Chapter 244 —
Government Ethics
2007 EDITION
GOVERNMENT ETHICS
PUBLIC OFFICERS AND EMPLOYEES
GENERAL PROVISIONS
244.010 Policy
244.020 Definitions
244.025 Gift
limit; entertainment prohibition
244.040 Prohibited
use of official position or office; exceptions; other prohibited actions
244.042 Honoraria
244.045 Regulation
of subsequent employment of public officials; lobbying by former members of
Legislative Assembly
244.047 Financial
interest in public contract
REPORTING
244.050 Persons
required to file statement of economic interest; filing deadline
244.055 Additional
reporting requirements for State Treasury; review; confidentiality
244.060 Form
of statement of economic interest
244.070 Additional
statement of economic interest
244.090 Report
on association with compensated lobbyist
244.100 Statements
of expenses, honoraria or income received; statements to be provided to public
official
244.105 Quarterly
filing of statements
244.110 Statements
subject to penalty for false swearing
244.115 Filing
required for member of Congress or candidate; filing date
CONFLICTS OF INTEREST
244.120 Methods
of handling conflicts; Legislative Assembly; judges; appointed officials; other
elected officials or members of boards
244.130 Recording
of notice of conflict; effect of failure to disclose conflict
244.135 Method
of handling conflicts by planning commission members
APPLICATION OF CHAPTER
244.160 Filing
of statement of economic interest by public official of political subdivision
other than city or county
244.162 Information
provided to persons required to file statement of economic interest
244.165 Rules
or policies of state agency or association of public bodies; commission
approval; effect
NEPOTISM
244.175 Definitions
for ORS 244.177 and 244.179
244.177 Employment
of relative or member of household; exceptions
244.179 Supervision
of relative or member of household; exceptions
LEGAL EXPENSE TRUST FUND
244.205 Legal
expense trust fund; establishment; eligible legal expenses
244.207 Use
of fund proceeds
244.209 Application
to establish fund; commission review and authorization
244.211 Duties
of trustee; persons ineligible to be trustee
244.213 Contributions
to fund
244.215 Fund
account
244.217 Statement
of contributions received and expenditures made
244.219 Termination
of fund
244.221 Disposition
of moneys in terminated fund; distribution of award of attorney fees, costs or
money judgment
COMMISSION
244.250 Oregon
Government Ethics Commission; appointment; term; quorum; compensation; legal
counsel
244.255 Commission
funding
244.260 Complaint
and adjudicatory process; confidential Preliminary Review Phase; Investigatory
Phase; possible actions by order; report of findings; contested case procedure;
limitation on commission action
244.270 Findings
as grounds for removal; notice to public bodies
244.280 Commission
advisory opinions; effect of reliance on opinion
244.282 Executive
director advisory opinions; effect of reliance on opinion
244.284 Staff
advisory opinions; effect of reliance on opinion
244.290 General
duties of commission; rules
244.300 Status
of records
244.310 Executive
director
244.320 Manual
on government ethics; revision
244.330 Distribution
of manual on government ethics
244.340 Continuing
education program
244.345
ENFORCEMENT
244.350 Civil
penalties; letter of reprimand or explanation
244.355 Failure
to file trading statement
244.360 Additional
civil penalty equal to twice amount of financial benefit
244.370 Civil
penalty procedure; disposition of penalties
244.380 Additional
sanctions for failure to file statement of economic interest
244.390 Status
of penalties and sanctions; consideration of other penalties imposed
244.400 Attorney
fees for person prevailing in contested case
GENERAL PROVISIONS
244.010
Policy. (1) The Legislative
Assembly declares that service as a public official is a public trust and that,
as one safeguard for that trust, the people require all public officials to
comply with the applicable provisions of this chapter.
(2) The Legislative Assembly recognizes
that it is the policy of the state to have serving on many state and local
boards and commissions state and local officials who may have potentially
conflicting public responsibilities by virtue of their positions as public
officials and also as members of the boards and commissions, and declares it to
be the policy of the state that the holding of such offices does not constitute
the holding of incompatible offices unless expressly stated in the enabling
legislation. [1974 c.72 §§1,1a; 1987 c.566 §7; 2005 c.22 §185; 2007 c.865 §28]
244.020
Definitions. As used in this
chapter, unless the context requires otherwise:
(1) “Actual conflict of interest” means
any action or any decision or recommendation by a person acting in a capacity
as a public official, the effect of which would be to the private pecuniary
benefit or detriment of the person or the person’s relative or any business
with which the person or a relative of the person is associated unless the
pecuniary benefit or detriment arises out of circumstances described in
subsection (11) of this section.
(2) “Business” means any corporation,
partnership, proprietorship, firm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity operated for
economic gain but excluding any income-producing not-for-profit corporation
that is tax exempt under section 501(c) of the Internal Revenue Code with which
a public official or a relative of the public official is associated only as a
member or board director or in a nonremunerative capacity.
(3) “Business with which the person is
associated” means:
(a) Any private business or closely held
corporation of which the person or the person’s relative is a director,
officer, owner or employee, or agent or any private business or closely held
corporation in which the person or the person’s relative owns or has owned
stock, another form of equity interest, stock options or debt instruments worth
$1,000 or more at any point in the preceding calendar year;
(b) Any publicly held corporation in which
the person or the person’s relative owns or has owned $100,000 or more in stock
or another form of equity interest, stock options or debt instruments at any point
in the preceding calendar year;
(c) Any publicly held corporation of which
the person or the person’s relative is a director or officer; or
(d) For public officials required to file
a statement of economic interest under ORS 244.050, any business listed as a
source of income as required under ORS 244.060 (3).
(4) “Development commission” means any
entity which has the authority to purchase, develop, improve or lease land or
the authority to operate or direct the use of land. This authority must be more
than ministerial.
(5)(a) “Gift” means something of economic
value given to a public official or a relative or member of the household of
the public official:
(A) Without valuable consideration of
equivalent value, including the full or partial forgiveness of indebtedness,
which is not extended to others who are not public officials or the relatives
or members of the household of public officials on the same terms and
conditions; or
(B) For valuable consideration less than
that required from others who are not public officials.
(b) “Gift” does not mean:
(A) Contributions as defined in ORS
260.005.
(B) Gifts from relatives or members of the
household of the public official.
(C) An unsolicited token or award of
appreciation in the form of a plaque, trophy, desk item, wall memento or
similar item, with a resale value reasonably expected to be less than $25.
(D) Informational material, publications
or subscriptions related to the recipient’s performance of official duties.
(E) Admission provided to or the cost of
food or beverage consumed by a public official, or a member of the household or
staff of the public official when accompanying the public official, at a
reception, meal or meeting held by an organization before whom the public
official appears to speak or to answer questions as part of a scheduled
program.
(F) Reasonable expenses paid by any unit
of the federal government, a state or local government, a Native American tribe
that is recognized by federal law or formally acknowledged by a state, a
membership organization to which a public body as defined in ORS 174.109 pays
membership dues or a not-for-profit corporation that is tax exempt under
section 501(c)(3) of the Internal Revenue Code and that receives less than five
percent of its funding from for-profit organizations or entities, for
attendance at a convention, fact-finding mission or trip, or other meeting if
the public official is scheduled to deliver a speech, make a presentation,
participate on a panel or represent state government as defined in ORS 174.111,
a local government as defined in ORS 174.116 or a special government body as
defined in ORS 174.117.
(G) Contributions made to a legal expense
trust fund established under ORS 244.209 for the benefit of the public
official.
(H) Reasonable food, travel or lodging
expenses provided to a public official, a relative of the public official
accompanying the public official, a member of the household of the public
official accompanying the public official or a staff member of the public
official accompanying the public official, when the public official is
representing state government as defined in ORS 174.111, a local government as
defined in ORS 174.116 or a special government body as defined in ORS 174.117:
(i) On an officially sanctioned
trade-promotion or fact-finding mission; or
(ii) In officially designated
negotiations, or economic development activities, where receipt of the expenses
is approved in advance.
(I) Food or beverage consumed by a public
official acting in an official capacity:
(i) In association with the review,
approval, execution of documents or closing of a borrowing, investment or other
financial transaction, including any business agreement between state
government as defined in ORS 174.111, a local government as defined in ORS
174.116 or a special government body as defined in ORS 174.117 and a private
entity or public body as defined in ORS 174.109;
(ii) While engaged in due diligence
research or presentations by the office of the State Treasurer related to an
existing or proposed investment or borrowing; or
(iii) While engaged in a meeting of an
advisory, governance or policy-making body of a corporation, partnership or
other entity in which the office of the State Treasurer has invested moneys.
(J) Waiver or discount of registration
expenses or materials provided to a public official at a continuing education
event that the public official may attend to satisfy a professional licensing
requirement.
(K) Expenses provided by one public
official to another public official for travel inside this state to or from an
event that bears a relationship to the receiving public official’s office and
at which the official participates in an official capacity.
(L) Food or beverage consumed by a public
official at a reception where the food or beverage is provided as an incidental
part of the reception and no cost is placed on the food or beverage.
(M) Entertainment provided to a public
official or a relative or member of the household of the public official that
is incidental to the main purpose of another event.
(N) Entertainment provided to a public
official or a relative or member of the household of the public official where
the public official is acting in an official capacity while representing state
government as defined in ORS 174.111, a local government as defined in ORS
174.116 or a special government body as defined in ORS 174.117 for a ceremonial
purpose.
(6) “Honorarium” means a payment or
something of economic value given to a public official in exchange for services
upon which custom or propriety prevents the setting of a price. Services
include, but are not limited to, speeches or other services rendered in
connection with an event.
(7) “Income” means income of any nature
derived from any source, including, but not limited to, any salary, wage,
advance, payment, dividend, interest, rent, honorarium, return of capital,
forgiveness of indebtedness, or anything of economic value.
(8) “Legislative or administrative
interest” means an economic interest, distinct from that of the general public,
in one or more bills, resolutions, regulations, proposals or other matters
subject to the action or vote of a person acting in the capacity of a public
official.
(9) “Member of the household” means any
person who resides with the public official.
(10) “Planning commission” means a county
planning commission created under ORS chapter 215 or a city planning commission
created under ORS chapter 227.
(11) “Potential conflict of interest”
means any action or any decision or recommendation by a person acting in a
capacity as a public official, the effect of which could be to the private
pecuniary benefit or detriment of the person or the person’s relative, or a
business with which the person or the person’s relative is associated, unless
the pecuniary benefit or detriment arises out of the following:
(a) An interest or membership in a
particular business, industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or position.
(b) Any action in the person’s official
capacity which would affect to the same degree a class consisting of all
inhabitants of the state, or a smaller class consisting of an industry,
occupation or other group including one of which or in which the person, or the
person’s relative or business with which the person or the person’s relative is
associated, is a member or is engaged.
(c) Membership in or membership on the
board of directors of a nonprofit corporation that is tax-exempt under section 501(c)
of the Internal Revenue Code.
(12) “Public office” has the meaning given
that term in ORS 260.005.
(13) “Public official” means any person
who, when an alleged violation of this chapter occurs, is serving the State of
Oregon or any of its political subdivisions or any other public body as defined
in ORS 174.109 as an elected official, appointed official, employee, agent or
otherwise, irrespective of whether the person is compensated for the services.
(14) “Relative” means:
(a) The spouse of the public official;
(b) The domestic partner of the public
official;
(c) Any children of the public official or
of the public official’s spouse;
(d) Siblings, spouses of siblings or
parents of the public official or of the public official’s spouse;
(e) Any individual for whom the public
official has a legal support obligation; or
(f) Any individual for whom the public
official provides benefits arising from the public official’s public employment
or from whom the public official receives benefits arising from that individual’s
employment.
