2007 Oregon Code - Chapter 177 :: Chapter 177 - Secretary of State
Chapter 177
Secretary of State
2007 EDITION
SECRETARY OF STATE
EXECUTIVE BRANCH; ORGANIZATION
177.010 Oath
and bond
177.020 Successive
recoveries on bond
177.030 Duties
of Secretary of State
177.040 Deputy
Secretary of State
177.050 Employment
and administration of personnel; merit system; rules
177.060 Designation
of persons to sign in name of Secretary of State
177.070 Bonds
for clerks or positions
177.075 Authority
of Secretary of State to require fingerprints
177.080 Acts
of Congress and of states to be deposited in State of
177.110
177.120
177.130 Fees
of the Secretary of State
177.140 Secretary
of State Administration Division Account
177.150 Record
required for Secretary of State Miscellaneous Receipts Account
177.170 Government
Waste Hotline; acceptance of other reports; purpose; notice
177.180 Reports
received through Government Waste Hotline or by other method; confidentiality;
investigation; written determination; annual report to Legislative Assembly
177.190 Purchase
of state flags for Armed Forces by Secretary of State
177.200 Portfolio-based
management of information technology resources
177.010
Oath and bond. The Secretary
of State, before entering upon the duties of office, shall take and subscribe
the oath required by the Constitution, and give a bond, with sufficient
sureties, to the State of Oregon, in the sum of $10,000, conditioned for the
faithful discharge of the duties of office as Secretary of State and as Auditor,
and that the Secretary of State will deliver over to a successor in the office
of the Secretary of State, or to any other person authorized by law to receive
the same, all moneys, books, records and all papers pertaining to the office.
The bond shall be approved by the Governor and, together with the oath of
office, shall be preserved in the executive office. [Amended by 1977 c.366 §1]
177.020
Successive recoveries on bond.
One recovery had on the official bond given by the Secretary of State shall not
render the bond void, but the bond may be prosecuted upon a breach thereof,
from time to time, until the whole penalty is collected.
177.030
Duties of Secretary of State.
The Secretary of State shall:
(1) Keep a record of the official acts of
the Oregon Department of Administrative Services and, when required, lay the
same and all matters relative thereto before each branch of the legislature.
(2) Affix the seal of the state to, and
countersign all commissions and other official acts issued or done by the
Governor, approbation by the Governor of the laws excepted, and make a register
of such commissions, specifying to whom given or granted, the office conferred,
with the date and tenor of the commission, in a book to be provided for that
purpose.
(3) Be charged with the safekeeping of all
enrolled laws and resolutions and not permit them to be taken out of the office
or inspected, except in the presence of the Secretary of State, unless by order
of the Governor, or by resolution of one or both houses of the legislature,
under penalty of $100.
(4) Keep the office open during business
hours at all times, Sundays excepted. [Amended by 2003 c.14 §72]
177.040
Deputy Secretary of State.
The Secretary of State may appoint in writing one Deputy Secretary of State who
shall hold the office during the pleasure of the Secretary of State. The
Secretary of State is responsible for the acts of the Deputy Secretary of
State. The Deputy Secretary of State shall qualify by taking the oath of the
principal, to be indorsed upon and filed with the certificate of appointment,
and when so qualified the Deputy Secretary of State has the power to perform
any act or duty of the Secretary of State pertaining to the office. [Amended by
1981 c.528 §2]
177.050
Employment and administration of personnel; merit system; rules. (1) The Secretary of State may employ and
appoint necessary personnel, including clerks and assistants, to aid in the
performance of the duties of the office of the Secretary of State.
(2) The personnel shall be paid out of the
State Treasury, and their compensation may not exceed the appropriation of the
Legislative Assembly for the compensation.
(3) Except as provided in subsection (4)
of this section, ORS chapter 240 does not apply to the office of the Secretary
of State.
(4) ORS 240.165, 240.167, 240.240 (3) and
240.321 apply to the office of the Secretary of State.
(5) The Secretary of State shall adopt
rules, policies and procedures necessary to establish a system of personnel
administration based on merit principles. The system must include provisions
for the transfer of accumulated leave with pay between the office of the
Secretary of State and other state agencies. For employees who do not serve at
the pleasure of the Secretary of State or who are not subject to a collective
bargaining agreement, the system must provide standards for discipline and
dismissal and a process for appeal of decisions related to discipline and
dismissal.
(6) The clerks and assistants shall take
an oath to support the Oregon Constitution and faithfully to discharge the
duties of their positions. [Amended by 1955 c.287 §17; 1981 c.528 §3; 2005
c.751 §1]
177.060
Designation of persons to sign in name of Secretary of State. The Secretary of State may designate one or
more of the secretarys clerks or assistants, in the secretarys name, to sign
or countersign or sign and countersign vouchers, official acts of the Governor
or the Legislative Assembly and other papers, documents and certificates
requiring the signature of the Secretary of State. [Amended by 1981 c.528 §4;
1983 c.740 §42]
177.070
Bonds for clerks or positions.
