Oregon Revised Statutes
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. The Legislative Assembly recognizes and values the work of all public officials, whether elected or appointed. The Legislative Asse…
As used in this chapter, unless the context requires otherwise: “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 a relative or member of the household of the person, or any busines…
During a calendar year, a public official, a candidate 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. During a cal…
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 hous…
Except as provided in subsections (3) and (4) 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. Except as provided in su…
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 Financial Regulation, the administrator of the Oregon Liquor and Cannabis Commission or the Director of the Oregon State Lottery may not: Within one year after the public official ceases to hold the posi…
As used in this section: “Public body” has the meaning given that term in ORS 174.109. “Public contract” has the meaning given that term in ORS 279A.010. Except as provided in subsection (4) of this section, a person who ceases to hold a position as a public official may not have a direct beneficial financial interest in a public contract described in sub…
A holder of public office or candidate may not: Use public moneys to make payments in connection with a nondisclosure agreement relating to workplace harassment; or Use moneys received from a third party to make payments in connection with a nondisclosure agreement relating to workplace harassment if the alleged harassment occurred when the holder of publi…
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: The Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, district attorneys and members of the Legislative A…
In addition to the statement required by ORS 244.050, the State Treasurer and any person listed under ORS 244.050 (1)(r) and subsection (5) of this section shall file at a time fixed by the State Treasurer a quarterly statement of investment activity that shall include all securities transactions and holdings. The contents of the statement shall be establish…
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 filing the statement shall supply the information required by this section and ORS 244.090, as follows: The names of all positions as officer of a business and business directorships held by th…
A public official or candidate 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 a legislative or administrative interest or that has been doing business, does business or could reasonably be expected to do business with the government…
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…
Any organization, unit of government, tribe or corporation that provides a public official with expenses with an aggregate value exceeding $50 for an event described in ORS 244.020 (7)(b)(F) shall notify the public official in writing of the amount of the expense. The organization, unit, tribe or corporation shall provide the notice to the public official wi…
Each statement of economic interest required to be filed under ORS 244.050, 244.060, 244.070 or 244.090, or by rule under ORS 244.290, and each investment activity statement required to be filed under ORS 244.055 shall be certified as true by the person required to file it and shall contain a written declaration that the statement is made under the penalties…
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. The member or candidate shall…
Except as provided in subsection (2) of this section, when met with an actual or potential conflict of interest, a public official shall: 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 th…
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 th…
APPLICATION OF CHAPTER
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. The political subdivision shall file a copy of the resolution with the commission.
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 th…
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 ag…
NEPOTISM
As used in ORS 244.177 and 244.179: “Governing body” has the meaning given that term in ORS 192.610. “Public body” has the meaning given that term in ORS 174.109.
Except as provided in subsections (2) to (4) of this section: 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 contr…
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. A member of the Legislative Assembly may directly supervise a person who: Is a relative or member of the household; and Serves as a…
LEGAL EXPENSE TRUST FUND
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. Proceeds from the trust fund may be used by the public official to defray lega…
The proceeds of a legal expense trust fund may be used to: Defray legal expenses described in ORS 244.205; Defray costs reasonably incurred in administering the trust fund, including but not limited to costs incident to the solicitation of funds; and Discharge any tax liabilities incurred as a result of the creation, operation or administration of the tru…
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 copy of an executed trust agreement described in subsection (2) of this section; A sworn affidavit described in subsection (3) of this section signed by the public official; and A sworn …
The trustee of a legal expense trust fund is responsible for: The receipt and deposit of contributions to the trust fund; The authorization of expenditures and disbursements from the trust fund; The filing of quarterly statements required under ORS 244.217; and The performance of other tasks incident to the administration of the trust fund. The public o…
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. 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 con…
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. The trustee shall maintain the account in the name of the trust fund. All expenditures m…
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. Each statement…
Statements required to be filed with the Oregon Government Ethics Commission under ORS 244.217 shall be filed in each calendar year: Not later than April 15, for the accounting period beginning January 1 and ending March 31; Not later than July 15, for the accounting period beginning April 1 and ending June 30; Not later than October 15, for the accountin…
A legal expense trust fund established under ORS 244.205 to 244.221 may be terminated by: The public official who established the trust fund; Subject to subsection (2) of this section, the terms of the trust agreement; or The Oregon Government Ethics Commission following a determination by the commission that a violation of any provision of this chapter h…
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. 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 publ…
The Oregon Government Ethics Commission is established, consisting of nine members. The appointment of a member of the commission is subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. Members shall be appointed in the following manner: The Governor shall appoint eight members from among persons recommended, two each by …
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, 171.992 and 192.610 to 192.705 and this chapter. The commission shall also determine what percentage of the expenses should be borne by the following two groups of public bodies: Public…
Any person may file with the Oregon Government Ethics Commission a signed or electronically signed written complaint alleging that there has been a violation of either: 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 a…
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, or has violated any provision of ORS 192.610 to 192.705 with intentional disregard of the law or willful misconduct, the finding is prima facie evidence of unfitness where removal is authorized …
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 ORS 192.610 to 192.705 or any provision of this chapter to any proposed transaction or action or any actual or hypothetical circumstance. …
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 ORS 192.610 to 192.705 or any provision of this chapter to any proposed transaction or action or any actual or hypothetical circumstance. Not later than 30 days after the date t…
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 ORS 192.610 to 192.705 or any provision of this chapter to any proposed transaction or action or any actual or hypothetical circumstance. Any written advice not designate…
The Oregon Government Ethics Commission shall: 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. Develop a filing, coding and cross-indexing system consistent with the purposes of this chapter. Prepare and publis…
Records of the Oregon Government Ethics Commission are public records of this state. All information submitted to the commission in any statement required under this chapter is a public record.
The Oregon Government Ethics Commission shall appoint an executive director to serve at the pleasure of the commission. 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. The executive dir…
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 unif…
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. Note: 244.330 was enacted into law by the Legislative Assembly but was not…
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.
The Oregon Government Ethics Commission Account is established separate and distinct from the General Fund. All moneys received by the Oregon Government Ethics 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 th…
The Oregon Government Ethics Commission may impose civil penalties not to exceed: Except as provided in paragraphs (b), (c) and (d) of this subsection, $5,000 for violation of any provision of this chapter or any resolution adopted under ORS 244.160. $25,000 for violation of ORS 244.045. $10,000 for willfully violating ORS 244.040. Two times the amount o…
A person who intentionally fails to file a complete and accurate statement under ORS 244.055 commits a Class C felony.
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 real…
Any civil penalty under ORS 244.350 or 244.360 shall be imposed in the manner prescribed by ORS 183.745. All penalties recovered under ORS 244.350 and 244.360 shall be paid into the State Treasury and credited to the General Fund.
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. 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 …
A person who prevails following a contested case hearing under this chapter or ORS 171.778 may be awarded reasonable attorney fees at the conclusion of the contested case or on appeal. Upon prevailing following a contested case hearing, the person may petition the Marion County Circuit Court for the purpose of determining the award of reasonable attorney fe…