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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 22 PUBLIC OFFICERS AND EMPLOYEES
Chapter : Chapter 244 Government Standards and Practices
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(1) The Legislative Assembly hereby declares that a
public office is a public trust, and that as one safeguard for that
trust, the people require all public officials to adhere to the code of
ethics set forth in ORS 244.040.
(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] 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 (14) 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 from which 50 percent or more of
the total annual income of the person and members of the person’s
household is derived during the current calendar year.
(4) “Commission” means the Oregon Government Standards and
Practices Commission.
(5) “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.
(6) “Expenditure” has the meaning given that term in ORS 260.005.
(7) “Gift” means something of economic value given to a public
official or the public official’s relative 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 of public officials on the same terms and
conditions; and something of economic value given to a public official or
the public official’s relative for valuable consideration less than that
required from others who are not public officials. However, “gift” does
not mean:
(a) Campaign contributions, as described in ORS chapter 260.
(b) Gifts from family members.
(c) The giving or receiving of food, lodging and travel when
participating in an event which bears a relationship to the public
official’s office and when appearing in an official capacity, subject to
the reporting requirement of ORS 244.060 (6).
(d) The giving or receiving of food or beverage if the food or
beverage is consumed by the public official or the public official’s
relatives in the presence of the purchaser or provider thereof.
(e) The giving or receiving of entertainment if the entertainment
is experienced by the public official or the public official’s relatives
in the presence of the purchaser or provider thereof and the value of the
entertainment does not exceed $100 per person on a single occasion and is
not greater than $250 in any one calendar year.
(8) “Honoraria” 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 at which the public official appears in an official capacity.
(9) “Income” means income of any nature derived from any source,
including, but not limited to, any salary, wage, advance, payment,
dividend, interest, rent, honoraria, return of capital, forgiveness of
indebtedness, or anything of economic value.
(10) “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.
(11) “Legislative official” means any member or member-elect of the
Legislative Assembly, any member of an agency, board or committee that is
part of the legislative branch and any staff person, assistant or
employee thereof.
(12) “Member of household” means any relative who resides with the
public official.
(13) “Planning commission” means a county planning commission
created under ORS chapter 215 or a city planning commission created under
ORS chapter 227.
(14) “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. The commission may by rule limit the minimum
size of or otherwise establish criteria for or identify the smaller
classes that qualify under this exception.
(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.
(15) “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 of the state as an
officer, employee, agent or otherwise, and irrespective of whether the
person is compensated for such services.
(16) “Relative” means the spouse of the public official, any
children of the public official or of the public official’s spouse, and
brothers, sisters or parents of the public official or of the public
official’s spouse.
(17) “Statement of economic interest” means a statement as
described by ORS 244.060 to 244.080.
(18) “Statewide official” means the Secretary of State or Secretary
of State-elect, State Treasurer or State Treasurer-elect, Superintendent
of Public Instruction or Superintendent-elect of Public Instruction,
Attorney General or Attorney General-elect and the Commissioner of the
Bureau of Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
(19) “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] Nothing in this chapter is intended to affect:
(1) Any other statute requiring disclosure of economic interest by
any public official or public employee.
(2) Any statute prohibiting or authorizing specific conduct on the
part of any public official or public employee. [1974 c.72 §24] The
following actions are prohibited regardless of whether actual conflicts
of interest or potential conflicts of interest are announced or disclosed
pursuant to ORS 244.120:
(1)(a) No public official shall use or attempt to use official
position or office to obtain financial gain or avoidance of financial
detriment that would not otherwise be available but for the public
official’s holding of the official position or office, other than
official salary, honoraria, except as prohibited in paragraphs (b) and
(c) of this subsection, reimbursement of expenses or an unsolicited award
for professional achievement for the public official or the public
official’s relative, or for any business with which the public official
or a relative of the public official is associated.
(b) No statewide official shall solicit or receive, whether
directly or indirectly, honoraria for the statewide official or for any
member of the household of the official. No candidate for statewide
office shall solicit or receive, whether directly or indirectly,
honoraria for the candidate or for any member of the household of the
candidate.
