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Oregon Government Ethics Commission

Oregon Government Ethics Commission. 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

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Oregon Government Ethics Commission

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  1. Oregon Government EthicsCommission AnOverview of Oregon Government Ethics Law

  2. 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

  3. Definitions • Public Official ORS 244.020(13) • Legislative/Administrative Interest ORS 244.020(8) • Actual Conflict of Interest ORS 244.020(1) • PotentialConflict of Interest ORS 244.020(11) 2007 Legislative Session • Gift ORS 244.020(5)(a) • Relative ORS 244.020(14)

  4. Financial Gain: General Rule ORS 244.040(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

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

  6. Financial Gain: GIFTS Gift: something of economic value given to a public official (relative and member of household) without payment or other consideration [ORS 244.020(5)(a)] General Rule: Public officials & relatives can accept gifts. [ORS 244.040(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 244.040(2)(e)]

  7. 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

  8. 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

  9. 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

  10. 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

  11. Conflicts of Interest • Actual Conflict of Interest ORS 244.020(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 • PotentialConflict of Interest ORS 244.020(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

  12. 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

  13. 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 mustbe recorded in the official records of the public body • Disclosure does not exempt one from violations of ORS 244.040(1)

  14. Complaint Review Process • Preliminary Review Phase (135 days) • Investigation Phase (180 days) • Contested Case Hearing

  15. Sanctions for Ethics Violations • Civil Penalty: $5000 maximum [ORS 244.350] • Forfeiture: Twice the amount of any financial benefit realized from ethics violation [ORS 244.360] • Letters of Reprimand, Correction or Education [ORS 244.350(5)]

  16. Resources and Information • Advisory Opinion • Staff Opinion • Staff Advice • Telephone 503-378-5105 FAX 503-373-1456 • e-mail: ogec.mail@state.or.us • Website: ogec.state.or.us

  17. Oregon Government Ethics Law THE END

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