Oregon Government Ethics Commission Oregon Government Ethics Commission An Overview of Oregon Government Ethics Law An Overview of Oregon Government Ethics Law

Oregon Government Ethics Law  Enacted by voters in 1974  Found in ORS Chapter 244 and OAR Chapter 199  Prohibits use of office for financial gain  Requires reports of economic interests and gifts  Requires disclosure of conflicts of interest  Enforcement of government ethics law  Sanctions for violations

Definitions  Public OfficialORS (13)  Legislative/Administrative InterestORS (8)  Actual Conflict of InterestORS (1)  Potential Conflict of InterestORS (11) 2007 Legislative Session  GiftORS (5)(a)  RelativeORS (14)

Financial Gain: General Rule ORS (1)  Prohibits use or attempted use of position or office to obtain financial gain that would not otherwise be available, but for the position or office  Avoidance of financial detriment is also “financial gain” Use of equipment/resources owned by government for personal purposes is prohibited by this provision  Examples: computers, vehicles, tools, equipment, discounts

Financial Gain Allowed Official Compensation Package Honoraria less than $50 Reimbursement of Expenses Award for Professional Achievement Gifts [To be continued]

Financial Gain: GIFTS Gift: something of economic value given to a public official (relative and member of household) without payment or other consideration [ORS (5)(a)] General Rule: Public officials & relatives can accept gifts. [ORS (2)(f)] There are restrictions if the provider has a “legislative of administrative interest” in the government entity in which the official holds a position or has authority. [ORS (2)(e)]

Gift Exceptions…  Gifts from relatives  Tokens of appreciation less than $25  Publications and subscriptions  Contributions to your legal expense defense fund  Waiver or discounted fees for continuing education  Travel expenses paid by another public official  Entertainment incidental to event or ceremonial

Food & Beverage Exception Admission provided to or the cost of food or beverage consumed Public official, a member of the household or staff of the public official when accompanying the public official. At a reception, meal or meeting held by an organization before whom the public official appears to speak or to answer questions as part of a scheduled program. -Incidental part of reception

Food, Lodging & Travel Exception Reasonable food, lodging and travel expenses when paid by… Government entity, Native American Tribe, membership organization or non-profit organizations to participate in - Convention; Fact-finding mission/trip; or Meeting where scheduled to participate - speak, panel discussion or represent government

Food, Lodging & Travel Exception Reasonable food, lodging and travel expenses to public official and a relative when… Representing the government agency on… Trade-promotion Fact-finding mission Negotiations Economic development

Conflicts of Interest  Actual Conflict of Interest ORS (1) Any action, decision, or recommendation by a public official in official capacity, the effect of which WOULD be to the private pecuniary gain or detriment of the official, relative, or business of official or relative  Potential Conflict of Interest ORS (11) Any action, decision, or recommendation by a public official in official capacity, the effect of which COULD be to the private pecuniary gain or detriment of the official, relative, or business of official or relative

Conflict of Interest: General Rule  Elected public officials and members of boards or commissions  Must publicly announce potential conflicts of interest before taking action  Must publicly announce actual conflicts of interest and refrain from discussion, debate, or voting on the issue out of which the actual conflict arises and refrain from participation

Conflicts of Interest Continued...  All other appointed (employed) public officials Must notify the appointing authority in writing of the nature of the actual or potential conflict of interest and request the appointing authority to dispose of the matter. If actual, must refrain from participation When a public official gives notice of a conflict, the conflict must be recorded in the official records of the public body Disclosure does not exempt one from violations of ORS (1)

Complaint Review Process  Preliminary Review Phase (135 days)  Investigation Phase (180 days)  Contested Case Hearing

Sanctions for Ethics Violations  Civil Penalty: $5000 maximum [ ORS ]  Forfeiture: Twice the amount of any financial benefit realized from ethics violation [ ORS ]  Letters of Reprimand, Correction or Education [ORS (5)]

Resources and Information  Advisory Opinion  Staff Opinion  Staff Advice  Telephone FAX   Website: ogec.state.or.us

Oregon Government Ethics Law THEEND