(c) No legislative official shall solicit or receive, whether
directly or indirectly, honoraria in an amount in excess of $1,500 or in
any amount for an appearance within the state or for an appearance during
a legislative session, regardless of location, for the legislative
official or for any member of the household of the official, except that
a legislative official may solicit or receive honoraria for services
performed in relation to the private profession or occupation of the
legislative official. No candidate for legislative office shall solicit
or receive, whether directly or indirectly, honoraria in an amount in
excess of $1,500 or in any amount for an appearance within the state for
the candidate or for any member of the household of the candidate, except
that a candidate for legislative office may solicit or receive honoraria
for services performed in relation to the private profession or
occupation of the legislative official.
(d) Any public official not described in paragraph (b) or (c) of
this subsection or a member of the public official’s household may
receive honoraria.
(2) No public official or candidate for office or a relative of the
public official or candidate shall solicit or receive, whether directly
or indirectly, during any calendar year, any gift or gifts with an
aggregate value in excess of $100 from any single source who could
reasonably be known to have a legislative or administrative interest in
any governmental agency in which the official has or the candidate if
elected would have any official position or over which the official
exercises or the candidate if elected would exercise any authority.
(3) No public official shall solicit or receive, either directly or
indirectly, and no person shall offer or give to any public official any
pledge or promise of future employment, based on any understanding that
such public official’s vote, official action or judgment would be
influenced thereby.
(4) No public official shall 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 the official position
or activities of the public official in any way.
(5) No person shall offer during any calendar year any gifts with
an aggregate value in excess of $100 to any public official or candidate
therefor or a relative of the public official or candidate if the person
has a legislative or administrative interest in a governmental agency in
which the official has or the candidate if elected would have any
official position or over which the official exercises or the candidate
if elected would exercise any authority.
(6) No person shall 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. [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]
(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. [1987
c.360 §1; 1993 c.743 §10; 1995 c.79 §86; 1997 c.750 §1]REPORTING(1) On or before April 15 of each year
the following persons shall file with the Oregon Government Standards and
Practices 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 municipal judges in those cities where a
majority of the votes cast in the subject city in the 1974 general
election was in opposition to the ballot measure provided for in section
10, chapter 68, Oregon Laws 1974 (special session), and except any pro
tem judicial officer who does not otherwise serve as a judicial officer.
(c) Any candidate for an 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 Oregon Liquor Control Commission.
(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 Oregon Government Standards and Practices
Commission.
(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 except elected officials
in those cities or counties where a majority of votes cast in the subject
city or county in any election on the issue of filing statements of
economic interest under this chapter was in opposition.
(j) Every member of a city or county planning, zoning or
development commission except such members in those cities or counties
where a majority of votes cast in the subject city or county at any
election on the issue of filing statements of economic interest under
this chapter was in opposition to the ballot measure provided for in
section 10, chapter 68, Oregon Laws 1974 (special session).
(k) The chief executive officer of a city or county who performs
the duties of manager or principal administrator of the city or county
except such employees in those cities or counties where a majority of
votes cast in the subject city or county in an election on the issue of
filing statements of economic interest under this chapter was in
opposition.
(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) Oregon Economic and Community Development Commission.
(C) State Board of Education.
(D) Environmental Quality Commission.
(E) Fish and Wildlife Commission of the State of Oregon.
(F) State Board of Forestry.
(G) Oregon Government Standards and Practices Commission.
(H) Oregon Health Policy Commission.
(I) State Board of Higher Education.
(J) Oregon Investment Council.
(K) Land Conservation and Development Commission.
(L) Oregon Liquor Control Commission.
(M) Oregon Short Term Fund Board.
(N) State Marine Board.
(O) Mass transit district boards.
(P) Energy Facility Siting Council.
(Q) Board of Commissioners of the Port of Portland.
(R) Employment Relations Board.
(S) Public Employees Retirement Board.
(T) Oregon Racing Commission.
(U) Oregon Transportation Commission.
(V) Wage and Hour Commission.
