ORS 244.350 Civil penalties; letter of reprimand or explanation; personal liability for civil penalty

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 of the penalty provision for violating a nondisclosure agreement that is contained within each nondisclosure agreement entered into in violation of ORS 244.049.

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 192.610 to 192.705.

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.

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.

The commission may impose civil penalties on a person who fails to file the statement required under ORS 244.050 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 or 244.217 has occurred.

Failure to file the required statement in timely fashion is prima facie evidence of a violation of ORS 244.050 or 244.217.

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.

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.

A civil penalty imposed under this section for a violation of ORS 192.610 to 192.705 is a personal liability of each member of the governing body on whom the penalty is imposed and may not be paid for or indemnified by the governing body or public body that the member is associated with.

As used in this subsection, “governing body” and “public body” have the meanings given those terms in ORS 192.610.