(15) “Statement of economic interest”
means a statement as described by ORS 244.060, 244.070 or 244.100.
(16) “Zoning commission” means an entity
to which is delegated at least some of the discretionary authority of a planning
commission or governing body relating to zoning and land use matters. [1974
c.72 §2; 1975 c.543 §1; 1977 c.588 §2; 1979 c.666 §5; 1987 c.566 §8; 1989 c.340
§2; 1991 c.73 §1; 1991 c.770 §5; 1993 c.743 §8; 1995 c.79 §85; 1997 c.249 §75;
2001 c.200 §1; 2003 c.14 §115; 2005 c.574 §1; 2007 c.865 §8; 2007 c.877 §16a]
244.025
Gift limit; entertainment prohibition. (1) During a calendar year, a public official, a candidate for public
office or a relative or member of the household of the public official or
candidate may not solicit or receive, directly or indirectly, any gift or gifts
with an aggregate value in excess of $50 from any single source that could
reasonably be known to have a legislative or administrative interest in any
governmental agency in which the public official holds, or the candidate if
elected would hold, any official position or over which the public official
exercises, or the candidate if elected would exercise, any authority.
(2) During a calendar year, a person who
has a legislative or administrative interest in any governmental agency in
which a public official holds any official position or over which the public
official exercises any authority may not offer to the public official or a
relative or member of the household of the public official any gift or gifts
with an aggregate value in excess of $50.
(3) During a calendar year, a person who
has a legislative or administrative interest in any governmental agency in
which a candidate for public office if elected would hold any official position
or over which the candidate if elected would exercise any authority may not
offer to the candidate or a relative or member of the household of the
candidate any gift or gifts with an aggregate value in excess of $50.
(4) Notwithstanding subsection (1) of this
section:
(a) A public official, a candidate for
public office or a relative or member of the household of the public official
or candidate may not solicit or receive, directly or indirectly, any gift of
payment of expenses for entertainment from any single source that could
reasonably be known to have a legislative or administrative interest in any
governmental agency in which the public official holds, or the candidate if
elected would hold, any official position or over which the public official
exercises, or the candidate if elected would exercise, any authority.
(b) A person who has a legislative or
administrative interest in any governmental agency in which a public official
holds any official position or over which the public official exercises any
authority may not offer to the public official or a relative or member of the
household of the public official any gift of payment of expenses for
entertainment.
(c) A person who has a legislative or
administrative interest in any governmental agency in which a candidate for
public office if elected would hold any official position or over which the
candidate if elected would exercise any authority may not offer to the
candidate or a relative or member of the household of the candidate any gift of
payment of expenses for entertainment.
(5) This section does not apply to public
officials subject to the Oregon Code of Judicial Conduct. [2007 c.877 §18]
244.030 [1974 c.72 §24; repealed by 2007 c.865 §41]
244.040
Prohibited use of official position or office; exceptions; other prohibited
actions. (1) Except as
provided in subsection (2) of this section, a public official may not use or
attempt to use official position or office to obtain financial gain or
avoidance of financial detriment for the public official, a relative or member
of the household of the public official, or any business with which the public
official or a relative or member of the household of the public official is
associated, if the financial gain or avoidance of financial detriment would not
otherwise be available but for the public official’s holding of the official
position or office.
(2) Subsection (1) of this section does
not apply to:
(a) Any part of an official compensation
package as determined by the public body that the public official serves.
(b) The receipt by a public official or a
relative or member of the household of the public official of an honorarium or
any other item allowed under ORS 244.042.
(c) Reimbursement of expenses.
(d) An unsolicited award for professional
achievement.
(e) Gifts that do not exceed the limits
specified in ORS 244.025 received by a public official or a relative or member
of the household of the public official from a source that could reasonably be
known to have a legislative or administrative interest in a governmental agency
in which the official holds any official position or over which the official
exercises any authority.
(f) Gifts received by a public official or
a relative or member of the household of the public official from a source that
could not reasonably be known to have a legislative or administrative interest
in a governmental agency in which the official holds any official position or
over which the official exercises any authority.
(g) The receipt by a public official or a
relative or member of the household of the public official of any item,
regardless of value, that is expressly excluded from the definition of “gift”
in ORS 244.020.
(h) Contributions made to a legal expense
trust fund established under ORS 244.209 for the benefit of the public
official.
(3) A public official may not solicit or
receive, either directly or indirectly, and a person may not offer or give to
any public official any pledge or promise of future employment, based on any
understanding that the vote, official action or judgment of the public official
would be influenced by the pledge or promise.
(4) A public official may not attempt to
further or further the personal gain of the public official through the use of
confidential information gained in the course of or by reason of holding
position as a public official or activities of the public official.
(5) A person who has ceased to be a public
official may not attempt to further or further the personal gain of any person
through the use of confidential information gained in the course of or by
reason of holding position as a public official or the activities of the person
as a public official.
(6) A person may not attempt to represent
or represent a client for a fee before the governing body of a public body of
which the person is a member. This subsection does not apply to the person’s
employer, business partner or other associate.
(7) The provisions of this section apply
regardless of whether actual conflicts of interest or potential conflicts of
interest are announced or disclosed under ORS 244.120. [1974 c.72 §3; 1975
c.543 §2; 1987 c.566 §9; 1989 c.340 §3; 1991 c.146 §1; 1991 c.770 §6; 1991
c.911 §4; 1993 c.743 §9; 2007 c.877 §17]
244.042
Honoraria. (1) Except as
provided in subsection (3) of this section, a public official may not solicit
or receive, whether directly or indirectly, honoraria for the public official
or any member of the household of the public official if the honoraria are
solicited or received in connection with the official duties of the public
official.
(2) Except as provided in subsection (3)
of this section, a candidate for public office may not solicit or receive,
whether directly or indirectly, honoraria for the candidate or any member of
the household of the candidate if the honoraria are solicited or received in
connection with the official duties of the public office for which the person
is a candidate.
(3) This section does not prohibit:
(a) The solicitation or receipt of an
honorarium or a certificate, plaque, commemorative token or other item with a
value of $50 or less; or
(b) The solicitation or receipt of an
honorarium for services performed in relation to the private profession,
occupation, avocation or expertise of the public official or candidate. [2007
c.877 §24]
244.045
Regulation of subsequent employment of public officials; lobbying by former
members of Legislative Assembly. (1) A person who has been a Public Utility Commissioner, the Director
of the Department of Consumer and Business Services, the Administrator of the
Division of Finance and Corporate Securities, the Administrator of the
Insurance Division, the Administrator of the Oregon Liquor Control Commission
or the Director of the Oregon State Lottery shall not:
(a) Within one year after the public
official ceases to hold the position become an employee of or receive any
financial gain, other than reimbursement of expenses, from any private employer
engaged in the activity, occupation or industry over which the former public official
had authority; or
(b) Within two years after the public
official ceases to hold the position:
(A) Be a lobbyist for or appear as a
representative before the agency over which the person exercised authority as a
public official;
(B) Influence or try to influence the
actions of the agency; or
(C) Disclose any confidential information
gained as a public official.
(2) A person who has been a Deputy
Attorney General or an assistant attorney general shall not, within two years
after the person ceases to hold the position, lobby or appear before an agency
that the person represented while employed by the Department of Justice.
(3) A person who has been the State
Treasurer or the Chief Deputy State Treasurer shall not, within one year after
ceasing to hold office:
(a) Accept employment from or be retained
by any private entity with whom the office of the State Treasurer or the Oregon
Investment Council negotiated or to whom either awarded a contract providing
for payment by the state of at least $25,000 in any single year during the term
of office of the treasurer;
(b) Accept employment from or be retained
by any private entity with whom the office of the State Treasurer or the Oregon
Investment Council placed at least $50,000 of investment moneys in any single
year during the term of office of the treasurer; or
(c) Be a lobbyist for an investment
institution, manager or consultant, or appear before the office of the State
Treasurer or Oregon Investment Council as a representative of an investment institution,
manager or consultant.
(4) A public official who as part of the
official’s duties invested public funds shall not within two years after the
public official ceases to hold the position:
(a) Be a lobbyist or appear as a
representative before the agency, board or commission for which the former
public official invested public funds;
(b) Influence or try to influence the
agency, board or commission; or
(c) Disclose any confidential information
gained as a public official.
(5)(a) A person who has been a member of
the Department of State Police, who has held a position with the department
with the responsibility for supervising, directing or administering programs
relating to gaming by a Native American tribe or the Oregon State Lottery and
who has been designated by the Superintendent of State Police by rule shall
not, within one year after the member of the Department of State Police ceases
to hold the position:
(A) Accept employment from or be retained
by or receive any financial gain related to gaming from the Oregon State
Lottery or any Native American tribe;
(B) Accept employment from or be retained
by or receive any financial gain from any private employer selling or offering
to sell gaming products or services;
(C) Influence or try to influence the
actions of the Department of State Police; or
(D) Disclose any confidential information
gained as a member of the Department of State Police.
(b) This subsection does not apply to:
(A) Appointment or employment of a person
as an Oregon State Lottery Commissioner or as a Tribal Gaming Commissioner or
regulatory agent thereof;
(B) Contracting with the Oregon State
Lottery as a lottery game retailer;
(C) Financial gain received from personal
gaming activities conducted as a private citizen; or
(D) Subsequent employment in any capacity
by the Department of State Police.
(c) As used in this subsection, “Native
American tribe” means any recognized Native American tribe or band of tribes
authorized by the Indian Gaming Regulatory Act of October 17, 1988 (Public Law
100-497), 25 U.S.C. 2701 et seq., to conduct gambling operations on tribal
land.
(6) A person who has been a member of the
Legislative Assembly may not receive money or any other consideration for
lobbying as defined in ORS 171.725 performed during the period beginning on the
date the person ceases to be a member of the Legislative Assembly and ending on
the date of adjournment sine die of the next regular session of the Legislative
Assembly that begins after the date the person ceases to be a member of the
Legislative Assembly. [1987 c.360 §1; 1993 c.743 §10; 1995 c.79 §86; 1997 c.750
§1; 2007 c.877 §15]
Note: Section 15b, chapter 877, Oregon Laws 2007,
provides:
Sec.
15b. (1) For purposes of ORS
244.045 (6), if a special session of the Legislative Assembly is held in
calendar year 2008 or 2010, the first special session held in that calendar
year is considered a regular session of the Legislative Assembly.
(2) This section is repealed January 1,
2011. [2007 c.877 §15b]
244.047
Financial interest in public contract. (1) As used in this section:
(a) “Public body” has the meaning given
that term in ORS 174.109.
(b) “Public contract” has the meaning
given that term in ORS 279A.010.
(2) Except as provided in subsection (3)
of this section, a person may not, for two years after the person ceases to
hold a position as a public official, have a direct beneficial financial
interest in a public contract that was authorized by:
(a) The person acting in the capacity of a
public official; or
(b) A board, commission, council, bureau,
committee or other governing body of a public body of which the person was a
member when the contract was authorized.
(3) Subsection (2) of this section does
not apply to a person who was a member of a board, commission, council, bureau,
committee or other governing body of a public body when the contract was
authorized, but who did not participate in the authorization of the contract. [2007
c.877 §23a]
REPORTING
244.050
Persons required to file statement of economic interest; filing deadline. (1) On or before April 15 of each year the
following persons shall file with the Oregon Government Ethics Commission a
verified statement of economic interest as required under this chapter:
(a) The Governor, Secretary of State,
State Treasurer, Attorney General, Commissioner of the Bureau of Labor and
Industries, Superintendent of Public Instruction, district attorneys and
members of the Legislative Assembly.
