There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 6, Chapters 201 - 260
ORS Chapter 244
- 244.010 Policy.
- 244.020 Definitions.
- 244.025 Gift limit.
- 244.030 [1974 c.72 24; repealed by 2007 c.865 41]
- 244.040 Prohibited use of official position or office; exceptions; other prohibited actions.
- 244.042 Honoraria.
- 244.045 Regulation of subsequent employment of public officials; lobbying by former members of Legislative Assembly.
- 244.047 Financial interest in public contract.
- 244.050 Persons required to file statement of economic interest; filing deadline.
- Note: The amendments to 244.050 by section 81a, chapter 637, Oregon Laws 2011, become operative July 1, 2012. See section 292, chapter 637, Oregon Laws 2011. The text that is operative until July 1, 2012, including amendments by section 4, chapter 68, Oregon Laws 2011, section 81, chapter 637, Oregon Laws 2011, and section 9, chapter 731, Oregon Laws 2011, is set forth for the user s convenience.
- 244.050. (1) On or before April 15 of each year the following persons shall file with the Oregon Government Ethics Commission a verified statement of economic interest as required under this chapter: (a) The Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, district attorneys and members of the Legislative Assembly. (b) Any judicial officer, including justices of the peace and municipal judges, except any pro tem judicial officer who does not otherwise serve as a judicial officer. (c) Any candidate for a public office designated in paragraph (a) or (b) of this subsection. (d) The Deputy Attorney General. (e) The Legislative Administrator, the Legislative Counsel, the Legislative Fiscal Officer, the Secretary of the Senate and the Chief Clerk of the House of Representatives. (f) The Chancellor and Vice Chancellors of the Oregon University System and the president and vice presidents, or their administrative equivalents, in each public university listed in ORS 352.002. (g) The following state officers: (A) Adjutant General. (B) Director of Agriculture. (C) Manager of State Accident Insurance Fund Corporation. (D) Water Resources Director. (E) Director of Department of Environmental Quality. (F) Director of Oregon Department of Administrative Services. (G) State Fish and Wildlife Director. (H) State Forester. (I) State Geologist. (J) Director of Human Services. (K) Director of the Department of Consumer and Business Services. (L) Director of the Department of State Lands. (M) State Librarian. (N) Administrator of Oregon Liquor Control Commission. (O) Superintendent of State Police. (P) Director of the Public Employees Retirement System. (Q) Director of Department of Revenue. (R) Director of Transportation. (S) Public Utility Commissioner. (T) Director of Veterans Affairs. (U) Executive director of Oregon Government Ethics Commission. (V) Director of the State Department of Energy. (W) Director and each assistant director of the Oregon State Lottery. (X) Director of the Department of Corrections. (Y) Director of the Oregon Department of Aviation. (Z) Executive director of the Oregon Criminal Justice Commission. (AA) Director of the Oregon Business Development Department. (BB) Director of the Office of Emergency Management. (CC) Director of the Employment Department. (DD) Chief of staff for the Governor. (EE) Administrator of the Office for Oregon Health Policy and Research. (FF) Director of the Housing and Community Services Department. (GG) State Court Administrator. (HH) Director of the Department of Land Conservation and Development. (II) Board chairperson of the Land Use Board of Appeals. (JJ) State Marine Director. (KK) Executive director of the Oregon Racing Commission. (LL) State Parks and Recreation Director. (MM) Public defense services executive director. (NN) Chairperson of the Public Employees Benefit Board. (OO) Director of the Department of Public Safety Standards and Training. (PP) Chairperson of the Oregon Student Access Commission. (QQ) Executive director of the Oregon Watershed Enhancement Board. (RR) Director of the Oregon Youth Authority. (SS) Director of the Oregon Health Authority. (TT) Deputy Superintendent of Public Instruction. (h) Any assistant in the Governor s office other than personal secretaries and clerical personnel. (i) Every elected city or county official. (j) Every member of a city or county planning, zoning or development commission. (k) The chief executive officer of a city or county who performs the duties of manager or principal administrator of the city or county. (L) Members of local government boundary commissions formed under ORS 199.410 to 199.519. (m) Every member of a governing body of a metropolitan service district and the executive officer thereof. (n) Each member of the board of directors of the State Accident Insurance Fund Corporation. (o) The chief