ORS 192.685 Additional enforcement by Oregon Government Ethics Commission

Notwithstanding ORS 192.680, complaints of violations of any provision of ORS 192.610 to 192.705 alleged to have been committed by public officials may be made to the Oregon Government Ethics Commission for review and investigation as provided by ORS 244.260 and for possible imposition of civil penalties as provided by ORS 244.350.

If at any time the commission has reason to believe that there has been a violation of ORS 192.660, the commission may proceed under this section and as provided by ORS 244.260 on its own motion as if the commission had received a complaint.

A complainant may not file a complaint with the commission under this section unless the complainant has complied with the written grievance procedures described in ORS 192.705 and:

Has received a response from the public body that denies that a violation of ORS 192.610 to 192.705 occurred;

Has received a response from the public body that admits that a violation of ORS 192.610 to 192.705 occurred that the public body has failed to take adequate steps to cure; or

Has not received a response from the public body within the time prescribed for a response under ORS 192.705.

A complainant shall submit documentation of the complainant’s actions taken under ORS 192.705 and the public body’s response as described in subsection (2) of this section, if any. The commission shall dismiss any complaint filed under this section that does not satisfy the requirements of subsection (2) of this section.

If a complaint satisfies the requirements of subsection (2) of this section, the commission may interview witnesses, review minutes and other records and obtain and consider any other information pertaining to meetings of the governing body of a public body for purposes of determining whether a violation of ORS 192.610 to 192.705 occurred. Information related to an executive session conducted for a purpose authorized by ORS 192.660 shall be made available to the Oregon Government Ethics Commission for its investigation but shall be excluded from public disclosure.

If the commission chooses not to pursue a complaint of a violation brought under subsection (1) of this section at any time before conclusion of a contested case hearing, the public official against whom the complaint was brought may be entitled to reimbursement of reasonable costs and attorney fees by the public body to which the official’s governing body has authority to make recommendations or for which the official’s governing body has authority to make decisions.