(b) Any judicial officer, including
justices of the peace and municipal judges, except any pro tem judicial officer
who does not otherwise serve as a judicial officer.
(c) Any candidate for a public office
designated in paragraph (a) or (b) of this subsection.
(d) The Deputy Attorney General.
(e) The Legislative Administrator, the
Legislative Counsel, the Legislative Fiscal Officer, the Secretary of the
Senate and the Chief Clerk of the House of Representatives.
(f) The Chancellor and Vice Chancellors of
the Oregon University System and the president and vice presidents, or their
administrative equivalents, in each institution under the jurisdiction of the
State Board of Higher Education.
(g) The following state officers:
(A) Adjutant General.
(B) Director of Agriculture.
(C) Manager of State Accident Insurance Fund
Corporation.
(D) Water Resources Director.
(E) Director of Department of
Environmental Quality.
(F) Director of Oregon Department of
Administrative Services.
(G) State Fish and Wildlife Director.
(H) State Forester.
(I) State Geologist.
(J) Director of Human Services.
(K) Director of the Department of Consumer
and Business Services.
(L) Director of the Department of State
Lands.
(M) State Librarian.
(N) Administrator of
(O) Superintendent of State Police.
(P) Director of the Public Employees
Retirement System.
(Q) Director of Department of Revenue.
(R) Director of Transportation.
(S) Public Utility Commissioner.
(T) Director of Veterans’ Affairs.
(U) Executive Director of
(V) Director of the State Department of
Energy.
(W) Director and each assistant director
of the Oregon State Lottery.
(h) Any assistant in the Governor’s office
other than personal secretaries and clerical personnel.
(i) Every elected city or county official.
(j) Every member of a city or county
planning, zoning or development commission.
(k) The chief executive officer of a city
or county who performs the duties of manager or principal administrator of the
city or county.
(L) Members of local government boundary
commissions formed under ORS 199.410 to 199.519.
(m) Every member of a governing body of a
metropolitan service district and the executive officer thereof.
(n) Each member of the board of directors
of the State Accident Insurance Fund Corporation.
(o) The chief administrative officer and
the financial officer of each common and union high school district, education
service district and community college district.
(p) Every member of the following state
boards and commissions:
(A) Board of Geologic and Mineral
Industries.
(B)
(C) State Board of Education.
(D) Environmental Quality Commission.
(E) Fish and Wildlife Commission of the
State of
(F) State Board of Forestry.
(G)
(H)
(I) State Board of Higher Education.
(J)
(K) Land Conservation and Development
Commission.
(L)
(M)
(N) State Marine Board.
(O) Mass transit district boards.
(P) Energy Facility Siting Council.
(Q) Board of Commissioners of the
(R) Employment Relations Board.
(S) Public Employees Retirement Board.
(T)
(U)
(V) Wage and Hour Commission.
(W) Water Resources Commission.
(X) Workers’ Compensation Board.
(Y)
(Z)
(AA)
(BB)
(CC)
(q) The following officers of the State
Treasurer:
(A) Chief Deputy State Treasurer.
(B) Chief of staff for the office of the
State Treasurer.
(C) Director of the Investment Division.
(r) Every member of the board of
commissioners of a port governed by ORS 777.005 to 777.725 or 777.915 to
777.953.
(s) Every member of the board of directors
of an authority created under ORS 441.525 to 441.595.
(2) By April 15 next after the date an
appointment takes effect, every appointed public official on a board or
commission listed in subsection (1) of this section shall file with the Oregon
Government Ethics Commission a statement of economic interest as required under
ORS 244.060, 244.070 and 244.090.
(3) By April 15 next after the filing
deadline for the primary election, each candidate for public office described
in subsection (1) of this section shall file with the commission a statement of
economic interest as required under ORS 244.060, 244.070 and 244.090.
(4) Within 30 days after the filing
deadline for the general election, each candidate for public office described
in subsection (1) of this section who was not a candidate in the preceding
primary election, or who was nominated for public office described in
subsection (1) of this section at the preceding primary election by write-in
votes, shall file with the commission a statement of economic interest as required
under ORS 244.060, 244.070 and 244.090.
(5) Subsections (1) to (4) of this section
apply only to persons who are incumbent, elected or appointed public officials
as of April 15 and to persons who are candidates for public office on April 15.
Subsections (1) to (4) of this section also apply to persons who do not become
candidates until 30 days after the filing deadline for the statewide general
election.
(6) If a statement required to be filed
under this section has not been received by the commission within five days
after the date the statement is due, the commission shall notify the public
official or candidate and give the public official or candidate not less than
15 days to comply with the requirements of this section. If the public official
or candidate fails to comply by the date set by the commission, the commission
may impose a civil penalty as provided in ORS 244.350. [1974 c.72 §§4,4a; 1975
c.543 §3; 1977 c.588 §3; 1977 c.751 §16; 1979 c.374 §5; 1979 c.666 §6; 1979
c.697 §1; 1979 c.736 §1; 1979 c.829 §9b; 1987 c.373 §26; 1987 c.414 §148; 1987
c.566 §10; 1991 c.73 §2; 1991 c.160 §1; 1991 c.163 §1; 1991 c.470 §13; 1991
c.614 §2; 1993 c.500 §10; 1993 c.743 §11; 1995 c.79 §87; 1995 c.712 §94; 1997
c.652 §16; 1997 c.833 §22; 1999 c.59 §62; 1999 c.291 §28; 2001 c.104 §77; 2003
c.214 §1; 2003 c.784 §13; 2005 c.157 §6; 2005 c.217 §23; 2005 c.777 §14; 2007
c.813 §2; 2007 c.865 §17; 2007 c.877 §13]
244.055
Additional reporting requirements for State Treasury; review; confidentiality. (1) In addition to the statement required by
ORS 244.050, the State Treasurer and any person listed under ORS 244.050 (1)(q)
and this subsection shall file quarterly at a time fixed by the State Treasurer
a trading statement listing all stocks, bonds and other types of securities
purchased or sold during the preceding quarter:
(a) Directors of the Cash Management
Division and the Debt Management Division.
(b) Equities, fixed income, short term
fund, real estate, equities real estate and commercial and mortgage real estate
investment officers and assistant investment officers.
(c) Fixed income and short term fund
investment analysts.
(2) The statement required by subsection
(1) of this section shall be filed for review with the State Treasurer, the
Attorney General and the Division of Audits of the office of the Secretary of
State. The content of the statement is confidential.
(3) If the State Treasurer or the Chief
Deputy State Treasurer determines that a conflict of interest exists for an
officer or employee, the State Treasurer shall subject the person to
appropriate discipline, including dismissal or termination of the contract, or
both, pursuant to rule. If the State Treasurer has cause to believe that a
violation of this chapter has occurred, the State Treasurer shall file a
complaint with the Oregon Government Ethics Commission under ORS 244.260.
(4) If the State Treasurer fails to act on
an apparent conflict of interest under subsection (3) of this section or if the
statement of the State Treasurer or the Chief Deputy State Treasurer appears to
contain a conflict of interest, the Director of the Division of Audits shall
report the failure or apparent conflict to the Attorney General, who may file a
complaint with the commission. [1993 c.743 §26; 2007 c.865 §29]
244.060
Form of statement of economic interest. The statement of economic interest filed under ORS 244.050 shall be on
a form prescribed by the Oregon Government Ethics Commission. The public
official or candidate for public office filing the statement shall supply the
information required by this section and ORS 244.090, as follows:
(1) The names of all positions as officer
of a business and business directorships held by the person or a member of the
household of the person during the preceding calendar year, and the principal
address and a brief description of each business.
(2) All names under which the person and
members of the household of the person do business and the principal address
and a brief description of each business.
(3) The names, principal addresses and
brief descriptions of the five most significant sources of income received at
any time during the preceding calendar year by the person and by each member of
the household of the person, a description of the type of income and the name of
the person receiving the income.
(4)(a) A list of all real property in
which the public official or candidate for public office or a member of the
household of the public official or candidate has or has had any personal,
beneficial ownership interest during the preceding calendar year, any options
to purchase or sell real property, including a land sales contract, and any
other rights of any kind in real property located within the geographic
boundaries of the governmental agency of which the public official holds, or
the candidate if elected would hold, any official position or over which the
public official exercises, or the candidate if elected would exercise, any
authority.
(b) This subsection does not require the
listing of the principal residence of the public official or candidate.
(5) The name of each member of the
household of the person who is 18 years of age or older.
(6) The name of each relative of the
person who is 18 years of age or older and not a member of the household of the
person. [1974 c.72 §5; 1975 c.543 §4; 1987 c.566 §11; 1991 c.770 §7; 1993 c.743
§12; 2003 c.14 §116; 2007 c.877 §19]
244.070
Additional statement of economic interest. A public official or candidate for public office shall report the
following additional economic interest for the preceding calendar year only if
the source of that interest is derived from an individual or business that has
been doing business, does business or could reasonably be expected to do
business with, or has legislative or administrative interest in, the
governmental agency of which the public official holds, or the candidate if
elected would hold, any official position or over which the public official
exercises, or the candidate if elected would exercise, any authority:
(1) Each person to whom the public
official or candidate for public office or a member of the household of the
public official or candidate owes or has owed money in excess of $1,000, the
interest rate on money owed and the date of the loan, except for debts owed to
any federal or state regulated financial institution or retail contracts.
(2) The name, principal address and brief
description of the nature of each business in which the public official or
candidate for public office or a member of the household of the public official
or candidate has or has had a personal, beneficial interest or investment,
including stocks or other securities, in excess of $1,000, except for
individual items involved in a mutual fund or a blind trust, or a time or
demand deposit in a financial institution, shares in a credit union, or the
cash surrender value of life insurance.
(3) Each person for whom the public
official or candidate for public office has performed services for a fee in
excess of $1,000, except for any disclosure otherwise prohibited by law or by a
professional code of ethics. [1974 c.72 §6; 1975 c.543 §5; 1987 c.566 §12; 2007
c.877 §20]
244.080 [Subsection (1) enacted as 1974 c.72 §8;
subsection (2) enacted as 1975 c.543 §7(1); 1977 c.588 §4; 1987 c.566 §13;
repealed by 2007 c.865 §41]
244.090
Report on association with compensated lobbyist. (1) Each public official or candidate
required to file a statement of economic interest under this chapter shall
include on the statement the name of any compensated lobbyist who, during the
preceding calendar year, was associated with a business with which the public
official or candidate or a member of the household of the public official or
candidate was also associated.
(2) Subsection (1) of this section does
not apply if the only relationship between the public official or candidate and
the lobbyist is that the public official or candidate and lobbyist hold stock
in the same publicly traded corporation.
(3) As used in this section, “lobbyist”
has the meaning given that term in ORS 171.725. [1974 c.72 §7; 1975 c.543 §6;
1987 c.566 §14; 2007 c.865 §32]
244.100
Statements of expenses, honoraria or income received; statements to be provided
to public official. (1) A
public official or candidate for public office who is required to file a
statement of economic interest under ORS 244.050 shall file with the Oregon
Government Ethics Commission, according to the schedule set forth in ORS
244.105, a statement showing for the applicable reporting period:
(a) Any expenses with an aggregate value
exceeding $50 received by the public official when participating in a
convention, mission, trip or other meeting described in ORS 244.020 (5)(b)(F).
The statement shall include the name and address of the organization or unit of
government paying the expenses, the nature of the event and the date and amount
of the expenditure.