(W) Water Resources Commission.
(X) Workers’ Compensation Board.
(Y) Oregon Facilities Authority.
(Z) Oregon State Lottery Commission.
(AA) Pacific Northwest Electric Power and Conservation Planning
Council.
(BB) Columbia River Gorge Commission.
(CC) Oregon Health and Science University Board of Directors.
(q) The following officers of the State Treasury:
(A) Chief Deputy State Treasurer.
(B) Executive Assistant to 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 and 777.915 to 777.953.
(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 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 elective 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 elective public office described in
subsection (1) of this section who was not a candidate in the preceding
primary election, or who was nominated for elective 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) The Legislative Assembly shall maintain a continuing review of
the operation of this chapter.
(6) Subsections (1) to (5) of this section apply only to persons
who are incumbent, elected or appointed officials as of April 15 and to
persons who are candidates for office on April 15. Those sections also
apply to persons who do not become candidates until 30 days after the
filing deadline for the statewide general election.
(7)(a) Failure to file the statement required by this section
subjects a person to a civil penalty that may be imposed as specified in
ORS 183.745, but the enforcement of this subsection does not require the
Oregon Government Standards and Practices Commission to follow the
procedures in ORS 244.260 before finding that a violation of this section
has occurred.
(b) Failure to file the required statement in timely fashion shall
be prima facie evidence of a violation of this section.
(c) If within five days after the date on which the statement is to
be filed under this section the statement has not been received by the
commission, the commission shall notify the public official and give the
public official not less than 15 days to comply with the requirements of
this section. If the public official fails to comply by the date set by
the commission, the commission may impose a civil penalty of $5 for each
day the statement is late beyond the date fixed by the commission. The
maximum penalty that may be accrued under this section is $1,000.
(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. [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](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 Standards and Practices 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.
(5) A person filing the statement required by subsection (1) of
this section must verify that the statement is complete and accurate. A
person who intentionally fails to file a complete and accurate statement
commits a Class C felony and may also be subject to ORS 162.075. [1993
c.743 §26] The statement of
economic interest filed under ORS 244.050, shall be on a form prescribed
by the Oregon Government Standards and Practices Commission, and the
person filing the statement shall supply the information required by this
section and ORS 244.090, as follows:
(1) The name 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.
(2) All names under which the person and members of the household
of the person do business.
(3) Sources of income received at any time during the preceding
calendar year by the person or a member of the household of the person
that produce 10 percent or more of the total annual household income.
(4) The name, principal address and brief description of the source
of income from which 50 percent or more of the total annual income of the
person and members of the household of the person was received during the
preceding calendar year and whether the source existed during the
preceding year, and whether the source is derived from an entity that now
does business or could reasonably be expected to do business or has
legislative or administrative interest in the governmental agency of
which the public official is or the candidate if elected would be a
member or over which the public official has or the candidate if elected
would have authority.
(5)(a) The listing of all real property in which the public
official or candidate therefor 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 is or the candidate
if elected would be a member or over which the public official has or the
candidate if elected would have authority.
(b) This subsection does not require the listing of the principal
residence of the public official or candidate.
(6)(a) Notwithstanding ORS 244.020 (7)(c), if a public official has
received food, lodging and payment of travel expenses exceeding $100 when
participating in an event which bears a relationship to the public
official’s office and when appearing in an official capacity, the name,
nature and business address of the organization paying the expenses and
the date and amount of that expenditure.
(b) Beginning on July 1, 1992, the dollar amount specified in
paragraph (a) of this subsection shall be adjusted annually by the
commission based upon the change in the Portland Consumer Price Index for
All Urban Consumers for All Items as prepared by the Bureau of Labor
Statistics of the United States Department of Labor or its successor
during the preceding 12-month period. The amount determined under this
paragraph shall be rounded to the nearest dollar.
