HomeMy WebLinkAboutItem 12 Executive Session News Media Attendance Policy AGENDA ITEM SUMMARY Meeting Date: 9/6/2016
Meeting Type: Regular Meeting
Staff Contact/Dept.: Amy Sowa Staff Phone No: 541.726.3700
Estimated Time: Consent Calendar
S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Mandate
ITEM TITLE: EXECUTIVE SESSION NEWS MEDIA ATTENDANCE POLICY
ACTION
REQUESTED:
Authorize the City Manager to sign the amended Executive Session News Media
Attendance Policy.
ISSUE STATEMENT: In 2011, the City of Springfield adopted an Executive Session News Media Attendance Policy to address social media. An amendment is needed to update the
language in this policy.
ATTACHMENTS: Attachment 1: Executive Session News Media Attendance Policy
DISCUSSION/ FINANCIAL IMPACT:
In 2011, the City of Springfield adopted an Executive Session News Media Attendance Policy. This policy was drafted to address bloggers and other social media who may wish to attend an executive session. This policy was based upon
the model policy developed in 2009 by a task force consisting of representatives of Open Oregon, Lake Oswego City Attorney (also representing the League of Oregon
Cities), Lake Oswego Mayor, Clackamas County Counsel, the Oregonian, the
Oregon Newspaper Publishers Association and the Oregon Association of Broadcasters.
The Oregon Government Ethics Commission (OGEC) requested an opinion from the Attorney General regarding media attending Executive Sessions. The attached
policy includes revisions made in accordance with the Oregon Attorney General
Opinion OP 8291 (April 18, 2016).
The amendments proposed more broadly define representatives of news media and
remove restrictions that exclude representatives of new media on impermissible basis, including past lack of compliance with rules limiting reporting on executive
sessions and the requirement that a member of news media or publication report on subject matter germane to the executive session. The City has not had any recent issues with media reporting on executive sessions, or of unauthorized people
claiming to be media attending the meetings. These amendments ensure the City remains in compliance with state law and the recent AG opinion.
Council is being asked to authorize the City Manager to sign the amended Executive Session News Media Attendance Policy.
CITY OF SPRINGFIELD
EXECUTIVE SESSION NEWS MEDIA ATTENDANCE POLICY
WHEREAS Oregon public meetings law provides that representatives of the news media
shall be allowed to attend certain executive sessions of public bodies, but may be
required to not disclose specified information (ORS 192.660(4)); and
WHEREAS because at the time state law relating to media attendance at executive
sessions was adopted "news media" consisted of entities that were institutionalized and
structured to support compliance with the requirements of ORS 192.660(4), the law
includes no express mechanism for enforcing those requirements; and
WHEREAS technological advances since the time the public meetings law was initially
adopted have resulted in development of communication mechanisms allowing virtually
any individual or entity to disseminate information widely; and
WHEREAS the City of Springfield finds that in that absence of a statutory definition of
"news media" as that term is used in ORS 192.660(4) it is necessary to adopt a policy
that implements the intent of the public meetings law relating to executive session
attendance without precluding attendance by Internet-based or other "non-traditional"
information disseminators that are institutionalized and committed to compliance with
ORS 192.660(4); and
WHEREAS the City of Springfield recognizes that this policy is solely for the purpose of
determining eligibility to attend executive sessions, which requires non-disclosure of
specified information from executive sessions, and is not intended to otherwise define
"news media" or to determine eligibility to report on Springfield activities or to limit
access to other Springfield meetings by any person;
The City of Springfield hereby adopts the following policy:
1. Currently Recognized News Media Organizations. The following entities are
hereby recognized as news media organizations eligible to attend executive
sessions because they are recognized as institutions formally organized for the
purpose of gathering and disseminating newshave an established history of
meeting the requirements of this policy:
Main Media Contact
Print: Cottage Grove Cottage Grove Sentinel
Creswell Creswell Chronicle
Drain Drain Enterprise Eugene Daily Emerald (UofO)
Eugene Ethos Magazine (UofO)
Attachment 1, Page 1 of 7
Eugene Oregon Commentator (UofO)
Eugene Oregon Insurrgent (UofO) Eugene Register Guard
Eugene Eugene Weekly
Eugene Money Saver Eugene West Lane News Eugene The Torch (LCC)
McKenzie Bridge McKenzie River Reflections
Oakridge Dead Mountain Echo Portland Associated Press Portland Oregon Cycling
Portland The Oregonian
Portland Portland Mercury (503-294-0840) Portland Willamette Week (503-242-2122)
Salem Northwest Senior News
Springfield Springfield Times Media Contact Affiliates
Print:
Portland Mercury (Portland) – 503-294-0840
Willamette Week (Portland) – 503-243-2122
Yalla – University of Oregon (Eugene) – nwillion@uoregon.edu
Oregon Commentator – University of Oregon (Eugene) – 541-346-3721
Other Print Publications:
Albany Democrat-Herald Ashland Ashland Daily Tidings Astoria The Daily Astorian
Baker City Baker City Herald
Beaverton Beaverton Valley Times Bend Bend Weekly
Bend Cascade Business News
Bend The Bulletin Bend the Source Brookings Curry Coastal Pilot
Burns Burns Times Herald
Canby Canby Herald Cannon Beach Cannon Beach Gazette Clatskanie Clatskanie Chief
Coos Bay The World Corvallis Corvallis Gazette Times Cottage Grove Cottage Grove Sentinel
Dallas Polk County Itemizer-Observer
Enterprise Wallowa County Chieftain Gold Beach Curry County Reporter Grants Pass Daily Courier
Gresham The Outlook
Attachment 1, Page 2 of 7
Hermiston Hermiston Herald
Hillsboro Hillsboro Argus Hood River Hood River News
John Day Blue Mountain Eagle
Keizer Keizertimes Klamath Falls Herald and News La Grande La Grande Observer
Lake Oswego West Linn Tidings
Lakeview Lake County Examiner Lebanon Lebanon Express Lincoln City The News Guard
Madras Madras Pioneer
Manzanita North Coast Citizen McMinnville News-Register
Medford Mail Tribune
Molalla Molalla Pioneer Newberg The Newberg Graphic Newport News Times
Ontario Argus Observer
Pendleton East Oregonian Portland Business Journal of Portland
Portland Jewish Review
Portland Mid-County Memo
Portland Oregon Capitol News Portland Oregon Herald
Portland Portland Observer
Portland Portland Tribune Portland The Asian Reporter Portland The Skanner
Prineville Central Oregonian
Rogue River Rogue River Press Roseburg The News-Review
Saint Helens St. Helens Chronicle
Salem Capital Press Agriculture Weekly Salem Salem News Salem Salemmonthly.com
Salem Statesman Journal
Sandy The Sandy Post Scappoose South County Spotlight Seaside Seaside Signal
Silverton The Appeal Tribune Sisters Nugget Newspaper Stayton Stayton Mail
Sweet Home The New Era
The Dalles Dalles Chronicle Tillamook Headlight-Herald Toledo Yaquina Wavelength
Wilsonville Wilsonville Spokesman
Attachment 1, Page 3 of 7
Woodburn Woodburn Independent
Radio:
KUGN AM 590 KPNW KORE
KAGI AM 930 KDUK KRVM
KEX AM 1190 KODZ KWVA
KOPB FM 91.5 (NPR) KFLY KEUG
KXL AM 750 KHPE KLCC
KUGN KKNU KMGE
KZEL KKNX KQFE
All Aaffiliates stations of CBS, NBC, and ABC, and NPR also welcome.
Television: KVAL 13 and all CBS affiliates
KMTR 16 (NBC 16) and all NBC affiliates
KEZI 9 and all ABC affiliates
KLSR and all Fox affiliates KEVU
South Lane TV
No other entity shall be permitted to attend an executive session unless it is recognized
through the process described in Section 2 below.
2. Recognition of Other News Media Organizations.
a. The following entities are recognized as news media organizations eligible
to attend executive sessions:
(1) A general or associate member newspaper of the Oregon
Newspaper Publishers Association, a broadcast member of the Oregon
Association of Broadcasters or a member of the Associated Press; or
(2) A newspaper that Springfield uses for publication of public notices
and that meets the requirements of ORS 193.020; or
(3) An entity recognized by Springfield as being a news source that:
A. is formally organized and operated to regularly and
continuously publish, broadcast, transmit via the Internet or
otherwise disseminate news to the public, and that regularly
reports on activities of the City of Springfield or matters of
the nature under consideration by the City of Springfield;
additional considerations include frequency of publication,
Attachment 1, Page 4 of 7
quantity of articles published per week, permanency of web
address, and number of visitors to news media's website.