(b) Any expenses with an aggregate value
exceeding $50 received by the public official when participating in a mission
or negotiations or economic development activities described in ORS 244.020
(5)(b)(H). The statement shall include the name and address of the person
paying the expenses, the nature of the event and the date and amount of the
expenditure.
(c) All honoraria allowed under ORS
244.042 exceeding $15 received by the public official, candidate or member of
the household of the official or candidate, the payer of each honorarium and
the date and time of the event for which the honorarium was received.
(d) Each source of income exceeding an
aggregate amount of $1,000, whether or not taxable, received by the public
official or candidate for public office, or a member of the household of the
public official or candidate, if the source of that income is derived from an
individual or business that has been doing business, does business or could
reasonably be expected to do business with, or has legislative or
administrative interest in, the governmental agency of which the public
official holds, or the candidate if elected would hold, any official position
or over which the public official exercises, or the candidate if elected would
exercise, any authority.
(2) In addition to statements required
under subsection (1) of this section:
(a) Any organization or unit of government
that provides a public official with expenses with an aggregate value exceeding
$50 for an event described in ORS 244.020 (5)(b)(F) shall notify the public
official in writing of the amount of the expense. The organization or unit
shall provide the notice to the public official within 10 days from the date
the expenses are incurred.
(b) Any person that provides a public
official or a member of the household of a public official with an honorarium
or other item allowed under ORS 244.042 with a value exceeding $15 shall notify
the public official in writing of the value of the honorarium or other item.
The person shall provide the notice to the public official within 10 days after
the date of the event for which the honorarium or other item was received. [1975
c.543 §11; 1991 c.677 §1; 2007 c.865 §6; 2007 c.877 §21a]
244.105
Quarterly filing of statements.
Statements required to be filed with the Oregon Government Ethics Commission
under ORS 244.100 and 244.217 shall be filed in each calendar year:
(1) Not later than April 15, for the
accounting period beginning January 1 and ending March 31;
(2) Not later than July 15, for the
accounting period beginning April 1 and ending June 30;
(3) Not later than October 15, for the
accounting period beginning July 1 and ending September 30; and
(4) Not later than January 15 of the
following calendar year, for the accounting period beginning October 1 and
ending December 31. [2007 c.877 §23]
244.110
Statements subject to penalty for false swearing. (1) Each statement of economic interest
required to be filed under ORS 244.050, 244.060, 244.070, 244.090 or 244.100,
or by rule under ORS 244.290, and each trading statement required to be filed
under ORS 244.055 shall be signed and certified as true by the person required
to file it and shall contain a written declaration that the statement is made
under the penalties of false swearing.
(2) A person may not sign and certify a
statement under subsection (1) of this section if the person knows that the
statement contains information that is false.
(3) Violation of subsection (2) of this
section is punishable as false swearing under ORS 162.075. [1974 c.72 §22; 1977
c.588 §5; 2007 c.865 §7]
244.115
Filing required for member of Congress or candidate; filing date. (1) Each member of Congress from this state
and each candidate for nomination or election to the office of United States
Representative in Congress or United States Senator from this state shall file
with the Oregon Government Ethics Commission a copy of the federal ethics
filing required under federal law or by congressional rule.
(2) The member or candidate shall file the
information required under subsection (1) of this section not later than 30
days after the filing date required under federal law or congressional rule. If
the filing is not made in a timely manner, the commission shall obtain copies
of the filing and indicate on the filing that the filing was not made with the
commission by the member or candidate.
(3) All filings made under this section
are public records available for public inspection. [1991 c.160 §7; 2007 c.865 §33]
CONFLICTS OF
INTEREST
244.120
Methods of handling conflicts; Legislative Assembly; judges; appointed
officials; other elected officials or members of boards. (1) Except as provided in subsection (2) of
this section, when met with an actual or potential conflict of interest, a
public official shall:
(a) If the public official is a member of
the Legislative Assembly, announce publicly, pursuant to rules of the house of
which the public official is a member, the nature of the conflict before taking
any action thereon in the capacity of a public official.
(b) If the public official is a judge,
remove the judge from the case giving rise to the conflict or advise the
parties of the nature of the conflict.
(c) If the public official is any other
appointed official subject to this chapter, notify in writing the person who
appointed the public official to office of the nature of the conflict, and
request that the appointing authority dispose of the matter giving rise to the
conflict. Upon receipt of the request, the appointing authority shall designate
within a reasonable time an alternate to dispose of the matter, or shall direct
the official to dispose of the matter in a manner specified by the appointing
authority.
(2) An elected public official, other than
a member of the Legislative Assembly, or an appointed public official serving
on a board or commission, shall:
(a) When met with a potential conflict of
interest, announce publicly the nature of the potential conflict prior to
taking any action thereon in the capacity of a public official; or
(b) When met with an actual conflict of
interest, announce publicly the nature of the actual conflict and:
(A) Except as provided in subparagraph (B)
of this paragraph, refrain from participating as a public official in any
discussion or debate on the issue out of which the actual conflict arises or
from voting on the issue.
(B) If any public official’s vote is
necessary to meet a requirement of a minimum number of votes to take official
action, be eligible to vote, but not to participate as a public official in any
discussion or debate on the issue out of which the actual conflict arises.
(3) Nothing in subsection (1) or (2) of
this section requires any public official to announce a conflict of interest
more than once on the occasion which the matter out of which the conflict
arises is discussed or debated.
(4) Nothing in this section authorizes a
public official to vote if the official is otherwise prohibited from doing so. [1974
c.72 §10; 1975 c.543 §7; 1987 c.566 §15; 1993 c.743 §15]
244.130
Recording of notice of conflict; effect of failure to disclose conflict. (1) When a public official gives notice of
an actual or potential conflict of interest, the public body as defined in ORS
174.109 that the public official serves shall record the actual or potential
conflict in the official records of the public body. In addition, a notice of
the actual or potential conflict and how it was disposed of may in the
discretion of the public body be provided to the Oregon Government Ethics
Commission within a reasonable period of time.
(2) A decision or action of any public
official or any board or commission on which the public official serves or
agency by which the public official is employed may not be voided by any court
solely by reason of the failure of the public official to disclose an actual or
potential conflict of interest. [1974 c.72 §11; 1975 c.543 §8; 1993 c.743 §16;
2007 c.865 §9]
244.135
Method of handling conflicts by planning commission members. (1) A member of a city or county planning
commission shall not participate in any commission proceeding or action in
which any of the following has a direct or substantial financial interest:
(a) The member or the spouse, brother, sister,
child, parent, father-in-law, mother-in-law of the member;
(b) Any business in which the member is
then serving or has served within the previous two years; or
(c) Any business with which the member is
negotiating for or has an arrangement or understanding concerning prospective
partnership or employment.
(2) Any actual or potential interest shall
be disclosed at the meeting of the commission where the action is being taken. [Formerly
215.035 and 227.035]
APPLICATION
OF CHAPTER
244.160
Filing of statement of economic interest by public official of political
subdivision other than city or county. (1) Any political subdivision in this state, other than a city or
county, by resolution may require any public official of the subdivision to
file a verified statement of economic interest with the Oregon Government
Ethics Commission.
(2) The political subdivision shall file a
copy of the resolution with the commission. [1974 c.72 §9; 2007 c.865 §34]
244.162
Information provided to persons required to file statement of economic
interest. (1) A person
designated by a public body as defined in ORS 174.109 shall provide information
explaining the requirements of ORS 244.050, 244.060, 244.070 and 244.090 to
each newly elected or appointed public official serving the public body who is
required to file a verified statement of economic interest under ORS 244.050.
The information must be received by the public official either at the first
meeting attended by the public official or before the public official takes the
oath of office, whichever occurs first.
(2) At the time of fulfilling duties under
subsection (1) of this section, the person designated by the public body shall
provide to each newly elected or appointed public official serving the public
body a copy of the statements and explanation provided to the public body under
subsection (3) of this section.
(3) The Oregon Government Ethics
Commission shall provide copies of the statements described in ORS 244.060,
244.070 and 244.090 and an explanation of the requirements of the law relating
to the statements to each public body that is served by a public official who
is required to file a statement described in ORS 244.060, 244.070 or 244.090.
(4) A newly elected or appointed public
official serving a public body who is not informed of the filing requirements
under ORS 244.050, 244.060, 244.070 and 244.090 and provided with a copy of the
statements and explanation as required under this section before attending the
first meeting or taking the oath of office may resign that office within 90
days thereafter or before the next date specified in ORS 244.050 for the filing
of a statement, whichever is later, without filing a verified statement of
economic interest and without incurring a sanction or penalty that might
otherwise be imposed for not filing. [Formerly 244.195]
244.165
Rules or policies of state agency or association of public bodies; commission
approval; effect. (1) For
the purpose of protecting against violations of the provisions of this chapter,
a state agency, as defined in ORS 183.750, or a statewide association of public
bodies, as defined in ORS 174.109, may adopt rules or policies interpreting the
provisions of this chapter. The rules or policies must be consistent with the
provisions of this chapter. A state agency or a statewide association of public
bodies may submit rules or policies adopted under this subsection to the Oregon
Government Ethics Commission for review.
(2) Upon receiving rules or policies
submitted under subsection (1) of this section, the commission shall review the
rules and policies to determine whether the rules and policies are consistent
with the provisions of this chapter. The commission, by a vote of a majority of
the members of the commission, shall approve or reject the rules or policies.
The commission shall notify the state agency or statewide association of public
bodies in writing of the commission’s approval or rejection. A written notice
of rejection shall explain the reasons for the rejection.
(3) Unless the applicable rule or policy
is amended or repealed by the state agency or the statewide association of
public bodies, the commission may not impose a penalty under ORS 244.350 or
244.360 on a public official for any good faith action the official takes in compliance
with a rule or policy that was adopted by the state agency that the official
serves, or by a statewide association of which the public body that the
official serves is a member, and approved by the commission under subsection
(2) of this section. [2007 c.865 §5; 2007 c.877 §39b]
244.170 [1975 c.216 §1a; repealed by 2003 c.14 §117]
NEPOTISM
244.175
Definitions for ORS 244.177 and 244.179. As used in ORS 244.177 and 244.179:
(1) “Governing body” has the meaning given
that term in ORS 192.610.
(2) “Member of the household” means any
person who resides with the public official.
(3) “Public body” has the meaning given
that term in ORS 174.109.
(4) “Relative” means the spouse or
domestic partner of the public official, any children of the public official or
of the public official’s spouse or domestic partner, and brothers, sisters,
half brothers, half sisters, brothers-in-law, sisters-in-law, sons-in-law,
daughters-in-law, mothers-in-law, fathers-in-law, aunts, uncles, nieces,
nephews, stepparents, stepchildren or parents of the public official or of the
public official’s spouse or domestic partner. [2007 c.865 §26b]
244.177
Employment of relative or member of household; exceptions. (1) Except as provided in subsections (2) to
(4) of this section:
(a) A public official may not appoint,
employ or promote a relative or member of the household to, or discharge, fire
or demote a relative or member of the household from, a position with the
public body that the public official serves or over which the public official
exercises jurisdiction or control, unless the public official complies with the
conflict of interest requirements of this chapter.
(b) A public official may not participate
as a public official in any interview, discussion or debate regarding the
appointment, employment or promotion of a relative or member of the household
to, or the discharge, firing or demotion of a relative or member of the
household from, a position with the public body that the public official serves
or over which the public official exercises jurisdiction or control. As used in
this paragraph, “participate” does not include serving as a reference,
providing a recommendation or performing other ministerial acts that are part
of the normal job functions of the public official.