(7) Any honoraria exceeding $50 received during the preceding
calendar year by the person or a member of the household of the person,
the payer of the honoraria and the date and time of the event for which
the honoraria was received. [1974 c.72 §5; 1975 c.543 §4; 1987 c.566 §11;
1991 c.770 §7; 1993 c.743 §12; 2003 c.14 §116]
The following additional economic interest shall be reported for the
preceding calendar year only if the source of that interest is derived
from an individual or business which 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 is or the candidate if elected would be a
member or over which the public official has or the candidate if elected
would have authority:
(1) Each source of income over $1,000, other than a source of
income disclosed under ORS 244.060, whether or not taxable, received by
the public official or candidate therefor or a member of the household of
the public official or candidate.
(2) Each person to whom the public official or candidate therefor
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 thereon and the
date of the loan, except for debts owed to any federal or state regulated
financial institution or retail contracts.
(3) Each business, principal address, and brief description of its
nature, in which the public official or candidate therefor 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.
(4) Each person for whom the public official or candidate 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] The Oregon
Government Standards and Practices Commission by rule may accept the
filing of a form containing less than the information required under ORS
244.060 and 244.070 if the public official certifies thereon that the
information contained on the form previously filed is unchanged. If any
portion of the information contained in the filing is changed, the public
official may certify only as to the changed material. [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] (1) Each
public official of this state or candidate required to make a statement
of economic interest shall report by name 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. Holding stock in a
publicly traded corporation in which the lobbyist also holds stock is not
a relationship for which a statement is required.
(2) As used in this section “lobbyist” has the meaning set forth in
ORS 171.725. [1974 c.72 §7; 1975 c.543 §6; 1987 c.566 §14](1) The Oregon Government Standards and Practices
Commission by rule may require the disclosure and reporting of gifts or
other compensation made to or received by a public official or candidate
for elective office.
(2) The commission by rule may exempt from the gift limitation
contained in ORS 244.040, any gift of food or beverage but may require
that when gifts of food or beverage exceed a dollar amount fixed by the
commission, the source thereof shall be disclosed on a form prescribed by
the commission.
(3) In addition to any disclosures or reports required under
subsections (1) and (2) of this section, any person or organization that
provides a public official with food, lodging or travel expenses
exceeding $50, as described in ORS 244.060 (6), shall notify the public
official in writing of the amount of the expense. The notice shall be
sent to the public official within 10 days from the date such expenses
are incurred. [1975 c.543 §11; 1991 c.677 §1]
(1) Any statement of economic interest required to be filed by ORS
244.050, 244.060, 244.070, 244.080, 244.090 or 244.100 shall contain or
be verified by a written declaration that it is made under the penalties
of false swearing. Such declaration shall be in lieu of any oath
otherwise required.
(2) No person shall willfully make and subscribe any return
statement or other document which contains or is verified by a written
declaration that it is made under penalties for false swearing, which the
person does not believe to be true and correct to every matter. [1974
c.72 §22; 1977 c.588 §5]Each member of Congress from this state and each candidate for a
seat in Congress from this state shall file with the Oregon Government
Standards and Practices Commission a copy of the federal ethics filing
required under federal law or by congressional rule within 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 thereon that the filing was not made with the
commission by the member of Congress or candidate. All such filings are
public records available for public inspection. [1991 c.160 §7]METHOD OF HANDLING ACTUAL OR POTENTIAL CONFLICTS(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](1) When a public official gives notice of an
actual or potential conflict of interest, the actual or potential
conflict shall be recorded in the official records of the public body,
and a notice of the actual or potential conflict and how it was disposed
of may in the discretion of the public body be provided the Oregon
Government Standards and Practices Commission within a reasonable period
of time. The commission may by rule establish criteria for cases in which
such information shall, shall not, or may be provided to it.
(2) No 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 shall 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](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 REPORTING REQUIREMENTS TO LOCAL GOVERNMENTSAny 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. The filing shall be
made with the Oregon Government Standards and Practices Commission. A
copy of the ordinance shall be filed with the commission. [1974 c.72 §9] (1) As used
in this section, “public officials of a city” means:
(a) Each person holding an elective city office;
(b) Each member of a city planning, zoning or development
commission; and
(c) The chief executive officer of the city who performs the duties
of manager or a principal administrator of the city.
