Appendix IX-A
NEWS MEDIA IN EXECUTIVE SESSION POLICY

RESOLUTION NO. 1914

A RESOLUTION ADOPTING A NEWS MEDIA IN EXECUTIVE SESSION POLICY FOR THE CITY OF COTTAGE GROVE

WHEREAS Oregon’s 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 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 Cottage Grove City Council finds that in that absence of a statutory definition of "news media" as that term is used in ORS 192.660(4), the City Council wishes 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" news media organizations; and

WHEREAS the Cottage Grove City Council recognizes that this policy is solely for the purpose of determining eligibility to attend executive sessions, and is not intended to otherwise define "news media," nor to determine eligibility to report on the activities of the City of Cottage Grove, nor to limit access to other City meetings by any person;

NOW THEREFORE, the Cottage Grove City Council resolves as follows:

Section 1. The Cottage Grove City Council hereby adopts the following policy regarding attendance at executive sessions by representatives of the news media:

City of Cottage Grove News Media in Executive Session Policy

1. Definitions.

a.    "City Manager" means the City Manager of the City of Cottage Grove or the City Manager’s designee.

b.    "News" means a report of a recent event, new information, or fresh tidings.

c.    "News media" means channels, methods, or systems of communicating recent events or new information of interest to the recipients.

d.    "News media organization" means an entity that is formally organized for the purpose of gathering and disseminating news.

e.    "Representative of a news media organization" means an individual who gathers news and who has a formal affiliation, whether through employment, by contract, or some other agency authorization, from or with a news media organization.

2. Currently Recognized News Media Organizations. The following entities are hereby recognized as news media organizations whose representatives are eligible to attend executive sessions because they have an established history of meeting the requirements of this policy:

Cottage Grove Sentinel

The Register-Guard

The Oregonian

Eugene Weekly

KLCC

KNND

KEZI

KLSR

KMTR

KVAL

No other individual claiming to be a representative a news media organization shall be permitted to attend an executive session unless, following the process described in Section 3 below, the entity that the individual represents is recognized by the City as a news media organization.

3. 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 the City of Cottage Grove uses for publication of public notices and that meets the requirements of ORS 193.020; or

(3)    An established entity that:

A.    Regularly and continuously publishes, broadcasts, transmits, or otherwise disseminates news to the public, via the Internet or otherwise; and

B.    Is formally organized for the purpose of gathering and disseminating news. Criteria that tend to show that an entity is formally organized for the purpose of gathering and disseminating news include, but are not limited to the following:

i.    A formal business structure, which may include registration as an entity with the Oregon Secretary of State;

ii.    The existence of multiple personnel with defined roles within the entity’s organizational structure; and

iii.    Regular publication and dissemination of news.

b.    An entity wishing to be recognized as a news media organization shall apply to the City Manager for recognition as a news media organization. The applicant shall provide written documentation to the City Manager showing compliance with the criteria of Section 3.a of this policy. The City Manager may consider the documentation submitted by the applicant as well as any other information the City Manager considers relevant to the application. The City Manager shall grant or deny the application based on the applicant’s compliance with the criteria outlined in Section 3.a of this policy. If the City Manager orally grants or denies an application, the City Manager shall follow up on the oral decision by mailing a written decision to the applicant at the address provided by the applicant. The date of mailing of the written decision shall not be more than seven calendar days following the date of the oral decision.

c.    The applicant may appeal the City Manager’s decision to the City Council by submitting an appeal in writing to the City Manager within seven calendar days of the date of the City Manager’s written decision. The City Council shall consider the appeal at its next regular meeting. The City Council may consider the documentation submitted by the applicant, the City Manager’s decision, and any other information that the City Council considers relevant to the application. The City Council may uphold or overturn the City Manager’s decision. The City Council’s decision shall be the final decision of the City. The sole method for challenging the City Council’s decision shall be by writ of review pursuant to ORS 34.020 through ORS 34.102.

4. Attendance at Executive Sessions. Representatives of news media organizations recognized pursuant to this policy shall be allowed to attend executive sessions, except as follows:

a.    Representatives of news media organizations are not permitted to attend executive sessions involving deliberations with persons designated to carry on labor negotiations. ORS 192.660(4).

b.    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 Council will exclude any representative of a news media organization from attending if that individual is a party to the litigation to be discussed or is an employee, agent, or contractor of a news media organization that is a party to the litigation to be discussed. ORS 192.660(5).

5. Recording Devices Prohibited. Cameras, tape recorders and other recording devices shall not be used in executive sessions, except for any official executive session recordings made by City of Cottage Grove staff.

6. Application to Boards and Commissions. This policy shall apply to the City of Cottage Grove and all of its boards and commissions.

Section 2. The sections, subsections, paragraphs, and clauses of this resolution are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs, and clauses.

Section 3. This resolution shall take effect immediately upon adoption.

PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS 12th DAY OF SEPTEMBER, 2016.

APPROVED:

/s/

Thomas C. Munroe, Mayor

Dated:   September 12, 2016

ATTEST:

/s/

Richard Meyers, City Manager

Dated:   September 12, 2016