(2) A member of the Legislative Assembly
may appoint, employ, promote, discharge, fire or demote, or advocate for the
appointment, employment, promotion, discharge, firing or demotion of, a
relative or member of the household to or from a position on the personal
legislative staff of the member of the Legislative Assembly.
(3)(a) A public official may appoint,
employ, promote, discharge, fire or demote, or advocate for the appointment,
employment, promotion, discharge, firing or demotion of, a relative or member
of the household to or from a position as an unpaid volunteer with the public
body that the public official serves or over which the public official
exercises jurisdiction or control.
(b) Paragraph (a) of this subsection does
not apply to the appointment, employment, promotion, discharge, firing or
demotion of a relative or member of the household to a position as an unpaid
member of a governing body of the public body that the public official serves
or over which the public official exercises jurisdiction or control.
(c) A relative or member of the household
described in paragraph (a) of this subsection may receive reimbursement of
expenses provided in the ordinary course of business to similarly situated
unpaid volunteers.
(4) This section does not prohibit a
public body from appointing, employing, promoting, discharging, firing or
demoting a person who is a relative or member of the household of a public
official serving the public body. [2007 c.865 §26c]
244.179
Supervision of relative or member of household; exceptions. (1) Notwithstanding ORS 659A.309 and except
as provided in subsections (2) to (4) of this section, a public official acting
in an official capacity may not directly supervise a person who is a relative
or member of the household.
(2) A member of the Legislative Assembly
may directly supervise a person who:
(a) Is a relative or member of the
household; and
(b) Serves as a public official in a
position on the personal legislative staff of the member of the Legislative
Assembly.
(3)(a) A public official acting in an
official capacity may directly supervise a person who is a relative or member
of the household if the person serves as an unpaid volunteer.
(b) Paragraph (a) of this subsection does
not apply to service by a person in a position as an unpaid member of a
governing body that a public official of whom the person is a relative or
member of the household serves or over which the public official exercises
jurisdiction or control.
(c) A relative or member of the household
serving as an unpaid volunteer described in paragraph (a) of this subsection
may receive reimbursement of expenses provided in the ordinary course of
business to similarly situated unpaid volunteers.
(4) A public body may adopt policies
specifying when a public official acting in an official capacity may directly
supervise a person who is a relative or member of the household. [2007 c.865 §26d]
244.180 [1975 c.216 §2; 1987 c.566 §16; 2005 c.22 §186;
repealed by 2007 c.865 §41]
244.190 [1975 c.216 §3; 1987 c.566 §17; 2005 c.22 §187;
repealed by 2007 c.865 §41]
244.195 [1979 c.332 §2; 2007 c.865 §10; renumbered
244.162 in 2007]
244.200 [1975 c.216 §5; repealed by 1983 c.350 §62
(244.201 enacted in lieu of 244.200 and 244.210)]
244.201 [1983 c.350 §63 (enacted in lieu of 244.200
and 244.210); 1995 c.712 §95; repealed by 2007 c.865 §41]
LEGAL EXPENSE
TRUST FUND
244.205
Legal expense trust fund; establishment; eligible legal expenses. (1) Subject to the authorization of the
Oregon Government Ethics Commission as described in ORS 244.209, a public
official may establish a legal expense trust fund if the public official incurs
or reasonably expects to incur legal expenses described in subsection (2) of
this section.
(2) Proceeds from the trust fund may be
used by the public official to defray legal expenses incurred by the public
official in any civil, criminal or other legal proceeding or investigation that
relates to or arises from the course and scope of duties of the person as a
public official. The legal expenses must be incurred in connection with:
(a) The issuance of a court’s stalking
protective order under ORS 30.866 or 163.738;
(b) The issuance of a citation under ORS
163.735;
(c) A criminal prosecution under ORS
163.732;
(d) A civil action under ORS 30.866; or
(e) Defending the public official in a
proceeding or investigation brought or maintained by a public body as defined
in ORS 174.109.
(3) Except as provided in subsection (2)
of this section, a public official may not use proceeds from the trust fund for
any personal use.
(4) A public official may not establish or
maintain more than one legal expense trust fund at any one time.
(5) A public official who establishes a
legal expense trust fund may not solicit, receive or handle any contributions
to the fund.
(6) The provisions of ORS chapter 130 do
not apply to a trust fund established under ORS 244.205 to 244.221. [2007 c.877
§29]
244.207
Use of fund proceeds. (1)
The proceeds of a legal expense trust fund may be used to:
(a) Defray legal expenses described in ORS
244.205;
(b) Defray costs reasonably incurred in
administering the trust fund, including but not limited to costs incident to
the solicitation of funds; and
(c) Discharge any tax liabilities incurred
as a result of the creation, operation or administration of the trust fund.
(2) The proceeds of a trust fund may also
be used to defray or discharge expenses, costs or liabilities incurred before
the fund was established if the expenses, costs or liabilities are related to
the legal proceeding for which the fund was established. [2007 c.877 §30]
244.209
Application to establish fund; commission review and authorization. (1) A public official may apply to establish
a legal expense trust fund by filing an application with the Oregon Government
Ethics Commission. The application must contain:
(a) A copy of an executed trust agreement
described in subsection (2) of this section;
(b) A sworn affidavit described in
subsection (3) of this section signed by the public official; and
(c) A sworn affidavit described in
subsection (4) of this section signed by the trustee.
(2) The trust agreement must contain the
following:
(a) A provision incorporating by reference
the provisions of ORS 244.205 to 244.221; and
(b) A designation of a trustee who meets
the requirements of ORS 244.211.
(3) The affidavit of the public official
must state:
(a) The nature of the legal proceeding
that requires establishment of the trust fund;
(b) That the public official will comply
with the provisions of ORS 244.205 to 244.221; and
(c) That the public official is
responsible for the proper administration of the trust fund, even though a
trustee of the fund has been designated.
(4) The affidavit of the trustee must
state that the trustee:
(a) Has read and understands ORS 244.205
to 244.221; and
(b) Consents to administer the trust fund
in compliance with ORS 244.205 to 244.221.
(5) Upon receiving an application under
this section, the commission shall review the trust agreement, the affidavits
and any supporting documents or instruments filed to determine whether the
application meets the requirements of ORS 244.205 to 244.221. If the commission
determines that the application meets the requirements of ORS 244.205 to
244.221, the commission shall grant written authorization to the public
official to establish the trust fund.
(6) The commission shall review the
quarterly statements required under ORS 244.217 and shall monitor the
activities of each trust fund to ensure continued compliance with ORS 244.205
to 244.221.
(7) Unless subject to the attorney-client
privilege, all documents required to be filed relating to the creation and
administration of a trust fund are public records subject to disclosure as
provided in ORS 192.410 to 192.505.
(8) A public official may not establish a
legal expense trust fund without receiving prior written authorization of the
commission as described in this section.
(9) A public official may file an
amendment to a trust agreement approved as part of a trust fund under this
section. The commission shall approve the amendment if the commission
determines the amendment meets the requirements of ORS 244.205 to 244.221. [2007
c.877 §31]
244.210 [1975 c.216 §4; repealed by 1983 c.350 §62
(244.201 enacted in lieu of 244.200 and 244.210)]
244.211
Duties of trustee; persons ineligible to be trustee. (1) The trustee of a legal expense trust
fund is responsible for:
(a) The receipt and deposit of
contributions to the trust fund;
(b) The authorization of expenditures and
disbursements from the trust fund;
(c) The filing of quarterly statements
required under ORS 244.217; and
(d) The performance of other tasks
incident to the administration of the trust fund.
(2) The trustee may not:
(a) Be a public official who serves the
same public body as the public official who establishes the trust fund;
(b) Be a relative of the public official
who establishes the trust fund;
(c) Be an attorney for the public official
in the legal proceeding for which the trust fund is established, or a member,
partner, associate or employee of the firm employing the attorney; or
(d) Have a business or employment
relationship with the public official who establishes the trust fund. [2007
c.877 §32]
244.213
Contributions to fund. (1)
Except as provided in subsection (3) of this section, any person may contribute
to a legal expense trust fund established under ORS 244.205 to 244.221.
(2) A person may make contributions of
moneys to a legal expense trust fund in unlimited amounts. Pro bono legal
assistance and other in-kind assistance may also be provided without limit and
is considered a contribution subject to the reporting requirements of ORS
244.217.
(3) A political committee as defined in
ORS 260.005 that is a principal campaign committee may not contribute to a
legal expense trust fund. [2007 c.877 §33]
244.215
Fund account. (1) A trustee
of a legal expense trust fund shall establish a single exclusive account in a
financial institution, as defined in ORS 706.008. The financial institution
must be located in this state and must ordinarily conduct business with the
general public in this state.
(2) The trustee shall maintain the account
in the name of the trust fund.
(3) All expenditures made by the trustee
shall be drawn from the account and:
(a) Issued on a check signed by the
trustee; or
(b) Paid using a debit card or other form
of electronic transaction.
(4) A contribution received by a trustee
shall be deposited into the account not later than seven calendar days after
the date the contribution is received. This subsection does not apply to
in-kind contributions received.
(5) This section does not prohibit the
transfer of any amount deposited in the account into a certificate of deposit,
stock fund or other investment instrument.
(6) The account may not include any public
or private moneys or any moneys of any other person, other than contributions
received by the trustee.
(7) A trustee shall retain a copy of each
financial institution account statement from the account described in this
section for not less than two years after the date the statement is issued by
the financial institution. [2007 c.877 §34]
244.217
Statement of contributions received and expenditures made. (1) The trustee of a legal expense trust
fund shall, according to the schedule described in subsection (3) of this
section, file with the Oregon Government Ethics Commission a statement for the
applicable reporting period showing contributions received by the trustee and
expenditures made from the trust fund account established under ORS 244.215.
(2) Each statement shall list:
(a) The name and address of each person
who contributed an aggregate amount of more than $75, and the total amount
contributed by that person;
(b) The total amount of contributions not
listed under paragraph (a) of this subsection as a single item, but shall
specify how those contributions were obtained;
(c) The amount and purpose of each
expenditure and the name and address of each payee; and
(d) The name and address of any person
contributing pro bono legal assistance and the fair market value of the
assistance provided by the person.
(3) Statements required to be filed with
the commission under this section shall be filed according to the schedule
described in ORS 244.105.
(4) If no contributions are received and
no expenditures made during the reporting period, the trustee shall file a
statement indicating that no contributions were deposited and no expenditures
were made.
(5) The trustee may amend a statement
filed under this section without penalty if the amendment is filed with the
commission not later than 30 days after the deadline for filing the statement. [2007
c.877 §35]
244.219
Termination of fund. (1) A
legal expense trust fund established under ORS 244.205 to 244.221 may be
terminated by:
(a) The public official who established
the trust fund;
(b) Subject to subsection (2) of this
section, the terms of the trust agreement; or
(c) The Oregon Government Ethics
Commission following a determination by the commission that a violation of any
provision of this chapter has occurred in connection with the trust fund.
(2) A trust agreement may provide that a
legal expense trust fund is terminated not later than six months following the
completion of the legal proceeding for which the fund was established. Upon
application of the public official who established the trust fund, the
commission may extend the existence of the trust fund to a specified date if
the commission determines that the public official has incurred legal expenses
that exceed the balance remaining in the fund. If the commission extends the
existence of the trust fund, the trust fund terminates on the date the
extension expires.
(3) Following termination of a legal
expense trust fund, the trustee may not accept contributions to or make
expenditures from the fund.