(2) Public officials of a city are required to file a statement of
economic interest with the Oregon Government Standards and Practices
Commission if a majority of the votes cast by the electors of the city
voting at the election as provided for in ORS 244.201 is in favor
thereof. [1975 c.216 §2; 1987 c.566 §16; 2005 c.22 §186] (1) As
used in this section, “public officials of a county” means:
(a) Each person holding an elective county office;
(b) Each member of a county planning, zoning or development
commission; and
(c) The chief executive officer of the county who performs the
duties of a principal administrator of the county.
(2) Public officials of a county are required to file a statement
of economic interest with the Oregon Government Standards and Practices
Commission if a majority of the votes cast by the electors of the county
voting at the election as provided for in ORS 244.201 is in favor
thereof. [1975 c.216 §3; 1987 c.566 §17; 2005 c.22 §187](1) The city
recorder or county clerk, respectively, shall provide to every person
newly elected or appointed to any city or county office for which
statements of financial interest are required under ORS 244.050
information about the requirements of ORS 244.050, 244.060, 244.070,
244.080 and 244.090 either at the first meeting attended by the new
officer or before the officer takes the oath of office, whichever is
first.
(2) At the time of fulfilling duties under subsection (1) of this
section, the city recorder or county clerk shall provide to each new
officer a copy of the statements and explanation provided to the city
recorder or county clerk under subsection (3) of this section.
(3) The Oregon Government Standards and Practices Commission shall
provide copies of the statements described in ORS 244.060, 244.070,
244.080 and 244.090 and an explanation of the requirements of the law
relating to the statements to each city recorder and county clerk.
(4) Any person described in subsection (1) of this section who is
not informed of the filing requirements under ORS 244.050, 244.060,
244.070, 244.080 and 244.090 and provided with a copy of the statements
and explanation described in subsection (3) of this section before 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 longer, without filing any statement and without
sanction or penalty that might otherwise be imposed for not filing. [1979
c.332 §2] (1) This section
establishes the procedure for submitting at an election:
(a) The question whether public officials of a city, as defined in
ORS 244.180, shall be required to file a statement of economic interest
with the Oregon Government Standards and Practices Commission.
(b) The question whether public officials of a county, as defined
in ORS 244.190, shall be required to file a statement of economic
interest with the commission.
(2) Upon receipt of a petition filed as provided in this section,
the governing body of a city or county shall submit the question at the
next primary election or general election.
(3) The requirements for preparing, circulating and filing a
petition under this section shall be as provided for an initiative
petition:
(a) In the case of a city, in ORS 250.265 to 250.346.
(b) In the case of a county, in ORS 250.165 to 250.235.
(4) If ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to a
city or if ORS 250.155 makes ORS 250.165 to 250.235 inapplicable to a
county, the requirements for preparing, circulating and filing a petition
under this section shall be as provided for an initiative petition under
the city or county charter or an ordinance adopted under the city or
county charter.
(5) The ballot title for a question submitted to election under
this section must specify the public officials of the city, as defined in
ORS 244.180, or of the county, as defined in ORS 244.190.
(6) If a question under this section appears on both city and
county ballots the votes cast in each city and in each county shall be
counted, canvassed, returned and declared separately for each city and
county.
(7) The results of any question submitted to election under this
section shall be forwarded by the city recorder or county clerk to the
Oregon Government Standards and Practices Commission not later than
January 1 next following the election. [1983 c.350 §63 (enacted in lieu
of 244.200 and 244.210); 1995 c.712 §95]COMMISSION(1) The Oregon
Government Standards and Practices Commission is established, consisting
of seven members appointed in the following manner to be confirmed by the
Senate:
(a) Four members appointed by the Governor 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, another person shall be recommended.
(b) Three members appointed by the Governor without leadership
recommendation, no more than two of whom shall be from the same major
political party.
(2) No person who holds any public office listed in ORS 244.050 (1)
except as a member of the commission shall be appointed to the
commission. No more than four members shall be members of the same
political party.
