ORS Chapter 244

Chapter 244 — GovernmentEthics

 

2009 EDITION

 

 

GOVERNMENTETHICS

 

PUBLICOFFICERS AND EMPLOYEES

 

GENERALPROVISIONS

 

244.010     Policy

 

244.020     Definitions

 

244.025     Giftlimit

 

244.040     Prohibiteduse of official position or office; exceptions; other prohibited actions

 

244.042     Honoraria

 

244.045     Regulationof subsequent employment of public officials; lobbying by former members ofLegislative Assembly

 

244.047     Financialinterest in public contract

 

REPORTING

 

244.050     Personsrequired to file statement of economic interest; filing deadline

 

244.055     Additionalreporting requirements for State Treasury; review; confidentiality

 

244.060     Formof statement of economic interest; contents

 

244.070     Additionalstatement of economic interest

 

244.090     Reporton association with compensated lobbyist

 

244.100     Statementsof expenses or honoraria provided to public official

 

244.110     Statementssubject to penalty for false swearing

 

244.115     Filingrequired for member of Congress or candidate; filing date

 

CONFLICTSOF INTEREST

 

244.120     Methodsof handling conflicts; Legislative Assembly; judges; appointed officials; otherelected officials or members of boards

 

244.130     Recordingof notice of conflict; effect of failure to disclose conflict

 

244.135     Methodof handling conflicts by planning commission members

 

APPLICATIONOF CHAPTER

 

244.160     Filingof statement of economic interest by public official of political subdivisionother than city or county

 

244.162     Informationprovided to persons required to file statement of economic interest

 

244.165     Rulesor policies of state agency or association of public bodies; commissionapproval; effect

 

NEPOTISM

 

244.175     Definitionsfor ORS 244.177 and 244.179

 

244.177     Employmentof relative or member of household; exceptions

 

244.179     Supervisionof relative or member of household; exceptions

 

LEGALEXPENSE TRUST FUND

 

244.205     Legalexpense trust fund; establishment; eligible legal expenses

 

244.207     Useof fund proceeds

 

244.209     Applicationto establish fund; commission review and authorization

 

244.211     Dutiesof trustee

 

244.213     Contributionsto fund

 

244.215     Fundaccount

 

244.217     Statementof contributions received and expenditures made

 

244.218     Quarterlyfiling of statements

 

244.219     Terminationof fund

 

244.221     Dispositionof moneys in terminated fund; distribution of award of attorney fees, costs ormoney judgment

 

COMMISSION

 

244.250     OregonGovernment Ethics Commission; appointment; term; quorum; compensation; legalcounsel

 

244.255     Commissionfunding

 

244.260     Complaintand adjudicatory process; confidentiality; Preliminary Review Phase;Investigatory Phase; possible actions by order; report of findings; contestedcase procedure; limitation on commission action

 

244.270     Findingsas grounds for removal; notice to public bodies

 

244.280     Commissionadvisory opinions; effect of reliance on opinion

 

244.282     Executivedirector and staff advisory opinions; effect of reliance on opinion

 

244.284     Staffadvice; effect of reliance on advice

 

244.290     Generalduties of commission; rules

 

244.300     Statusof records

 

244.310     Executivedirector

 

244.320     Manualon government ethics; effect of reliance on manual; revision

 

244.330     Distributionof manual on government ethics

 

244.340     Continuingeducation program

 

244.345     OregonGovernment Ethics Commission Account

 

ENFORCEMENT

 

244.350     Civilpenalties; letter of reprimand or explanation

 

244.355     Failureto file trading statement

 

244.360     Additionalcivil penalty equal to twice amount of financial benefit

 

244.370     Civilpenalty procedure; disposition of penalties

 

244.390     Statusof penalties and sanctions; consideration of other penalties imposed

 

244.400     Attorneyfees for person prevailing in contested case

 

GENERALPROVISIONS

 

      244.010Policy.(1) The Legislative Assembly declares that service as a public official is apublic trust and that, as one safeguard for that trust, the people require allpublic officials to comply with the applicable provisions of this chapter.