The Secretary of State may require corporate surety bonds executed by a company
licensed to transact business in the State of
177.075
Authority of Secretary of State to require fingerprints. For the purpose of requesting a state or
nationwide criminal records check under ORS 181.534, the Secretary of State may
require the fingerprints of a person who:
(1)(a) Is employed or applying for
employment by the Secretary of State; or
(b) Provides services or seeks to provide
services to the Secretary of State as a contractor; and
(2) Is, or will be, working or providing
services in a position:
(a) In which the person is providing
information technology services and has control over, or access to, information
technology systems that would allow the person to harm the information
technology systems or the information contained in the systems;
(b) In which the person has access to
information, the disclosure of which is prohibited by state or federal laws,
rules or regulations or information that is defined as confidential under state
or federal laws, rules or regulations;
(c) That has fiscal, payroll or purchasing
responsibilities as one of the positions primary responsibilities;
(d) In which the person has responsibility
for conducting audits; or
(e) In which the person has access to
personal information about employees or members of the public including Social
Security numbers, dates of birth, driver license numbers, personal financial
information or criminal background information. [2005 c.730 §52]
177.080
Acts of Congress and of states to be deposited in State of
177.090 [Repealed by 1993 c.98 §26]
177.100 [Repealed by 1953 c.224 §4]
177.110
177.120
(2) In order to fully carry out the intent
and purposes of this section, the Secretary of State may request of any state,
district and county officials any information concerning their offices,
institutions or departments that the secretary desires to include in the Oregon
Blue Book. The officials shall furnish the information.
(3) The Secretary of State may distribute
the Oregon Blue Book free of charge, under such regulations as the secretary
may establish, to schools and to federal, state, county and city officials of
the State of
(4) The Secretary of State shall determine
a reasonable price, and charge such price, for each copy of the Oregon Blue
Book distributed to the general public. The secretary may also establish a
discount price for dealers and shall set the price for resale by dealers in
order to maintain a uniform price. The sum collected shall be paid over to the
State Treasurer and credited to the Secretary of State Miscellaneous Receipts
Account established under ORS 279A.290. [Amended by 1953 c.586 §1; 1967 s.s.
c.10 §1; 1973 c.126 §1; 1981 c.467 §1; 1991 c.169 §1; 2003 c.794 §198]
177.130
Fees of the Secretary of State.
(1) The Secretary of State shall establish a schedule of fees to be charged in
the office of the Secretary of State for furnishing a copy of, recording, or
certifying and affixing the state seal to any document; for issuing
certificates of official character; and for affixing the state seal to and
countersigning or attesting any document issued by the Governor. The fees shall
be reasonably calculated to reimburse the office for the cost thereof. No fee,
however, shall be charged for affixing the state seal and countersigning or
attesting pardons, commutations, paroles, military commissions, extradition
papers, certificates of election to state and district officers and commissions
and appointments under which the appointee receives no compensation.
(2) No member of the legislature or state
officer shall be charged any fee for any certificate or certified copy relative
to the official duties of the member or officer.
(3) This section does not apply to any
commission issued by the Governor. [Amended by 1961 c.350 §1; 1975 c.720 §1;
1981 c.11 §3]
177.140
Secretary of State Administration Division Account. There is established in the General Fund an
account to be known as the Secretary of State Administration Division Account.
All moneys received by the Secretary of State for administrative service
charges shall be deposited in the account. All moneys in the Secretary of State
Administration Division Account are appropriated continuously to the Secretary
of State for payment of expenses incurred in performing the duties and
functions of the Secretary of State that provide policy directions and
centralized support services to the divisions and boards of the agency. [1989
c.112 §5]
177.150
Record required for Secretary of State Miscellaneous Receipts Account. The Secretary of State shall cause a record
to be kept of all moneys paid into the Secretary of State Miscellaneous
Receipts Account established under ORS 279A.290. Together with other matters,
the record shall indicate, by separate account, the source from which the
moneys paid in are derived and the activity or program against which any
payment or withdrawal is charged. [1991 c.169 §4; 2003 c.794 §199]
177.170
Government Waste Hotline; acceptance of other reports; purpose; notice. (1) The Secretary of State shall establish a
toll-free telephone line that is available to public employees and members of
the public for the purpose of reporting waste, inefficiency or abuse by state
agencies, state employees or persons under contract with state agencies.
(2) In addition to establishing a
toll-free telephone line under subsection (1) of this section, the secretary
shall also accept reports of waste, inefficiency or abuse by state agencies,
state employees or persons under contract with state agencies made to the
secretary by any other method.
(3) The toll-free telephone line required
to be established under subsection (1) of this section shall be known as the
Government Waste Hotline. The secretary shall prepare written notices that
explain the purpose of the Government Waste Hotline and that prominently
display the telephone number for the Government Waste Hotline. The notice shall
be posted in all state offices. If a state office is open to members of the
public, the notice shall be posted in a place where the public is most likely
to see the notice.