(4) Not later than 30 days after a trust
fund is terminated, the trustee of the fund shall file with the commission a
final report listing the totals of all contributions made to the fund and all
expenditures made from the fund. [2007 c.877 §36]
244.221
Disposition of moneys in terminated fund; distribution of award of attorney
fees, costs or money judgment.
(1) Not later than 30 days after a legal expense trust fund is terminated, the
trustee of the fund shall return any moneys remaining in the fund to
contributors to the fund on a pro rata basis.
(2) If the legal proceeding for which the
trust fund was established results in an award of attorney fees, costs or any
other money judgment award to or in favor of the public official, amounts
awarded shall be distributed in the following order:
(a) To pay outstanding legal expenses;
(b) To contributors to the trust fund on a
pro rata basis; and
(c) To the public official or, if required
by the trust agreement, to an organization exempt from taxation under section
501(c)(3) of the Internal Revenue Code. [2007 c.877 §37]
COMMISSION
244.250
(a) The Governor shall appoint four
members from among persons recommended, one each by the leadership of the
Democratic and Republican parties in each house of the Legislative Assembly. If
a person recommended by the leadership of the Democratic or Republican party is
not approved by the Governor, the leadership shall recommend another person.
(b) The Governor shall appoint three
members without leadership recommendation. No more than two members appointed
under this paragraph may be members of the same major political party.
(2) A person who holds any public office
listed in ORS 244.050 (1) except as a member of the commission may not be
appointed to the commission. No more than four members may be members of the
same political party.
(3) The term of office of a member is four
years. A member is not eligible to be appointed to more than one full term but
may serve out an unexpired term. Vacancies shall be filled by the appointing
authority for the unexpired term.
(4) The commission shall elect a
chairperson and vice chairperson for such terms and duties as the commission
may require.
(5) A quorum consists of four members but
a final decision may not be made without an affirmative vote of a majority of
the members appointed to the commission.
(6) Members shall be entitled to
compensation and expenses as provided in ORS 292.495.
(7) The commission may retain or appoint
qualified legal counsel who must be a member of the Oregon State Bar and who is
responsible to the commission. The appointment of legal counsel under this
subsection may be made only when the commission finds it is inappropriate and
contrary to the public interest for the office of the Attorney General to
represent concurrently more than one public official or agency in any matter before
the commission because the representation:
(a) Would create or tend to create a
conflict of interest; and
(b) Is not subject to ORS 180.230 or
180.235.
(8) The Attorney General may not represent
before the commission any state public official who is the subject of any
complaint or action of the commission at the commission’s own instigation. [1974
c.72 §12; 1977 c.588 §6; 1987 c.566 §18; 1991 c.770 §3; 1993 c.743 §17; 2007
c.865 §1]
244.255
Commission funding. (1) The
Oregon Government Ethics Commission shall estimate in advance the expenses that
it will incur during a biennium in carrying out the provisions of ORS 171.725
to 171.785 and 171.992 and this chapter. The commission shall also determine
what percentage of the expenses should be borne by the following two groups of
public bodies:
(a) Public bodies in state government; and
(b) Local governments, local service
districts and special government bodies that are subject to the Municipal Audit
Law.
(2) The commission shall charge each
public body for the public body’s share of the expenses described in subsection
(1) of this section for the biennium. The amount to be charged each public body
shall be determined as follows:
(a) The commission shall determine the
rate to be charged public bodies in state government. The same rate shall be
applied to each public body described in this paragraph. To determine the
amount of the charge for each public body, the commission shall multiply the
rate determined under this paragraph by the number of public officials serving
the public body.
(b) The commission shall set the charge
for local governments, local service districts and special government bodies
that are subject to the Municipal Audit Law so that each local government,
local service district or special government body described in this paragraph
pays an amount of the total expenses for the group that bears the same
proportion to the total expenses that the amount charged to the local
government, local service district or special government body for the municipal
audit fee under ORS 297.485 bears to the total amount assessed for the
municipal audit fee.
(3) Each public body shall pay to the
credit of the commission the charge described in this section as an
administrative expense from funds or appropriations available to the public
body in the same manner as other claims against the public body are paid.
(4) All moneys received by the commission
under this section shall be credited to the Oregon Government Ethics Commission
Account established under ORS 244.345.
(5) The commission shall adopt rules
specifying the methods for calculating and collecting the rates and charges
described in this section.
(6) As used in this section:
(a) “Local government” and “local service
district” have the meanings given those terms in ORS 174.116.
(b) “Public body” has the meaning given
that term in ORS 174.109.
(c) “Public official,” notwithstanding ORS
244.020 (13), means any person who, on the date the commission charges the
public body under this section, is serving the public body as an officer or
employee.
(d) “Special government body” has the
meaning given that term in ORS 174.117.
(e) “State government” has the meaning
given that term in ORS 174.111. [2007 c.877 §2]
Note: Section 3, chapter 877, Oregon Laws 2007,
provides:
Sec.
3. The Oregon Government
Ethics Commission shall first impose charges under section 2 of this 2007 Act
[244.255] for the biennium beginning July 1, 2009. [2007 c.877 §3]
244.260
Complaint and adjudicatory process; confidential Preliminary Review Phase;
Investigatory Phase; possible actions by order; report of findings; contested
case procedure; limitation on commission action. (1)(a) Any person may file with the Oregon
Government Ethics Commission a signed written complaint alleging that there has
been a violation of any provision of this chapter or of any rule adopted by the
commission under this chapter. The complaint shall state the person’s reason
for believing that a violation occurred and include any evidence relating to
the alleged violation.
(b) If at any time the commission has
reason to believe that there has been a violation of a provision of this
chapter or of a rule adopted by the commission under this chapter, the
commission may proceed under this section on its own motion as if the
commission had received a complaint.
(2)(a) Not later than two business days
after receiving a complaint under this section, the commission shall notify the
person who is the subject of the complaint.
(b) Before approving a motion to proceed
under this section without a complaint, the commission shall provide notice to
the person believed to have committed the violation of the time and place of
the meeting at which the motion will be discussed. If the commission decides to
proceed on its own motion, the commission shall give notice to the person not
later than two business days after the motion is approved.
(c) The commission shall give notice of
the complaint or motion under paragraph (a) or (b) of this subsection by mail
and by telephone if the person can be reached by telephone. The notice must
describe the nature of the alleged violation. The mailed notice must include
copies of all materials submitted with a complaint. If the commission will
consider a motion to proceed without a complaint, the notice must provide
copies of all materials that the commission will consider at the hearing on the
motion.
(3) After receiving a complaint or
deciding to proceed on its own motion, the commission shall undertake action in
the Preliminary Review Phase to determine whether there is cause to undertake
an investigation. If the person who is the subject of the action is a member of
the Legislative Assembly, the commission shall determine whether the alleged
violation involves conduct protected by section 9, Article IV of the Oregon
Constitution.
(4)(a) The Preliminary Review Phase begins
on the date the complaint is filed or the date the commission decides to
proceed on its own motion and ends on the date the commission determines there
is cause to undertake an investigation, dismisses the complaint or rescinds its
own motion. The Preliminary Review Phase may not exceed 135 days unless:
(A) A delay is stipulated to by both the
person who is the subject of action under this section and the commission with
the commission reserving a portion of the delay period to complete its actions;
or
(B) A complaint is filed under this
section with respect to a person who is a candidate for elective public office,
the complaint is filed within 61 days before the date of an election at which
the person is a candidate for nomination or election and a delay is requested
in writing by the candidate. If the candidate makes a request under this
subparagraph, the Preliminary Review Phase must be completed not later than 135
days after the date of the first meeting of the commission that is held after
the date of the election.
(b) During the Preliminary Review Phase,
the commission may seek, solicit or otherwise obtain any books, papers,
records, memoranda or other additional information, administer oaths and take
depositions necessary to determine whether there is cause to undertake an
investigation or whether the alleged violation involves conduct protected by
section 9, Article IV of the Oregon Constitution.
(c) The Preliminary Review Phase is
confidential. Commission members and staff may acknowledge receipt of a
complaint but may not make any public comment or publicly disclose any
materials relating to a case during the Preliminary Review Phase. A person who
intentionally violates this paragraph is subject to a civil penalty in an
amount not to exceed $1,000. Any person aggrieved as a result of a violation of
this paragraph by a member of the commission or its staff may file a petition
in a court of competent jurisdiction in the county in which the petitioner
resides in order to enforce the civil penalty provided in this paragraph.
(d) At the conclusion of the Preliminary
Review Phase, the commission shall conduct its deliberations in executive
session. All case related materials and proceedings shall be open to the public
after the commission makes a finding of cause to undertake an investigation,
dismisses a complaint or rescinds a motion. Prior to the end of the Preliminary
Review Phase, the executive director of the commission shall prepare a
statement of the facts determined during the phase, including appropriate legal
citations and relevant authorities. Before presentation to the commission, the
executive director’s statement shall be reviewed by legal counsel to the
commission.
(e) The time limit imposed in this
subsection and the commission’s inquiry are suspended if:
(A) There is a pending criminal
investigation that relates to the issues arising out of the underlying facts or
conduct at issue in the matter before the commission unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission
from continuing its inquiry.
(5)(a) If the commission determines that
there is not cause to undertake an investigation or that the alleged violation
of this chapter involves conduct protected by section 9, Article IV of the
Oregon Constitution, the commission shall dismiss the complaint or rescind its
motion and formally enter the dismissal or rescission in its records. The
commission shall notify the person who is the subject of action under this
section of the dismissal or rescission. After dismissal or rescission, the
commission may not take further action involving the person unless a new and
different complaint is filed or action on the commission’s own motion is
undertaken based on different conduct.
(b) If the commission makes a finding of
cause to undertake an investigation, the commission shall undertake action in
the Investigatory Phase. The commission shall notify the person who is the subject
of the investigation, identify the issues to be examined and confine the
investigation to those issues. If the commission finds reason to expand the
investigation, the commission shall move to do so, record in its minutes the
issues to be examined before expanding the scope of its investigation and
formally notify the complainant, if any, and the person who is the subject of
the investigation of the expansion and the scope of the investigation.
(6)(a) The Investigatory Phase begins on
the date the commission makes a finding of cause to undertake an investigation
and ends on the date the commission dismisses the complaint, rescinds its own
motion, issues a settlement order, moves to commence a contested case
proceeding or takes other action justified by the findings. The Investigatory
Phase may not exceed 180 days unless a delay is stipulated to by both the
person who is the subject of action under this section and the commission with
the commission reserving a portion of the delay period to complete its actions.
(b) During the Investigatory Phase, the
commission may seek any additional information, administer oaths, take
depositions and issue subpoenas to compel attendance of witnesses and the
production of books, papers, records, memoranda or other information necessary
to complete the investigation. If any person fails to comply with any subpoena
issued under this paragraph or refuses to testify on any matters on which the
person may be lawfully interrogated, the commission shall follow the procedure described
in ORS 183.440 to compel compliance.
(c) The time limit imposed in this
subsection and the commission’s investigation are suspended if:
(A) There is a pending criminal
investigation that relates to the issues arising out of the underlying facts or
conduct at issue in the matter before the commission unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission
from continuing its investigation.
(d) At the end of the Investigatory Phase,
the commission shall take action by order. The action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation for
a period not to exceed 30 days for the purpose of additional fact-finding;
(C) Moving to a contested case proceeding;
(D) Entering into a negotiated settlement;
or
(E) Taking other appropriate action if
justified by the findings.
(e) The commission may move to a contested
case proceeding if the commission determines that the information presented to
the commission is sufficient to make a preliminary finding of a violation of
any provision of this chapter or of any rule adopted by the commission under
this chapter.
