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body. ORS 192.360(3). The term"public body" does not include an individual official. See, <br /> 42 Op Atty Gen 187 (1991). For example, an advisory committee appointed by a <br /> department head is not subject to the public meetings law if the advisory committee reports <br /> only to the department head. If, however, the department head lacks authority to act on the <br /> advisory group's recommendations, but rather must pass those recommendations on to the <br /> City Council (a public body), the public meetings law applies to the advisory group's <br /> meetings. <br /> A private entity does not become subject to the public meetings law simply because <br /> it receive public funds,contracts with a governmental body,or performs public services. The <br /> private entity must receive some authority from the governing body to act in an advisory <br /> capacity. <br /> In this case, the Board is a private entity. It's involvement in the development of the <br /> Wayne Morse Ranch master plan was approved by the PARCS department head, without <br /> City Council sanction or involvement. The department head, and not the City Council, has <br /> the authority to adopt the master plan. In any case, the agreement included no provision <br /> for the Board to act as advisor to the City on the master plan. <br /> The public meetings law does not apply to the Board in this instance for two reasons. <br /> First, if it had an advisory role at all, the Board's recommendations would be made to the <br /> department head and not to a "public body." Second, even were the authority to adopt the <br /> Wayne Morse Ranch master plan to lie with the City Council, the Board received no express <br /> or implied authority from the City Council to make collective recommendations to that body <br /> on the Wayne Morse master plan. <br /> For these reasons, it is our opinion that the Board's meeting at which it called an <br /> executive session to consider the Wayne Morse Ranch master plan was not subject to the <br /> public meetings law. If you have questions or need more information, please call. <br /> HARRANG LONG WATKINSON ARNOLD <br /> & LAI P.C. - CITY ATF ' EYS <br /> i <br /> Sharon A. Rudnick <br /> SAR/lj <br /> w <br />