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Updating Exec Session Policy: Oregonian Story Published

by: torridjoe

Wed Oct 07, 2009 at 13:59:04 PM PDT


Briefly, I wanted to follow up on yesterday's story about the new policy drafted to handle media requests for attendance at local government Executive Sessions, by linking up to The O's story on the matter published this morning. I'm quoted a couple of times, and while the quotes are generally accurate, the tone seems a touch petulant, like I'm sour-grapesing my way through the issue because I had been refused. I think under a reasonable definition of "media" Loaded Orygun should qualify, but that's not really the point, and if a system was proposed that ended up excluding me for some justifiable reason, I don't think I'd have an objection.

But the problem is that not only would this policy tend to shut someone like me out, it would also restrict bloggers far more professional, regular and talented than myself. What if David Niewert, aka Orcinus, had only his webpage (and Crooks and Liars, where he is managing editor but I'm not aware of any original journalism they do there) and his books as his credential? Does Orcinus have a letterhead, or editors for that matter? Before TalkingPointsMemo became a full-fledged journo outfit, it was simply Josh Marshall, freelance journalist. Big no for him if he wanted to attend an Exec? Or how about Marcy Wheeler, who when known in her writings simply as "emptywheel," was the prime journalistic mover on L'affair du Plame? As someone without a real-name byline on her posts, she'd be viewed with skepticism as well.

And as I noted yesterday, the entire principle of a preemptively restrictive eligibility for attending sessions is both upside down relative to the point of the law and the need for it (ie, that ALL public meetings should be open, and if there are exceptions they should be tightly regulated and as open as possible), and to the known problem the lack of a detailed policy has caused in Oregon (which to my knowledge is none). It's a solution in search of a problem.

Here's what I had to say, as quoted by Zheng in the piece. I may add more commentary below the fold to discuss more specific objections to the way the policy was crafted, later on. And I know I want to say something about the quote attributed to the only pro-transparency advocate on the panel:

The policy stems from a Lake Oswego incident in July 2008 when Mark Bunster, author of political blog Loaded Orygun, unsuccessfully insisted he was a member of the media who could attend a closed session about the city's $110 million sewer interceptor project. Oregon law allows media representatives to attend but not report directly from executive sessions.

"It's not fair to independent purveyors of journalism, because in many ways, it does not recognize how they operate," Bunster said after reviewing the policy. "The policy asks people like myself to conform or produce evidence of eligibility in ways that are reflective of the established forms of media."

The new policy also creates definitions that go beyond the spirit of the original 1970s statute, Bunster said, and potentially leaves public bodies vulnerable to legal action.

Judson Randall, president of Open Oregon, a nonprofit freedom-of-information coalition, was the only member of Lake Oswego's task force not currently affiliated with government or media. He said the policy serves the public interest by guaranteeing access for legitimate reporters.

"The only person who will be excluded is some fly-by-night blogger who nobody knows who she or he is," he said. "To me, that's OK, because if they don't have some sort of cachet, then maybe they shouldn't be in a meeting."

torridjoe :: Updating Exec Session Policy: Oregonian Story Published

Update, 6pm-- Here's the legislature's original statement of policy on public meetings, as codified in 1973:

192.620 Policy. The Oregon form of government requires an informed public aware of the deliberations and decisions of governing bodies and the information upon which such decisions were made. It is the intent of ORS 192.610 to 192.690 that decisions of governing bodies be arrived at openly. [1973 c.172 §1] [emph me]
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