ORS 192.705 Filing written grievance; required response

A person who believes that a governing body has acted in violation of ORS 192.610 to 192.705 may, within 30 days of the alleged violation, file a written grievance with the public body whose governing body is alleged to have violated ORS 192.610 to 192.705, setting forth the specific facts and circumstances that the person asserts amounted to a violation of ORS 192.610 to 192.705. The grievance must state the identity of the person filing the grievance and any other information required by the Oregon Government Ethics Commission by rule.

A public body receiving a written grievance filed under this section shall, within 21 days of the receipt of the grievance, provide a written response to the person:

Acknowledging receipt of the grievance; and

Denying that the facts and circumstances as set forth in the grievance accurately reflect the conduct of the governing body and setting forth the facts and circumstances as determined by the public body and the reasons why those facts and circumstances do not amount to a violation of ORS 192.610 to 192.705;

Admitting that the facts and circumstances as set forth in the grievance accurately reflect the conduct of the governing body but denying that those facts and circumstances amount to a violation of ORS 192.610 to 192.705; or

Admitting that the conduct of the governing body amounted to a violation of ORS 192.610 to 192.705 and setting forth the steps the governing body will take to cure the violation, including but not limited to:

Rescinding the decision taken by the governing body in violation of ORS 192.610 to 192.705; or

Acknowledging in a properly noticed and conducted public meeting held within 45 days of the governing body’s original decision that:

The original decision was made in violation of ORS 192.610 to 192.705;

Good cause exists for the governing body to not rescind the decision; and

The governing body’s practices will be modified to ensure future violations of ORS 192.610 to 192.705 do not occur.

The public body shall send a copy of the written grievance and the public body’s response under this section to the Oregon Government Ethics Commission at the time the public body responds to the person who filed the grievance.