2017 Remand - Public Comment (2)

y y ma Private meeting of commissioners Paul Conte <paul.t.conte@gmail.com> Paul Conte <paul.t.conte@gmail.com> Mon, Apr 17, 2017 at 4:36 PM To: Emily Jerome <Emily.N.Jerome@ci.eugene.or.us>, BERG-JOHANSEN Erik <Erik.Berg@ci.eugene.or.us> Erik, Please enter this into the record as a request related to the Challenge of Impartiality that I filed on April 13, 2017. Emily, From my public records request, I have a September 14, 2015 e-mail thread showing Gabe Flock attempting to coordinate a meeting regarding the Oakleigh Meadow remand on September 17 or 18 among at least 3 commissioners (Taylor, Nicolello and Jaworski), Flock and Anne Davies. No explicit record of the meeting was produced. Most of the entries on Taylor's calendar are redacted; however, there's a meeting on September 17 "Comp Plan Meeting (Stoat Room)" There is no indication whether other commissioners were advised of the meeting and/or participated in the discussion either by being present or through subsequent a-mails from one or more individuals who did attend. Obviously, if a quorum of commissioners were present, or participated "serially," this would have violated public records law. I am requesting that the City provide the date and time of this meeting; a list of which commissioners attended this meeting; a list of which commissioners received any subsequent e-mail regarding the meeting or the topic(s) that were discussed; and indicate whether or not the "theory" that the Council had approved a paving width of 14' was discussed at this meeting or subsequently by e-mail. I'm aware that ex parte contacts between commissioners and staff are not necessarily something that has to be disclosed or is improper. However, organizing a meeting, including serially via e-mails, among a quorum would be improper. In addition, the Public Meetings Manual makes clear: "A gathering of less than a quorum of a committee, subcommittee, advisory group or other governing body is not a 'meeting' under the Public Meetings Law. However, while a gathering of less than a quorum is not a 'meeting,' members of a governing body should not gather as a group or groups composed of less than a quorum for the purpose of conducting business outside the Public Meetings Law. Such a gathering creates the appearance of impropriety, and runs contrary to the policy of the Public Meetings Law, which supports keeping the public informed of the deliberations of governing bodies." In light of the question raised as to Commissioner Taylor's impartiality, as well as potential violation of public meetings law, the City needs to disclose the basic details of this meeting and subsequent participation by commissioners through e-mails. Thank you. y n d11? Paul amity of Eugene fanning Division