(4) The secretary shall publicize the
availability of the Government Waste Hotline through print and electronic
media. [1995 c.138 §1; 2007 c.185 §1]
177.180
Reports received through Government Waste Hotline or by other method;
confidentiality; investigation; written determination; annual report to
Legislative Assembly. (1)
The Secretary of State shall designate one person employed by the Division of
Audits of the Office of the Secretary of State to be responsible for reports of
waste, inefficiency or abuse received through the Government Waste Hotline or
received by the secretary through any other method. The person designated under
this section shall log all reports received.
(2) Notwithstanding any other provision of
law, the identity of any person making a report under ORS 177.170 is
confidential. A report of waste, inefficiency or abuse received under ORS
177.170 and any resulting investigation are confidential unless the Secretary
of State finds that waste, inefficiency or abuse has occurred and reports these
findings as provided under subsection (4) of this section. If the Secretary of
State finds that waste, inefficiency or abuse has occurred, a report of waste,
inefficiency or abuse and any resulting investigation are confidential until
the investigation described in subsection (3) of this section is complete.
(3) The secretary shall conduct an initial
investigation of each report of waste, inefficiency or abuse made under ORS
177.170. Following the initial investigation, the secretary shall determine
which reports shall be investigated further and assign the investigation to
audit staff qualified to conduct waste, inefficiency and abuse investigations.
The secretary may audit any state agency if it appears that officers or
employees of the agency, or persons under contract with the agency, are
engaging in activities that constitute waste, inefficiency or abuse.
Notwithstanding subsection (2) of this section:
(a) If the secretary determines during the
investigation that a violation of any provision of ORS chapter 244 may be
occurring or may have occurred, the secretary shall notify the Oregon
Government Ethics Commission of the potential violation; and
(b) If the secretary determines during the
investigation that fraud or other criminal activity may be occurring or may
have occurred, the secretary shall notify the appropriate law enforcement
agency of the potential fraud or other criminal activity.
(4) Subject to the confidentiality
requirements of subsection (2) of this section, upon completion of an
investigation under this section:
(a) The secretary shall determine in
writing whether officers or employees of a state agency, or persons under
contract with a state agency, are engaging in activities that constitute waste,
inefficiency or abuse. The written determination may include other information
about the nature of the investigation or the secretarys determination.
(b) If the secretary finds that waste,
inefficiency or abuse has occurred, upon request of the person who made the
report under ORS 177.170, the secretary shall provide the person with a copy of
the determination and any other information included by the secretary.
(c) If the secretary determines that
officers or employees of another state agency or public body, or persons under
contract with a state agency or public body, are involved in activities that
constitute waste, inefficiency or abuse, the secretary shall notify the state
agency or public body of the determination and deliver a copy of the secretarys
findings to the agency or body.
(5) A written determination prepared by
the secretary under this section is a public record.
(6) The secretary shall prepare an annual report
and submit it to each regular session of the Legislative Assembly and to
appropriate interim committees of the Legislative Assembly. The report shall
describe the number, nature and resolution of reports made under ORS 177.170
and shall identify savings resulting from improved efficiencies or the
elimination of waste or abuse resulting from reports received and
investigations conducted under this section and ORS 177.170. The report shall
also list the number and nature of any positive reports received relating to
state agencies, state employees or persons under contract with state agencies. [1995
c.138 §2; 2007 c.185 §2]
177.190
Purchase of state flags for Armed Forces by Secretary of State. Upon written request and at the discretion
of the Secretary of State, the Secretary of State is authorized to purchase and
furnish an Oregon State Flag to units or to individual
177.200
Portfolio-based management of information technology resources. (1) The Secretary of State shall implement
portfolio-based management of information technology resources, as described in
this section, to:
(a) Ensure that the Office of the
Secretary of State links its information technology investments with business
plans;
(b) Facilitate risk assessment of
information technology projects and investments;
(c) Ensure that the office justifies
information technology investments on the basis of sound business cases;
(d) Ensure that the office facilitates
development and review of information technology performance related to
business operations;
(e) Identify projects that can cross
agency and program lines to leverage resources; and
(f) Assist in state government-wide
planning for common, shared information technology infrastructure.
(2) The Secretary of State shall integrate
strategic and business planning, technology planning and budgeting and project
expenditure processes into the Secretary of States information technology
portfolio-based management.
(3) The Secretary of State shall conduct
and maintain a continuous inventory of current and planned investments in
information technology, a compilation of information about those assets and the
total life cycle cost of those assets.
(4) The Secretary of State shall develop
and implement standards, processes and procedures for the required inventory
and for the management of the information technology portfolio.
(5) As used in this section, information
technology has the meaning given that term in ORS 184.473. [2001 c.936 §7]
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