      (2)The Legislative Assembly recognizes and values the work of all publicofficials, whether elected or appointed.

      (3)The Legislative Assembly recognizes that many public officials are volunteersand serve without compensation.

      (4)The Legislative Assembly recognizes that it is the policy of the state to haveserving on many state and local boards and commissions state and localofficials who may have potentially conflicting public responsibilities byvirtue of their positions as public officials and also as members of the boardsand commissions, and declares it to be the policy of the state that the holdingof such offices does not constitute the holding of incompatible offices unlessexpressly stated in the enabling legislation.

      (5)The Legislative Assembly recognizes that public officials should put loyalty tothe highest ethical standards above loyalty to government, persons, politicalparty or private enterprise.

      (6)The Legislative Assembly recognizes that public officials should not makeprivate promises that are binding upon the duties of a public official, becausea public official has no private word that can be binding on public duty.

      (7)The Legislative Assembly recognizes that public officials should exposecorruption wherever discovered.

      (8)The Legislative Assembly recognizes that public officials should uphold theprinciples described in this section, ever conscious of the public’s trust. [1974c.72 §§1,1a; 1987 c.566 §7; 2005 c.22 §185; 2007 c.865 §28; 2009 c.68 §1]

 

      244.020Definitions.As used in this chapter, unless the context requires otherwise:

      (1)“Actual conflict of interest” means any action or any decision orrecommendation by a person acting in a capacity as a public official, theeffect of which would be to the private pecuniary benefit or detriment of theperson or the person’s relative or any business with which the person or arelative of the person is associated unless the pecuniary benefit or detrimentarises out of circumstances described in subsection (12) of this section.

      (2)“Business” means any corporation, partnership, proprietorship, firm,enterprise, franchise, association, organization, self-employed individual andany other legal entity operated for economic gain but excluding anyincome-producing not-for-profit corporation that is tax exempt under section501(c) of the Internal Revenue Code with which a public official or a relativeof the public official is associated only as a member or board director or in anonremunerative capacity.

      (3)“Business with which the person is associated” means:

      (a)Any private business or closely held corporation of which the person or theperson’s relative is a director, officer, owner or employee, or agent or anyprivate business or closely held corporation in which the person or the person’srelative owns or has owned stock, another form of equity interest, stock optionsor debt instruments worth $1,000 or more at any point in the preceding calendaryear;

      (b)Any publicly held corporation in which the person or the person’s relative ownsor 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 adirector or officer; or

      (d)For public officials required to file a statement of economic interest underORS 244.050, any business listed as a source of income as required under ORS244.060 (3).

      (4)“Candidate” means an individual for whom a declaration of candidacy, nominatingpetition or certificate of nomination to public office has been filed or whosename is printed on a ballot or is expected to be or has been presented, withthe individual’s consent, for nomination or election to public office.

      (5)“Development commission” means any entity that has the authority to purchase,develop, improve or lease land or the authority to operate or direct the use ofland. This authority must be more than ministerial.

      (6)(a)“Gift” means something of economic value given to a public official, acandidate or a relative or member of the household of the public official orcandidate:

      (A)Without valuable consideration of equivalent value, including the full orpartial forgiveness of indebtedness, which is not extended to others who arenot public officials or candidates or the relatives or members of the householdof public officials or candidates on the same terms and conditions; or

      (B)For valuable consideration less than that required from others who are notpublic officials or candidates.

      (b)“Gift” does not mean:

      (A)Contributions as defined in ORS 260.005.

      (B)Gifts from relatives or members of the household of the public official orcandidate.

      (C)An unsolicited token or award of appreciation in the form of a plaque, trophy,desk item, wall memento or similar item, with a resale value reasonably expectedto be less than $25.

      (D)Informational or program material, publications or subscriptions related to therecipient’s performance of official duties.

      (E)Admission provided to or the cost of food or beverage consumed by a publicofficial, or a member of the household or staff of the public official whenaccompanying the public official, at a reception, meal or meeting held by anorganization when the public official represents state government as defined inORS 174.111, a local government as defined in ORS 174.116 or a specialgovernment body as defined in ORS 174.117.