(3) The term of office is four years. No member shall be eligible
to be appointed to more than one full term but may serve out an unexpired
term. However, those members first appointed to the commission serving
less than a three-year term are eligible for a second appointment for a
full 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 no final decision may be
made without an affirmative vote of the 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 shall be a member of the Oregon State Bar and who shall be
responsible to the commission. The appointment of legal counsel under
this subsection shall 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 such representation
would create or tend to create a conflict of interest and is not subject
to ORS 180.230 or 180.235.
(8) The Attorney General shall 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](1)(a) Upon its own instigation or signed complaint of any person, the
Oregon Government Standards and Practices Commission may undertake action
in the Preliminary Review Phase with respect to the contents of any
statements filed under this chapter or resolution adopted pursuant
thereto or any alleged violation of any provision of this chapter.
(b) The public official who is the subject of a complaint or of the
commission’s own action shall be notified immediately upon receipt of the
complaint or upon adoption of a motion by the commission to undertake any
action concerning the public official. The notice shall be given by
telephone if the official can be reached and shall also be in writing
mailed to the official. The notice shall include the nature of the
complaint or motion and a copy of all materials submitted along with the
complaint or materials which give rise to the commission’s instigation of
action on its own motion. However, the official must also be notified in
advance if an issue that may give rise to a motion to undertake action on
the commission’s own instigation is to be discussed at a commission
meeting.
(c) Before investigating any complaint or undertaking any
investigation at the commission’s own instigation, if the public official
who is the subject of the complaint or of the commission’s own action is
a member of the Legislative Assembly, the commission shall determine
whether the alleged violation of any provision of this chapter involves
conduct protected by section 9, Article IV of the Oregon Constitution. If
the commission determines that the conduct is protected by section 9,
Article IV of the Oregon Constitution, the commission shall dismiss the
complaint or rescind its motion as provided in paragraph (e) of this
subsection.
(d) If the complaint has not been dismissed or the motion of the
commission has not been rescinded as described in paragraph (c) of this
subsection, before investigating any complaint or undertaking an
investigation on the commission’s own instigation, the commission shall
make a finding that there is cause to undertake an investigation, notify
the public official who is the subject of the investigation, identify the
issues to be examined and shall confine its investigation to those
issues. If the commission finds reason to expand its investigation, it
shall move to do so and shall record in its minutes the issues to be
examined before expanding the scope of its investigation and formally
notify the complainant and the public official who is the subject of the
complaint of the expansion and the scope thereof.
(e) If the commission does not make a finding of cause, or if the
commission determines 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
shall formally enter the dismissal or rescission on its records. The
commission shall notify the public official of the dismissal or
rescission. After dismissal or rescission, the commission shall take no
further action involving the public official unless a new and different
complaint is filed or action at its own instigation is undertaken based
on different conduct.
(2) The commission may:
(a) During the Preliminary Review Phase, 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 or if the alleged violation is protected by
section 9, Article IV of the Oregon Constitution; and
(b) During the Investigatory Phase, require 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 section or refuses to testify on any matters on which the
person may be lawfully interrogated, the procedure provided in ORS
183.440 shall be followed to compel compliance.
(3) The person conducting any inquiry or investigation shall do so
in an impartial, objective manner. All favorable and unfavorable
information collected by the investigator shall be turned over to the
commission.
(4) The findings of the commission in any inquiry or investigation
shall be reported impartially, including both favorable and unfavorable
findings, and shall be made available to the public official who is the
subject thereof, to the appointing authority, if any, and to the Attorney
General for state public officials and to the appropriate district
attorney for local public officials. The findings shall be made available
to the Commission on Judicial Fitness and Disability in any investigation
involving a judge.
(5) Hearings relating to any charge of alleged violation of 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.
(6)(a) The period of time from the filing of a complaint or from
acting on the commission’s own instigation to the finding of cause or
dismissal of the complaint or rescission of the motion shall be termed
the Preliminary Review Phase and shall not exceed 90 days unless a delay
is stipulated to by both the public official and the Oregon Government
Standards and Practices Commission with the commission reserving a
portion of the delay period to complete its actions.
