HomeMy WebLinkAboutDog Board memo Date: December 14, 2011
To: Board of County Commissioners
From: Erik Kropp, Interim County Administrator
Re: Dog Board
Background
The Deschutes County Animal Control Board of Supervisors (“Dog Board”) is a five member
volunteer board. The Dog Board is appointed by the Board of County Commissioners to
determine the disposition of dogs that are cited for wounding, chasing, or killing livestock. The
Dog Board performs an important public service and its members face difficult decisions that
impact family pets, neighbor relations, and livestock.
Issue
Recently, after conducting legal research, County Legal Counsel determined that Dog Board
deliberations need to occur in public session. Previously, the Dog Board heard testimony from the
“complainant” and dog “owner” in open session, deliberated in private, and then issued a
determination in public. Members of the Dog Board have expressed concerns about deliberating
in public and would like to discuss the matter with the Board.
According to ORS 192.610(3) and (4), the Dog Board is a “public body” because it is a board
appointed by County ordinance to make a specific type of decision on the County’s behalf – it has
the authority to make decisions on behalf of the County with regard to dogs that have been
impounded pursuant to ORS 609.125 – 190 for chasing, wounding, or killing livestock.
Therefore, the board is subject to the public meetings laws.
There are issues that a public body may discuss privately in executive session. However, none of
these appear to apply to the board’s deliberations in this context. There are also a few exceptions
to the requirement of public deliberations set out in ORS 192.690. Unfortunately, none of these
would apply either.
Legal staff looked into whether the Dog Board deliberations could be considered “judicial
proceeding”, which allow deliberations outside a public meeting. However, Legal staff
determined that “judicial proceedings” are related to court proceedings, not proceedings of a
county-appointed board.
Alternatives
Listed below are four alternatives:
A. Reaffirm staff’s position that Dog Board deliberations must be in a public meeting.
B. Use an alterative to the Dog Board:
1. Board of County Commissioners
2. Appoint staff from Legal Counsel to serve as the hearings officer
3. Hire a hearings officer
Recommendation
I recommend reaffirming staff’s position that Dog Board deliberations must be in a public
meeting and discuss the ramifications of this decision with current Dog Board members.
