not select until the County Commissioners formalized the pick, although that decision was made outside the executive session portion of the meeting.
The Prineville Review was not yet able to uncover the boards process for finding potential candidates for the position but is preparing public records requests for the public body.
The Board interviewed two candidates, retired Deschutes County Sheriff Larry Blanton, and local resident who was only identified as Cathy and who’s father had also previously served on the fair board. While there was some belief by members of the board that it would decide on the selection at its upcoming regular public meeting October 28th, others moved ahead with motion and second to make its decision during the special meeting to recommend Blanton to the Crook County Commissioners.
Blanton, who moved to Crook County just last year, served as the Deschutes County Sheriff for nearly two decades from 2007 to 2015, succeeding Sheriff Les Stiles. According to the Deschutes County Sheriff’s website, Blanton started his career in law enforcement in 1976 as a reserve officer with the Bend Police Department.
The Prineville Review politely requested clarification from the board chair following the interview with “Cathy” (and before Blanton’s interview) that the session was in fact for making a recommendation to a board seat — suggesting the board review ORS 192.660(7)(b) which indicates exceptions to the ability to call an executive session under ORS 192.660(2)(a) as the board had declared.
“The exception granted by subsection (2)(a) of this section does not apply to: … (b) The filling of a vacancy on any public committee, commission or other advisory group,” reads ORS 192.660(7).
We also explained that our intent was to fulfill a fundamental role of the press to ensure executive sessions did not illegally preclude the public from transparency regardless if the governing body had done so in years past and the ultimate significance of the matter before the board.
Several board members expressed they were not interested in reviewing the statute and would instead be following up with legal counsel, electing to continue the executive session.
While the board is also required to document the session and take meeting minutes, even in executive session, the board also stopped recording during the executive session and did not appear to be taking necessary notes if it intended to draft written minutes.
The board appears to record its meetings and then use those to draft written minutes which it provides on online (as required by law).
Board member Mike McCabe expressed his disagreement regarding our questioning of the improper executive session and claiming if we reported the contents it would be against the law. He also stated that this publication would get “cross-eyed” with the board if we moved forward with challenging the boards illegal executive session through a process laid out with the Oregon Government Ethics Commission.
“If you respond, you’re going to get cross-eyed with some of us pretty quick,” said McCabe.
The Prineville Review clarified to McCabe that it was not against the law should we ultimately report on the executive session, even if the session was proper. According to court precedence and the Oregon Attorney General, disclosure by the press who are allowed in executive session relies on trust and cooperation between public officials and representatives of the news media.
That provides room for the media to disclose to the public the contents of executive sessions that do not comply with the Oregon Public Meetings Law, supporting the important role the press plays in governmental accountability and transparency.
On Friday the Prineville Review submitted its formal grievance for a number of violations and now hopes for a response that leads to positive changes by the Crook County Fair Board on education about the meetings law and to ensure Crook County residents and the public at large are not kept in the dark on the actions of public officials.
The Fair Board now has 21 days to respond to the complaint and include its response to this publication and the Oregon Government Ethics Commission.
Following McCabe’s statement, the board continued the executive session without fanfare and conducted its phone interview with Blanton. It is unclear if the board would be holding off on sending its recommendation to the county commissioners and consider if it needs to restart the process to ensure it is fair and open with the public.
Growing issues with compliance with the public meetings laws by numerous governing bodies in Crook County have been coming to light in recent months, namely as the Prineville Review continues with its coverage of these bodies. Countless citizens have expressed an inability to even find where many of these smaller bodies and special districts are posting notices of meetings.
The Crook County Fair Board operates as a division of Crook County government overseeing the county fairgrounds.
