Our new ASUO president and vice president were elected on a platform that decried “insider politics,” and promised to return the power of student government back to the students. I wasn’t a huge fan of this talking point because it seemed to demonize people who cared enough about the school to get involved in student government. However, in light of the flagrant disregard shown for the Oregon Public Meetings Law by the Student Senate’s over-realized fund committee last week, I believe that we may need a renewed focus on keeping student government accessible to everyone – even when it’s inconvenient.
According to Open-Oregon.com, the Oregon Public Meetings Law (ORS 192.610) was enacted in 1973 as part of a nationwide response to the corruption and secrecy that had seeped into government. The law is in place “to make sure that all meetings of governing bodies covered by the law are open to the public…[including] meetings called just to gather information for subsequent decisions or recommendations.” The provisions of the law are fairly straightforward: Whenever the required number of decision-makers needed to take official action for a public body meet and discuss official business, the meeting must be accessible by all people affected by their decisions. This means giving 24-hour notice of the time and location of a meeting, holding the meeting in an accessible location, and taking a written or audio record of the deliberations.
As a public body in charge of an $11 million budget, the ASUO Senate is legally required to adhere to the Oregon Public Meetings Law. However, on May 13, a meeting of the Student Senate’s over-realized funds committee broke this law. According to the Emerald, only five hours of notice was given to the public before the meeting convened, and no written record of the event was taken by the ASUO members present. Worse, Senate Vice-President Patrick Boye was made aware of the illegality of the meeting by an Emerald employee, but he refused to postpone the meeting. His response was, according to the Emerald, “If it takes a grievance against me to make sure that 43 programs have an opportunity to receive funding, then so be it.”
I wholeheartedly support Senator Boye’s commitment to funding student programs. However, I’m insulted that he feels that a grievance filed by his constituents carries so little weight. I’m also angry that he knowingly and willfully headed a meeting that was a clear breach of state law, due to lack of notice and written record. ORS 192.680 says that any decisions made in violation of the Oregon Public Meetings Law are voidable, including instances like the May 13 meeting, where a quorum of members of a Student Senate committee examined funding proposals, intending to use these decisions to guide future official actions. The illegality of the May 13 meeting means that any subsequent decisions made because of those deliberations are also voidable – not just by the Constitution Court, but by Oregon law.
It’s important to note that ASUO Senators who break this law are not just in danger of a grievance. Anyone affected by decisions made as a result of an illegal meeting can file a lawsuit seeking to overturn the decision – and if the illegality is shown to be willful, the participating individuals can be forced to pay attorney and court fees.
I don’t want that to happen. ASUO Senators are public servants, and should follow the law accordingly. They put in a lot of hard work for the benefit of all University students, and the students should always be able to see it.
Curtis Haley is a University student.