(7) A person conducting any inquiry or
investigation under this section shall:
(a) Conduct the inquiry or investigation
in an impartial and objective manner; and
(b) Provide to the commission all
favorable and unfavorable information the person collects.
(8) The commission shall report the
findings of any inquiry or investigation in an impartial manner. The commission
shall report both favorable and unfavorable findings and shall make the
findings available to:
(a) The person who is the subject of the
inquiry or investigation;
(b) The appointing authority, if any;
(c) The Attorney General, if the findings
relate to a state public official;
(d) The appropriate district attorney, if
the findings relate to a local public official; and
(e) The Commission on Judicial Fitness and
Disability, if the findings relate to a judge.
(9) Hearings conducted under this chapter
must be held before an administrative law judge assigned from the Office of
Administrative Hearings established under ORS 183.605. The procedure shall be
that for a contested case under ORS chapter 183.
(10) The Oregon Government Ethics
Commission may not inquire into or investigate any conduct that occurred more
than four years before a complaint is filed or a motion is approved under
subsection (1) of this section.
(11) This section does not prevent the
commission and the person alleged to have violated any provision of this
chapter or any rule adopted by the commission under this chapter from
stipulating to a finding of fact concerning the violation and consenting to an
appropriate penalty. The commission shall enter an order based on the
stipulation and consent.
(12) At any time during proceedings
conducted under this section, the commission may enter into a negotiated
settlement with the person who is the subject of action under this section.
(13) As used in this section:
(a) “Cause” means that there is a substantial,
objective basis for believing that an offense or violation may have been
committed and the person who is the subject of an inquiry may have committed
the offense or violation.
(b) “Pending” means that a prosecuting
attorney is either actively investigating the factual basis of the alleged
criminal conduct, is preparing to seek or is seeking an accusatory instrument,
has obtained an accusatory instrument and is proceeding to trial or is in trial
or in the process of negotiating a plea. [1974 c.72 §13; 1989 c.807 §1; 1991
c.272 §1; 1991 c.770 §1a; 1993 c.743 §18; 1999 c.849 §§51,52; 1999 c.850 §1;
2003 c.75 §30; 2007 c.865 §23]
244.270
Findings as grounds for removal; notice to public bodies. (1) If the Oregon Government Ethics
Commission finds that an appointed public official has violated any provision
of this chapter or any rule adopted under this chapter, the finding is prima
facie evidence of unfitness where removal is authorized for cause either by law
or pursuant to section 6, Article VII (Amended) of the Oregon Constitution.
(2) If the commission finds that a public
official has violated any provision of this chapter or any rule adopted under
this chapter, the commission shall notify the public body, as defined in ORS
174.109, that the public official serves. The notice shall describe the
violation and any action taken by the commission. The commission shall provide
the notice not later than 10 business days after the date the commission takes
final action against the public official. [1974 c.72 §14; 1977 c.588 §7; 2007
c.865 §11]
244.280
Commission advisory opinions; effect of reliance on opinion. (1) Upon the written request of any person,
or upon its own motion, the Oregon Government Ethics Commission, under
signature of the chairperson, may issue and publish written commission advisory
opinions on the application of any provision of this chapter to any proposed
transaction or action or any actual or hypothetical circumstance. A commission
advisory opinion, and a decision by the commission to issue an advisory opinion
on its own motion, must be approved by a majority of the members of the
commission. Legal counsel to the commission shall review a proposed commission
advisory opinion before the opinion is considered by the commission.
(2) Not later than 60 days after the date
the commission receives the written request for a commission advisory opinion,
the commission shall issue either the opinion or a written denial of the
request. The written denial shall explain the reasons for the denial. The
commission may ask the person requesting the advisory opinion to supply
additional information the commission considers necessary to render the
opinion. The commission, by vote of a majority of the members of the
commission, may extend the 60-day deadline by one period not to exceed 60 days.
(3) Except as provided in this subsection,
unless the commission advisory opinion is revised or revoked, the commission
may not impose a penalty under ORS 244.350 or 244.360 on a person for any good
faith action the person takes in reliance on an advisory opinion issued under
this section. The commission may impose a penalty under ORS 244.350 or 244.360
on the person who requested the advisory opinion if the commission determines
that the person omitted or misstated material facts in making the request. [1974
c.72 §15; 1975 c.543 §9; 1977 c.588 §8; 1987 c.566 §19; 1991 c.272 §2; 1993
c.743 §13; 2007 c.865 §12; 2007 c.877 §25a]
244.282
Executive director advisory opinions; effect of reliance on opinion. (1) Upon the written request of any person,
the executive director of the Oregon Government Ethics Commission may issue and
publish written staff advisory opinions on the application of any provision of
this chapter to any proposed transaction or action or any actual or
hypothetical circumstance.
(2) Not later than 30 days after the date
the executive director receives the written request for a staff advisory
opinion, the executive director shall issue either the opinion or a written
denial of the request. The written denial shall explain the reasons for the
denial. The executive director may ask the person requesting the advisory
opinion to supply additional information the executive director considers
necessary to render the opinion. The executive director may extend the 30-day
deadline by one period not to exceed 30 days. The executive director shall
clearly designate an opinion issued under this section as a staff advisory
opinion.
(3) Except as provided in this subsection,
unless the staff advisory opinion is revised or revoked, before imposing any
penalty under ORS 244.350 or 244.360, the commission shall consider whether the
action that may be subject to penalty was taken in reliance on a staff advisory
opinion issued under this section. If a penalty may be imposed on the person
who requested the opinion, the commission is not required to consider reliance
on the opinion if the commission determines that the person omitted or
misstated material facts in making the request.
(4) At each regular meeting of the commission,
the executive director shall report to the commission on all staff advisory
opinions issued since the last regular meeting of the commission. The
commission on its own motion may issue a commission advisory opinion under ORS
244.280 on the same facts or circumstances that form the basis for any staff
advisory opinion. [2007 c.865 §14; 2007 c.877 §39c]
244.284
Staff advisory opinions; effect of reliance on opinion. (1) Upon the written or oral request of any
person, the executive director or other staff of the Oregon Government Ethics
Commission may issue written or oral staff advice on the application of any
provision of this chapter to any proposed transaction or action or any actual
or hypothetical circumstance. Any written advice not designated as a staff
advisory opinion under ORS 244.282 is considered staff advice issued under this
section.
(2) Before imposing any penalty under ORS
244.350 or 244.360, the commission may consider whether the action that may be
subject to penalty was taken in reliance on staff advice issued under this
section. [2007 c.865 §15; 2007 c.877 §39d]
244.290
General duties of commission; rules. (1) The Oregon Government Ethics Commission shall:
(a) Prescribe forms for statements
required by this chapter and provide the forms to persons required to file the
statements under this chapter or pursuant to a resolution adopted under ORS
244.160.
(b) Develop a filing, coding and
cross-indexing system consistent with the purposes of this chapter.
(c) Prepare and publish reports the
commission finds are necessary.
(d) Make advisory opinions issued by the
commission or the executive director of the commission available to the public
at no charge on the Internet.
(e) Accept and file any information
voluntarily supplied that exceeds the requirements of this chapter.
(f) Make statements and other information
filed with the commission available for public inspection and copying during
regular office hours, and make copying facilities available at a charge not to
exceed actual cost.
(g) Not later than February 1 of each
odd-numbered year, report to the Legislative Assembly any recommended changes
to provisions of ORS 171.725 to 171.785 or this chapter.
(2) The commission shall adopt rules
necessary to carry out its duties under ORS 171.725 to 171.785 and 171.992 and
this chapter, including rules to:
(a) Create a procedure under which items
before the commission may be treated under a consent calendar and voted on as a
single item;
(b) Exempt a public official who is
otherwise required to file a statement pursuant to ORS 244.050 from filing the
statement if the regularity, number and frequency of the meetings and actions
of the body over which the public official has jurisdiction are so few or
infrequent as not to warrant the public disclosure;
(c) Establish an administrative process
whereby a person subpoenaed by the commission may obtain a protective order;
(d) List criteria and establish a process
for the commission to use prosecutorial discretion to decide whether to proceed
with an inquiry or investigation;
(e) Establish a procedure under which the
commission shall conduct accuracy audits of a sample of reports or statements
filed with the commission under this chapter or ORS 171.725 to 171.785;
(f) Describe the application of provisions
exempting items from the definition of “gift” in ORS 244.020 (5)(b) and the
application of the prohibition on entertainment contained in ORS 244.025;
(g) Specify when a continuing violation is
considered a single violation or a separate and distinct violation for each day
the violation occurs; and
(h) Set criteria for determining the
amount of civil penalties that the commission may impose.
(3) The commission may adopt rules that:
(a) Limit the minimum size of, or
otherwise establish criteria for or identify, the smaller classes that qualify
under the class exception from the definition of “potential conflict of
interest” under ORS 244.020;
(b) Require the disclosure and reporting
of gifts or other compensation made to or received by a public official or
candidate for public office;
(c) Establish criteria for cases in which
information relating to notices of actual or potential conflicts of interest
shall, may not or may be provided to the commission under ORS 244.130; or
(d) Allow the commission to accept the
filing of a statement containing less than all of the information required
under ORS 244.060 and 244.070 if the public official or candidate for public
office certifies on the statement that the information contained on the statement
previously filed is unchanged or certifies only as to any changed material.
(4) Not less frequently than once each
calendar year, the commission shall:
(a) Consider adoption of rules the
commission deems necessary to implement or interpret provisions of this chapter
relating to issues the commission determines are of general interest to public
officials or candidates for public office or that are addressed by the
commission or by commission staff on a recurring basis; and
(b) Review rules previously adopted by the
commission to determine whether the rules have continuing applicability or
whether the rules should be amended or repealed.
(5) The commission shall adopt by rule an
electronic filing system under which statements required to be filed under ORS
244.050, 244.100 and 244.217 may be filed, without a fee, with the commission
in an electronic format. The commission shall accept statements filed under ORS
244.050, 244.100 and 244.217 in a format that is not electronic.
(6) The commission shall make statements
filed under ORS 244.050, 244.100 and 244.217, including statements that are not
filed in an electronic format, available in a searchable format for review by
the public using the Internet. [1974 c.72 §17; 1987 c.566 §20; 1993 c.743 §23;
2007 c.865 §3; 2007 c.877 §9c]
Note: The amendments to 244.290 by section 9d,
chapter 877, Oregon Laws 2007, become operative January 1, 2010. See section
9e, chapter 877, Oregon Laws 2007. The text that is operative on and after
January 1, 2010, is set forth for the user’s convenience.
244.290. (1) The
(a) Prescribe forms for statements
required by this chapter and provide the forms to persons required to file the
statements under this chapter or pursuant to a resolution adopted under ORS
244.160.
(b) Develop a filing, coding and
cross-indexing system consistent with the purposes of this chapter.
(c) Prepare and publish reports the
commission finds are necessary.
(d) Make advisory opinions issued by the
commission or the executive director of the commission available to the public
at no charge on the Internet.
(e) Accept and file any information
voluntarily supplied that exceeds the requirements of this chapter.
(f) Make statements and other information
filed with the commission available for public inspection and copying during
regular office hours, and make copying facilities available at a charge not to
exceed actual cost.
(g) Not later than February 1 of each
odd-numbered year, report to the Legislative Assembly any recommended changes
to provisions of ORS 171.725 to 171.785 or this chapter.
