IN THE CIRCUIT COURT FOR THE STATE OF OREGON
Transcription
IN THE CIRCUIT COURT FOR THE STATE OF OREGON
1 2 3 4 IN THE CIRCUIT COURT FOR THE STATE OF OREGON 5 FOR THE COUNTY OF MULTNOMAH 6 7 OREGON PUBLIC BROADCASTING, a public benefit corporation, 10 COMPLAINT Plaintiff, 8 9 Case No. Declaratory Judgment, ORS 28.010 v. Violation of Open Meetings Law, ORS 192.610, et seq. PORTLAND PUBLIC SCHOOLS, a public entity, 11 Not Subject to Mandatory Arbitration Defendant. Filing fee based on ORS 21.135(1) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff Oregon Public Broadcasting (“OPB”), by its attorneys, alleges: 1. This is an action under ORS 28.010 and ORS 192.680. 2. OPB is an Oregon public benefit corporation. 3. Portland Public Schools (“the District”) is a public body. FIRST CLAIM FOR RELIEF For its First Claim for Relief, for Declaratory Judgment, OPB alleges: 4. OPB realleges paragraphs 1 through 3 of this complaint. 5. The District’s published rules governing the committee known as SACET state that Page 1 - COMPLAINT DAVIS WRIGHT TREMAINE LLP DWT 25319400v1 0772190-000008 1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610 (503) 241-2300 main (503) 778-5299 fax 1 “SACET meetings will be open to the public.” 2 6. 3 The District has repeatedly directed SACET that it should close its meetings to the 4 public, including most recently the September 27, 2014 meeting. 5 7. 6 OPB seeks a declaration, pursuant to ORS 28.010, that in directing SACET to hold 7 closed meetings, the District has violated rules published by the District governing SACET, 8 which the District has made available to the public. 8. 9 10 OPB seeks its costs, pursuant to ORS 28.100. SECOND CLAIM FOR RELIEF 11 12 13 For its Second Claim for Relief, for violation of Oregon’s Open Meetings Law, ORS 192.610, et seq., OPB alleges: 9. 14 15 16 SACET is a governing body within the meaning of Oregon’s Public Meetings Law, ORS 192.610. 10. 17 18 19 SACET’s closed meetings, at the District’s direction, including on September 27, 2014, violate ORS 192.630. 11. 20 21 22 With the District’s direction, minutes of SACET’s meetings have been repeatedly in violation of the requirements of ORS 192.650. 12. 23 24 The District’s direction to SACET that SACET should close meetings and that SACET 25 should fail to comply with Oregon’s minutes requirements, all in violation of Oregon law as 26 OPB has repeatedly pointed out to the District, were a result of intentional disregard of Oregon’s Page 2 - COMPLAINT DAVIS WRIGHT TREMAINE LLP DWT 25319400v1 0772190-000008 1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610 (503) 241-2300 main (503) 778-5299 fax 1 Open Meetings Law. 13. 2 3 4 Pursuant to ORS 192.680, OPB seeks a declaration that SACET meetings and minutes violated ORS 192.610 et seq. 14. 5 6 Pursuant to ORS 192.680(3), OPB seeks its costs and reasonable attorney fees. 7 8 WHEREFORE, plaintiff prays for judgment: 9 1. 10 11 Declaring that SACET meetings were held in violation of rules made by the District and made available to the public; 2. Declaring that the actions of SACET, as directed by the District, violated 12 Oregon’s Open Meetings Law requirements by holding closed meetings and in failing to 13 comply with statutory requirements regarding minutes; 14 3. Awarding costs and attorney fees, pursuant to ORS 192.680(3); and 15 4. Granting such other equitable relief as the Court deems appropriate, including 16 17 enjoining the District from future violations. DATED this _____ day of November, 2014. 18 DAVIS WRIGHT TREMAINE LLP 19 20 By: 21 22 23 Duane A. Bosworth, OSB #825077 Email: duanebosworth@dwt.com Telephone: (503) 778-5224 Facsimile: (503) 778-5299 Of Attorneys for Plaintiff 24 25 26 Page 3 - COMPLAINT DAVIS WRIGHT TREMAINE LLP DWT 25319400v1 0772190-000008 1300 S.W. Fifth Avenue, Suite 2400 Portland, Oregon 97201-5610 (503) 241-2300 main (503) 778-5299 fax