(b) The Preliminary Review Phase shall be confidential. Commission
members and staff may acknowledge receipt of a complaint but shall make
no 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.
(c) The commission’s deliberations of a case at the conclusion of
the Preliminary Review Phase shall be conducted in executive session. All
case related materials and proceedings shall be open to the public after
the commission makes a finding of cause, 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.
(d) 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.
(7)(a) The period of time from the finding of cause to the
beginning of any contested case proceedings shall be termed the
Investigatory Phase and shall not exceed 120 days unless a delay is
stipulated to by both the public official and the Oregon Government
Standards and Practices Commission with the commission reserving a
portion of the delay period to complete its actions.
(b) 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.
(c) At the end of the Investigatory Phase, the commission shall
take action by order, which action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation to determine further facts,
but no more than one continuation, not to exceed 30 days’ duration, shall
be taken;
(C) Moving to a contested case proceeding;
(D) Seeking a negotiated settlement; or
(E) Taking other appropriate action if justified by the findings.
(8) If, at the end of the Investigatory Phase, the commission takes
action by order to move to a contested case proceeding, a public official
may notify the commission that the official elects to have the commission
file a lawsuit against the official in the Marion County Circuit Court in
lieu of the contested case proceeding. The public official shall notify
the commission of the election in writing no later than 21 days after
receiving notification of the commission’s action by order to move to the
contested case proceeding. The commission shall file suit within 30 days
after receiving notice that the public official has elected the lawsuit
procedure.
(9) The commission shall not inquire into or investigate any
complaint or act at its own instigation on alleged conduct that occurred
more than four years before the complaint is filed or action is
undertaken.
(10) Nothing in this section is intended to prevent the commission
and the public official or other person alleged to have violated this
chapter from stipulating to a finding of fact concerning the violation
and consenting to an appropriate penalty. The commission shall enter an
order accordingly.
(11) 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] If the Oregon Government
Standards and Practices Commission finds that an appointed public
official has violated any provision of this chapter or any rule adopted
pursuant thereto, the finding shall constitute 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. [1974
c.72 §14; 1977 c.588 §7] (1)
Upon the written request of any public official, candidate for public
office or any person, or upon its own motion, the Oregon Government
Standards and Practices Commission, under signature of the chairperson,
may issue and publish opinions on the requirements of this chapter, based
on actual or hypothetical circumstances.
(2) If any public official or business with which the public
official is associated is in doubt whether a proposed transaction or
action constitutes a violation of this chapter, the public official or
the business may request in writing a determination from the commission.
If any public official is in doubt whether receipt of an honoraria is in
violation of this chapter because the person paying the honoraria may be
found to have a legislative or administrative interest, the public
official shall request in writing a determination from the commission.
The requester shall supply such information as the commission requests to
enable it to issue the interpretation.
(3) A public official or business with which a public official is
associated shall not be liable under this chapter, for any action or
transaction carried out in accordance with an advisory interpretation
issued under subsection (2) of this section. Such an advisory
interpretation shall be considered a formal opinion having precedential
effect and shall be subject to review by legal counsel to the commission
before the interpretation is sent to the requester. [1974 c.72 §15; 1975
c.543 §9; 1977 c.588 §8; 1987 c.566 §19; 1991 c.272 §2; 1993 c.743 §13] The Oregon Government
Standards and Practices Commission shall:
(1) Prescribe forms for statements required by this chapter and
provide the forms to persons required to file the statements under this
chapter or resolution adopted pursuant thereto.
(2) Prepare, publish and provide a manual setting forth recommended
uniform methods of reporting for use by persons filing statements under
this chapter or resolution adopted pursuant thereto.
(3) Develop a filing, coding and cross-indexing system consistent
with the purposes of this chapter.
(4) Prepare and publish such reports as the commission finds
necessary.
