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.