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BEH Updates
We periodically provide updates on matters of interest to local governments in Oregon. You can subscribe to receive these updates via e-mail using the form at right and view past updates below.
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Recent BEH Updates
Public Meetings Law Checklist for Local Governments
The Oregon legislature has implemented various changes to the Public Meetings Law (PML) over the last several years, and implementing those changes can oftentimes be difficult for our clients to navigate. Here’s a checklist to help.
Free Resources for Public Records Issues
As public entities, our clients regularly work through routine, as well as difficult and unusual, public records issues. We wanted to make you aware of some free resources that are available.
Urgent Federal Grant & Contract Information
While there have always been heavy strings attached to the use of federal funding on local projects, the current presidential administration is attaching requirements to federal funding programs in an unprecedented manner. Regardless of your jurisdiction’s politics, it is critically important for you to understand the scope of what is being required in order to receive federal funding and whether your jurisdiction can actually comply with the evolving funding requirements.
OGEC Food Limit Opinion
Do you provide food and beverages during meetings? You may need to stop doing so.
The Pros and Cons of Affirmative Litigation
Most litigation involving local governments consists of the government defending itself from various types of legal claims, such as a tort claim or a claim of a violation of an individual’s constitutional rights. For the last several decades, however, local governments have been plaintiffs in litigation seeking to affirmatively vindicate harms done to the public. There are pros and cons to consider.
Public Web Accessibility Requirements
The federal DOJ published a final rule under Title II of the Americans with Disabilities Act (ADA) in 2024 that changes the obligations of state and local governments to make their websites and mobile applications accessible to people with disabilities. Here’s how to comply.
Older (But no less important!) Updates
Legal Issues: Cyber Fraud & AI
This year, more than ever before, local governments are susceptible to the hacks and scams affecting the private sector. To that end, we want to put two very important issues on your radar: cyber fraud and the use of AI in legal matters.
Impact of the Grants Pass Decision on Local Governments
Last week, the United States Supreme Court issued its decision in Grants Pass v. Johnson.
The issue before the court was whether the enforcement of generally applicable laws regulating camping on public property constitutes “cruel and unusual punishment.” While no doubt an important decision for local governments, here in Oregon the practical effect of today’s Grants Pass decision will not be significant.
Read more.
Impact of the Sheetz Decision on Local Governments
In April 2024, the U.S. Supreme Court issued a decision in a case that involved a local traffic impact fee challenged on the grounds that it violated the Fifth Amendment to the United States Constitution. While SCOTUS remanded the case back to the California Court of Appeals for re-review of the parties’ Nollan/Dolan arguments, it did not decide that legislatively enacted impact fees are unconstitutional.
Read more.
Oregon HB 4115: Expanding Membership to Bargaining Units
Earlier this year, the Oregon legislature passed House Bill 4115, which amends the Public Employees’ Collective Bargaining Act (PECBA) to allow police officers who hold the rank of sergeant to join existing bargaining units or to form their own bargaining units for the first time.
Read more.
A Brief Refresher on Oregon’s Political Activity Laws
As we enter another election year, our office wanted to take this opportunity to remind you of Oregon’s political activity laws, which are located in ORS Chapter 260. This information is not meant to be comprehensive, so if you have additional questions, please don’t hesitate to contact our office.
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Updating Your Transient Lodging Tax Ordinance
The COVID pandemic, recent inflation, and general trends have resulted in changes to the tourism industry in Oregon, and we thought it would be a good time for you to review and consider updating your transient lodging tax (“TLT”) ordinance.
Read more.