(2) The commission shall adopt rules
necessary to carry out its duties under ORS 171.725 to 171.785 and 171.992 and
this chapter, including rules to:
(a) Create a procedure under which items
before the commission may be treated under a consent calendar and voted on as a
single item;
(b) Exempt a public official who is
otherwise required to file a statement pursuant to ORS 244.050 from filing the
statement if the regularity, number and frequency of the meetings and actions
of the body over which the public official has jurisdiction are so few or
infrequent as not to warrant the public disclosure;
(c) Establish an administrative process
whereby a person subpoenaed by the commission may obtain a protective order;
(d) List criteria and establish a process
for the commission to use prosecutorial discretion to decide whether to proceed
with an inquiry or investigation;
(e) Establish a procedure under which the
commission shall conduct accuracy audits of a sample of reports or statements
filed with the commission under this chapter or ORS 171.725 to 171.785;
(f) Describe the application of provisions
exempting items from the definition of “gift” in ORS 244.020 (5)(b) and the application
of the prohibition on entertainment contained in ORS 244.025;
(g) Specify when a continuing violation is
considered a single violation or a separate and distinct violation for each day
the violation occurs; and
(h) Set criteria for determining the
amount of civil penalties that the commission may impose.
(3) The commission may adopt rules that:
(a) Limit the minimum size of, or
otherwise establish criteria for or identify, the smaller classes that qualify
under the class exception from the definition of “potential conflict of
interest” under ORS 244.020;
(b) Require the disclosure and reporting
of gifts or other compensation made to or received by a public official or
candidate for public office;
(c) Establish criteria for cases in which
information relating to notices of actual or potential conflicts of interest
shall, may not or may be provided to the commission under ORS 244.130; or
(d) Allow the commission to accept the
filing of a statement containing less than all of the information required
under ORS 244.060 and 244.070 if the public official or candidate for public
office certifies on the statement that the information contained on the
statement previously filed is unchanged or certifies only as to any changed
material.
(4) Not less frequently than once each
calendar year, the commission shall:
(a) Consider adoption of rules the
commission deems necessary to implement or interpret provisions of this chapter
relating to issues the commission determines are of general interest to public officials
or candidates for public office or that are addressed by the commission or by
commission staff on a recurring basis; and
(b) Review rules previously adopted by the
commission to determine whether the rules have continuing applicability or
whether the rules should be amended or repealed.
(5) The commission shall adopt by rule an
electronic filing system under which statements required to be filed under ORS
244.050, 244.100 and 244.217 must be filed, without a fee, with the commission
in an electronic format.
(6) The commission shall make statements
filed under ORS 244.050, 244.100 and 244.217 available in a searchable format
for review by the public using the Internet.
244.300
Status of records. (1)
Records of the Oregon Government Ethics Commission are public records of this
state.
(2) All information submitted to the
commission in any statement required under this chapter is a public record. [1974
c.72 §18; 1977 c.588 §9; 2007 c.865 §35]
244.310
Executive director. (1) The
Oregon Government Ethics Commission shall appoint an executive director to
serve at the pleasure of the commission.
(2) The executive director is responsible
for the administrative operations of the commission and shall perform such
other duties as may be designated or assigned to the executive director from
time to time by the commission.
(3) The commission may not delegate the
power to adopt rules or issue commission advisory opinions to the executive
director. The executive director may issue staff advisory opinions as provided
in ORS 244.282. [1974 c.72 §16; 2007 c.865 §16]
244.320
Manual on government ethics; revision. (1) The Oregon Government Ethics Commission shall prepare and publish
a manual on government ethics that explains in terms understandable to legislative
and public officials and the public the requirements of this chapter and the
commission’s interpretation of those requirements whether stated by rule or in
an opinion. The manual shall set forth recommended uniform reporting methods
for use by persons filing statements under this chapter.
(2) In preparing the manual, the
commission shall consider the format of the manual prepared by the Attorney
General to guide public officials and the public in the requirements of ORS
chapter 192.
(3) The commission shall update the manual
as often as the commission believes necessary but no less frequently than once
every four years.
(4) The commission shall make copies of
the manual available in an electronic format on the Internet. [1991 c.522 §2;
2007 c.865 §36]
244.330
Distribution of manual on government ethics. The Oregon Government Ethics Commission shall distribute, insofar
as is practicable, copies of its ethics manual to every public official. The
commission shall seek the assistance of professional associations that
represent public officials in its efforts to comply with this section. [1993
c.714 §4]
Note: 244.330 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 244 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
244.340
Continuing education program.
The Oregon Government Ethics Commission shall prepare and present a program of
continuing education for public officials. The commission may use its own staff
or may contract for the preparation or presentation of the program of
continuing education. [1993 c.714 §5; 2007 c.865 §37]
244.345
ENFORCEMENT
244.350
Civil penalties; letter of reprimand or explanation. (1) The Oregon Government Ethics Commission
may impose civil penalties not to exceed:
(a) Except as provided in paragraph (b) of
this subsection, $5,000 for violation of any provision of this chapter or any
resolution adopted under ORS 244.160.
(b) $25,000 for violation of ORS 244.045.
(2)(a) Except as provided in paragraph (b)
of this subsection, the commission may impose civil penalties not to exceed
$1,000 for violation of any provision of ORS 192.660.
(b) A civil penalty may not be imposed
under this subsection if the violation occurred as a result of the governing
body of the public body acting upon the advice of the public body’s counsel.
(3) The commission may impose civil
penalties not to exceed $250 for violation of ORS 293.708. A civil penalty
imposed under this subsection is in addition to and not in lieu of a civil
penalty that may be imposed under subsection (1) of this section.
(4)(a) The commission may impose civil
penalties on a person who fails to file the statement required under ORS
244.050, 244.100 or 244.217. In enforcing this subsection, the commission is
not required to follow the procedures in ORS 244.260 before finding that a
violation of ORS 244.050, 244.100 or 244.217 has occurred.
(b) Failure to file the required statement
in timely fashion is prima facie evidence of a violation of ORS 244.050,
244.100 or 244.217.
(c) The commission may impose a civil
penalty of $10 for each of the first 14 days the statement is late beyond the
date set by law, or by the commission under ORS 244.050, and $50 for each day
thereafter. The maximum penalty that may be imposed under this subsection is
$5,000.
(d) A civil penalty imposed under this
subsection is in addition to and not in lieu of sanctions that may be imposed
under ORS 244.380.
(5) In lieu of or in conjunction with
finding a violation of law or any resolution or imposing a civil penalty under
this section, the commission may issue a written letter of reprimand,
explanation or education. [1974 c.72 §19; 1977 c.588 §10; 1987 c.360 §3; 1993
c.743 §29; 1993 c.747 §2; 1997 c.750 §2; 2005 c.179 §3; 2007 c.865 §18; 2007
c.877 §11a]
244.355
Failure to file trading statement. A person who intentionally fails to file a complete and accurate
statement under ORS 244.055 commits a Class C felony. [2007 c.865 §31]
244.360
Additional civil penalty equal to twice amount of financial benefit. In addition to civil penalties imposed under
ORS 244.350, if a public official has financially benefited the public official
or any other person by violating any provision of this chapter, the Oregon
Government Ethics Commission may impose upon the public official a civil
penalty in an amount equal to twice the amount the public official or other
person realized as a result of the violation. [1974 c.72 §20; 1987 c.566 §21;
2007 c.865 §19; 2007 c.877 §12a]
244.370
Civil penalty procedure; disposition of penalties. (1) Any civil penalty under ORS 244.350 or
244.360 shall be imposed in the manner prescribed by ORS 183.745.
(2) Notwithstanding ORS 183.745, a hearing
is required in all cases prior to imposition of a penalty unless the public
official or candidate waives the hearing. The public official or candidate to
whom the notice is addressed has 10 days from the date of service of the notice
in which to waive a hearing before the Oregon Government Ethics Commission and
the public official or candidate shall be so notified.
(3) All penalties recovered under ORS
244.350 and 244.360 shall be paid into the State Treasury and credited to the
General Fund. [1974 c.72 §21; 1977 c.588 §11; 1989 c.706 §10; 1991 c.734 §13;
2007 c.865 §25]
244.380
Additional sanctions for failure to file statement of economic interest. (1) If the Oregon Government Ethics
Commission has imposed a civil penalty under ORS 244.350 on a public official
or candidate for failing to file a statement of economic interest required under
this chapter or a resolution adopted under ORS 244.160 and the public official
or candidate continues to refuse to file the statement, the following apply:
(a) The commission shall notify the Oregon
Department of Administrative Services or the local public body, as defined in
ORS 174.109, that the public official serves of the failure to file a statement
of economic interest. Except for judges, during the period beginning on the
date the department or public body receives notice from the commission and
ending on the date the public official files the statement of economic
interest, the department or public body may not pay compensation to the public
official and the public official may not begin or continue to exercise the
official duty of the public official. In the case of a public official who does
not receive compensation, the public official may not begin or continue to
exercise the official duty of the public official until the public official
files the statement of economic interest.
(b) In the case of a candidate for public
office, the commission shall notify the appropriate chief elections officer of
the candidate’s failure to file the statement required by this chapter. The
chief elections officer shall:
(A) If the notice is received on or before
the 61st day before the date of the election, cause the name of the candidate
to be removed from the ballot on which the name of the candidate would
otherwise appear; or
(B) If the candidate has been nominated or
elected, refuse to issue a certificate of nomination or election.
(2) If the name of a candidate for public
office is removed from the ballot as provided in subsection (1) of this
section, the name shall be removed in accordance with ORS 254.165.
(3) As used in this section, “chief
elections officer” has the meaning given that term in ORS 254.005. [1974 c.72 §23;
1975 c.543 §12; 1977 c.588 §12; 1987 c.566 §22; 1995 c.607 §69; 2007 c.865 §20]
244.390
Status of penalties and sanctions; consideration of other penalties imposed. (1) A penalty or sanction imposed by the
Oregon Government Ethics Commission under this chapter is in addition to and
not in lieu of any other penalty or sanction that may be imposed according to
law.
(2) Before making a finding that there is
cause to undertake an investigation under ORS 244.260 and before imposing a
civil penalty under ORS 244.350 or 244.360, the commission shall consider the
public interest and any other penalty or sanction that has been or may be
imposed on the public official as a result of the same conduct that is the
subject of action by the commission under ORS 244.260.
(3) Nothing in this chapter is intended to
affect:
(a) Any statute requiring disclosure of
economic interest by any public official or candidate for public office.
(b) Any statute prohibiting or authorizing
specific conduct on the part of any public official or candidate for public
office. [1974 c.72 §25; 2007 c.865 §2; 2007 c.877 §39a]
244.400
Attorney fees for person prevailing in contested case. (1) A person who prevails following a
contested case hearing under this chapter or ORS 171.778 shall be awarded
reasonable attorney fees at the conclusion of the contested case or on appeal.
(2) Upon prevailing following a contested
case hearing or lawsuit, the person may petition the Marion County Circuit
Court for the purpose of determining the award of reasonable attorney fees. The
Oregon Government Ethics Commission shall be named as a respondent in the
petition. The petitioner and respondent shall follow the procedure provided in
ORCP 68 for the determination of reasonable attorney fees. The court shall give
precedence on its docket to petitions filed under this subsection as the
circumstances may require.
(3) An appellate court shall award
reasonable attorney fees to the person if the person prevails on appeal from
any decision of the commission.
(4) Attorney fees to be awarded under this
section shall be only those fees incurred by the person from the time the
commission notifies the person that it has entered an order to move to a
contested case proceeding.
(5) Any attorney fees awarded to the
person pursuant to this section shall be paid by the commission from moneys
appropriated or allocated to the commission from the General Fund. [1991 c.770 §9;
1993 c.743 §30; 2007 c.865 §26]
_______________
CHAPTER 245
[Reserved for expansion]