      (F)Reasonable expenses paid by any unit of the federal government, a state orlocal government, a Native American tribe that is recognized by federal law orformally acknowledged by a state, a membership organization to which a publicbody as defined in ORS 174.109 pays membership dues or a not-for-profitcorporation that is tax exempt under section 501(c)(3) of the Internal RevenueCode, for attendance at a convention, fact-finding mission or trip, conferenceor other meeting if the public official is scheduled to deliver a speech, makea presentation, participate on a panel or represent state government as definedin ORS 174.111, a local government as defined in ORS 174.116 or a special governmentbody as defined in ORS 174.117.

      (G)Contributions made to a legal expense trust fund established under ORS 244.209for the benefit of the public official.

      (H)Reasonable food, travel or lodging expenses provided to a public official, arelative of the public official accompanying the public official, a member ofthe household of the public official accompanying the public official or astaff member of the public official accompanying the public official, when thepublic official is representing state government as defined in ORS 174.111, alocal government as defined in ORS 174.116 or a special government body asdefined in ORS 174.117:

      (i)On an officially sanctioned trade-promotion or fact-finding mission; or

      (ii)In officially designated negotiations, or economic development activities,where receipt of the expenses is approved in advance.

      (I)Food or beverage consumed by a public official acting in an official capacity:

      (i)In association with the review, approval, execution of documents or closing ofa borrowing, investment or other financial transaction, including any businessagreement between state government as defined in ORS 174.111, a localgovernment as defined in ORS 174.116 or a special government body as defined inORS 174.117 and a private entity or public body as defined in ORS 174.109;

      (ii)While engaged in due diligence research or presentations by the office of theState Treasurer related to an existing or proposed investment or borrowing; or

      (iii)While engaged in a meeting of an advisory, governance or policy-making body ofa corporation, partnership or other entity in which the office of the StateTreasurer has invested moneys.

      (J)Waiver or discount of registration expenses or materials provided to a publicofficial or candidate at a continuing education event that the public officialor candidate may attend to satisfy a professional licensing requirement.

      (K)Expenses provided by one public official to another public official for travelinside this state to or from an event that bears a relationship to thereceiving public official’s office and at which the official participates in anofficial capacity.

      (L)Food or beverage consumed by a public official or candidate at a receptionwhere the food or beverage is provided as an incidental part of the receptionand no cost is placed on the food or beverage.

      (M)Entertainment provided to a public official or candidate or a relative ormember of the household of the public official or candidate that is incidentalto the main purpose of another event.

      (N)Entertainment provided to a public official or a relative or member of thehousehold of the public official where the public official is acting in anofficial capacity while representing state government as defined in ORS 174.111,a local government as defined in ORS 174.116 or a special government body asdefined in ORS 174.117 for a ceremonial purpose.

      (O)Anything of economic value offered to or solicited or received by a publicofficial or candidate, or a relative or member of the household of the publicofficial or candidate:

      (i)As part of the usual and customary practice of the person’s private business,or the person’s employment or position as a volunteer with a private business,corporation, partnership, proprietorship, firm, enterprise, franchise,association, organization, not-for-profit corporation or other legal entityoperated for economic value; and

      (ii)That bears no relationship to the public official’s or candidate’s holding of,or candidacy for, the official position or public office.

      (P)Reasonable expenses paid to a public school employee for accompanying studentson an educational trip.

      (7)“Honorarium” means a payment or something of economic value given to a publicofficial in exchange for services upon which custom or propriety prevents thesetting of a price. Services include, but are not limited to, speeches or otherservices rendered in connection with an event.

      (8)“Income” means income of any nature derived from any source, including, but notlimited to, any salary, wage, advance, payment, dividend, interest, rent,honorarium, return of capital, forgiveness of indebtedness, or anything ofeconomic value.

      (9)“Legislative or administrative interest” means an economic interest, distinctfrom that of the general public, in:

      (a)Any matter subject to the decision or vote of the public official acting in thepublic official’s capacity as a public official; or

      (b)Any matter that would be subject to the decision or vote of the candidate who,if elected, would be acting in the capacity of a public official.