(5) 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; and
(d) List criteria and establish a process for the commission to use
prosecutorial discretion to decide whether to proceed with an inquiry or
investigation. [1974 c.72 §17; 1987 c.566 §20; 1993 c.743 §23] Records of the Oregon Government
Standards and Practices Commission shall constitute public records of
this state. [1974 c.72 §18; 1977 c.588 §9] The Oregon Government Standards
and Practices Commission shall appoint an executive director to serve at
the pleasure of the commission. The executive director shall be
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. However, the
commission shall not delegate the power to make regulations or issue
advisory opinions to the executive director. [1974 c.72 §16] (1) The Oregon
Government Standards and Practices Commission shall cause to have
prepared and published 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.
(2) The commission shall be guided in preparing its manual by the
manual prepared by the Attorney General to guide public officials and the
public in the requirements of ORS chapter 192.
(3) The manual required by this section shall be updated as often
as the commission believes necessary but no less frequently than once
every four years. [1991 c.522 §2]The Oregon Government Standards
and Practices 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 and 244.340 were enacted into law by the Legislative
Assembly but were 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. The Oregon
Government Standards and Practices Commission shall prepare and present a
program of continuing education for public officials and lobbyists. For
this purpose, the commission may use its own staff or may contract for
the preparation and presentation of this program, or both. [1993 c.714 §5]Note: See note under 244.330.The Oregon Government Standards and Practices Commission Account
is established separate and distinct from the General Fund. All moneys
received by the Oregon Government Standards and Practices Commission,
other than appropriations from the General Fund, shall be deposited into
the account and are continuously appropriated to the commission to carry
out the duties, functions and powers of the commission. [2001 c.716 §11]
Note: 244.345 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.ENFORCEMENT (1) The Oregon Government Standards and
Practices Commission or the court under ORS 244.260 (8) may impose civil
penalties not to exceed:
(a) Except as provided in paragraph (b) of this subsection, $1,000
for violating any provision of this chapter or any resolution adopted
under this chapter.
(b) $25,000 for violation of ORS 244.045.
(2) The commission may impose civil penalties not to exceed $1,000
for violating any provision of ORS 192.660. However, 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.
(4) Any penalty imposed under this section is in addition to and
not in lieu of any other penalty or sanction that may be imposed
according to law, including removal from office. [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] The Oregon
Government Standards and Practices Commission, in addition to civil
penalties prescribed in ORS 244.350, may require any public official who
has financially benefited the public official or any other person by
violation of any provision of this chapter to forfeit twice the amount
that the public official or any other person realized from violating any
provision of this chapter. [1974 c.72 §20; 1987 c.566 §21] (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 shall be required in all
cases prior to imposition of penalty unless the public official waives
the hearing. The public official to whom the notice is addressed shall
have 10 days from the date of service of the notice in which to waive a
hearing before the Oregon Government Standards and Practices Commission
and the public official 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] (1)
In the event that a public official or candidate subject to the
requirements of this chapter, fails to file a statement of economic
interests required by this chapter, or by resolution adopted pursuant
thereto, the following actions shall be taken, irrespective of other
penalties which may be imposed pursuant to this chapter if, after a
hearing has been granted the public official and a penalty is imposed
under ORS 244.370, the public official continues to refuse to file a
statement of economic interests:
(a) Except as to judges, no compensation shall be paid to a
salaried public official. Upon notice to the Oregon Department of
Administrative Services or to the appropriate local authority from the
Oregon Government Standards and Practices Commission of the failure to
file the required report when due, compensation shall be withheld and the
public official shall be barred from beginning or continuing to exercise
the official duty of the public official until such time as the public
official complies with the requirements of this chapter. In the case of a
public official who receives no compensation, the public official shall
be barred from beginning or continuing the exercise of the official duty
of the public official until such time as a statement is filed as
required under this chapter.
(b) Upon notice from the commission to the chief elections officer
of the 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 for public office
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. [1974 c.72 §23; 1975 c.543
§12; 1977 c.588 §12; 1987 c.566 §22; 1995 c.607 §69] The penalties and
sanctions imposed by this chapter are in addition to and not in lieu of
any other penalty or sanction prescribed or authorized by law which
applies to the conduct of public officials. [1974 c.72 §25]
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