At issue is a section of state law that prohibits city councilors or other officials from effectively bypassing Oregon’s open government mandate through so-called “serial communications,” by texting, calling or otherwise talking to each other outside of public meetings. That ban was codified in a 2023 law.
However, problems arose when the Oregon Government Ethics Commission began training public officials on the new law, according to the League of Oregon Cities, which represents the interests of city governments.
Last spring, the league told the ethics commission in a letter that its trainers were instructing city councilors and other officials that they could violate the open meetings law simply by making statements to the local newspaper, discussing an issue with a city manager or even with a constituent, as reported by Willamette Week.
The league called those warnings a “gross misinterpretation” of state law. Later in 2025, the league announced the ethics commission had clarified its guidance on serial meetings, although the group continued to suggest that local officials attend the league’s trainings on the law — not the state’s.
House Bill 4177 would change the conditions around how public officials can speak outside of public meetings, modify training requirements for elected officials and how violations of the law are handled, among other small adjustments. Elected officials, including the mayor of Milwaukie, say those changes are necessary. The Oregon Newspaper Publishers Association, represented by former Oregonian/OregonLive editor Therese Bottomly, says House Bill 4177 is unnecessary because correct information already exists regarding what constitutes a serial communication.
State Rep. Nathan Sosa, who requested the bill be introduced by the House Committee on Rules, said the bill is an effort to clarify what local governments have complained are confusing rules.
“There have been some disagreements between local governments, the (Oregon Government Ethics Commission) and the Department of Justice over the meaning of certain words or phrases in our statutes,” Sosa said. “That led to some confusion and frustration on all sides as they were trying to come to a common understanding.”
The proposal before lawmakers would define deliberation as members of a public body discussing, examining, weighing or reflecting upon “reasons for or against a policy decision that is within the jurisdiction of the governing body,” according to the bill.
The bill also extends the time a person has to file a grievance against a governing body for violating the law from 30 days to 90 days.
Portland City councilors faced allegations that they broke state transparency rules last year after six members communicated regularly over a private group text message thread and potentially coordinated privately with a seventh member during a budget vote. Some elected officials at all levels of government communicate with each other by text and email, including during public meetings.
State ethics officials are also currently investigating six Portland city councilors for violating public meeting law after they met for a private retreat in August.
A public hearing on the bill is scheduled for Tuesday at 8 a.m.
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