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