B. is determined by the City of Springfield to be a business
entity that is institutionalized1 and that is committed to, and
is structured to support, the terms of ORS 192.660(4).2 In
making this determination, the City of Springfield may
consider and weigh any factors that it deems to be relevant,
including, without limitationsbut not limited to, the existence
of any of the following factors:
i. the The entity has multiple personnel with defined
roles within its organizational structure;
ii. the The names of news-reporting personnel, and
responsible entity management personnel, together
with addresses and contact telephone numbers, are
readily available;
iii. The entity has an available process for correcting
errors, including violations of executive session
statutes, by a person with authority to take corrective
measures.
b. It shall be the entity's burden to persuade the City of Springfield by
substantial evidence that it should be recognized as a news media
organization meeting the criteria in Section 2(a) of this policy. Such
evidence must be submitted 30 days in advance of the first executive
session that the entity desires to attend. The City of Springfield shall
make a determination within 15 days of receiving the evidence submitted
by the entity. The City of Springfield may elect to forgo this procedurewill
allow expedited consideration or same-day recognition in cases where the
City of Springfield, in its sole discretion, determines that it can
immediately recognize that an entity qualifies under this policy or in cases
where the public body, in its sole discretion, determines that other good
cause exists for making an expedited determination. A determination that
1 For the purposes of this policy, "institutionalized" media means long-established or well-established an
established media organization or corporation, organized for the purpose of gathering and disseminating
news. 2 ORS 192.660(4). Representatives of the news media shall be allowed to attend executive sessions
other than those held under subsection (2)(d) of this section relating to labor negotiations or executive
session held pursuant to ORS 332.061(2) but the governing body may require that specified information
be undisclosed.
Attachment 1, Page 5 of 7
the entity is not recognized shall be based upon written findings
addressing the criteria in Section 2(a).
3. Attendance at Executive Sessions. Representatives of news media organizations
recognized pursuant to Sections 1 and 2 of this policy shall be allowed to attend
executive sessions, except as described in ORS 192.660(4) and 192.660(5),
pursuant to the following process:
a. The representative must provide substantial evidence persuading
the City of Springfield, that he or she is a news reporter for
therepresentative of a recognized news media organization. In making its
determination whether to recognize the person as a representative of a
recognized news media organization (as set forth in Section 2), the City of
Springfield shall require proof of identity (such as a driver’s license) and:
(1) A press badge or identification issued by the
recognized news media organization, plus proof of identity (such as
a driver's license); or
(2) A recently published news article in the recognized
news media organization publication or broadcast, with the
person's byline, or a masthead showing the person's name as a
member of the news gathering staff of the news media
organization, plus proof of identity; or
(3) A letter on the news media organization’s letterhead,
written by from an editor of the recognized news media
organization, who may be the same person as the reporter if that
person is also an editor of the news media organization, in which
the editor states that the reporter is covering the meeting for the
news media organization, plus proof of identity. ; or For a blogger,
the editor and reporter may be the same person.
(4) Any other evidence that conclusively establishes that
a person is acting in a representative capacity on behalf of a
recognized news media organization, including as an employee,
contractor, or agent of the news media organization.
b. Representatives of the news media are not permitted to attend
executive sessions involving deliberations with persons designated to carry
on labor negotiations. ORS 192.660(4). If the executive session is being
held for the purpose of conferring with counsel about current litigation or
litigation likely to be filed, the City of Springfield shall exclude any member
of the news media from attending if the member is a party to the litigation
Attachment 1, Page 6 of 7
to be discussed or is an employee, agent, or contractor of a news media
organization that is a party to the litigation. ORS 192.660(5).
c. The City of Springfield may require that a request to attend an
executive session be made in writing on a form provided by the City of
Springfield (see attached). The form shall require disclosure of the
person's name, and the entity for which he or she is a news reporter, and
shall require submission of evidence described in Subsections 3(a)(1), (2)
or (3) of this policy. The form shall also include a signature line whereby
the person certifies that they are gathering news for a recognized news
media organization, that the information given is true and that they agree
to comply with ORS 192.660(4).
d. The City of Springfield may consider any relevant evidence
provided or gathered in making its decision as to whether a person shall
be recognized as a representative of a recognized news media
organization.
4. Recording Devices Prohibited. Cameras, tape recorders and other recording
devices shall not be used in executive sessions, except for the official executive
session tapes made by City of Springfield staff.
5. Exclusion Based on a Direct Personal Interest. A representative of a news media
organization that has a direct personal interest in the subject of the executive
session that would frustrate the purpose of the executive session may be barred
from attending.
65. Application to Boards and Commissioners. These policies and procedures shall
apply to the City of Springfield and all of its boards and commissions.
MODEL POLICY
This policy is based upon the model policy developed in 2009 by a task force consisting
of representatives of Open Oregon, Lake Oswego City Attorney (also representing the
League of Oregon Cities), Lake Oswego Mayor, Clackamas County Counsel, the
Oregonian, the Oregon Newspaper Publishers Association and the Oregon Association of
Broadcasters. These 2016 revisions are made in accordance with the Oregon Attorney
General Opinion OP 8291 (April 18, 2016).
___________________________________
Gino Grimaldi, City Manager
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Attachment 1, Page 7 of 7