administrative officer and the financial officer of each common and union high school district, education service district and community college district. (p) Every member of the following state boards and commissions: (A) Board of Geologic and Mineral Industries. (B) Oregon Business Development Commission. (C) State Board of Education. (D) Environmental Quality Commission. (E) Fish and Wildlife Commission of the State of Oregon. (F) State Board of Forestry. (G) Oregon Government Ethics Commission. (H) Oregon Health Policy Board. (I) State Board of Higher Education. (J) Oregon Investment Council. (K) Land Conservation and Development Commission. (L) Oregon Liquor Control Commission. (M) Oregon Short Term Fund Board. (N) State Marine Board. (O) Mass transit district boards. (P) Energy Facility Siting Council. (Q) Board of Commissioners of the Port of Portland. (R) Employment Relations Board. (S) Public Employees Retirement Board. (T) Oregon Racing Commission. (U) Oregon Transportation Commission. (V) Wage and Hour Commission. (W) Water Resources Commission. (X) Workers Compensation Board. (Y) Oregon Facilities Authority. (Z) Oregon State Lottery Commission. (AA) Pacific Northwest Electric Power and Conservation Planning Council. (BB) Columbia River Gorge Commission. (CC) Oregon Health and Science University Board of Directors. (DD) Capitol Planning Commission. (q) The following officers of the State Treasurer: (A) Deputy State Treasurer. (B) Chief of staff for the office of the State Treasurer. (C) Director of the Investment Division. (r) Every member of the board of commissioners of a port governed by ORS 777.005 to 777.725 or 777.915 to 777.953. (s) Every member of the board of directors of an authority created under ORS 441.525 to 441.595. (2) By April 15 next after the date an appointment takes effect, every appointed public official on a board or commission listed in subsection (1) of this section shall file with the Oregon Government Ethics Commission a statement of economic interest as required under ORS 244.060, 244.070 and 244.090. (3) By April 15 next after the filing deadline for the primary election, each candidate described in subsection (1) of this section shall file with the commission a statement of economic interest as required under ORS 244.060, 244.070 and 244.090. (4) Within 30 days after the filing deadline for the general election, each candidate described in subsection (1) of this section who was not a candidate in the preceding primary election, or who was nominated for public office described in subsection (1) of this section at the preceding primary election by write-in votes, shall file with the commission a statement of economic interest as required under ORS 244.060, 244.070 and 244.090. (5) Subsections (1) to (4) of this section apply only to persons who are incumbent, elected or appointed public officials as of April 15 and to persons who are candidates on April 15. Subsections (1) to (4) of this section also apply to persons who do not become candidates until 30 days after the filing deadline for the statewide general election. (6) If a statement required to be filed under this section has not been received by the commission within five days after the date the statement is due, the commission shall notify the public official or candidate and give the public official or candidate not less than 15 days to comply with the requirements of this section. If the public official or candidate fails to comply by the date set by the commission, the commission may impose a civil penalty as provided in ORS 244.350.
- Note: The amendments to 244.050 by section 9, chapter 731, Oregon Laws 2011, do not apply to the Superintendent of Public Instruction who was holding office on August 5, 2011, or a Deputy Superintendent of Public Instruction who is appointed under the authority of the Superintendent of Public Instruction who was holding office on August 5, 2011. See section 26, chapter 731, Oregon Laws 2011.
- 244.055 Additional reporting requirements for State Treasury; review; confidentiality.
- 244.060 Form of statement of economic interest; contents.
- 244.070 Additional statement of economic interest.
- 244.080 [Subsection (1) enacted as 1974 c.72 8; subsection (2) enacted as 1975 c.543 7(1); 1977 c.588 4; 1987 c.566 13; repealed by 2007 c.865 41]
- 244.090 Report on association with compensated lobbyist.
- 244.100 Statements of expenses or honoraria provided to public official.
- 244.105 [2007 c.877 23; 2009 c.68 9; renumbered 244.218 in 2009]
- 244.110 Statements subject to penalty for false swearing.
- 244.115 Filing required for member of Congress or candidate; filing date.
- 244.120 Methods of handling conflicts; Legislative Assembly; judges; appointed officials; other elected officials or members of boards.
- 244.130 Recording of notice of conflict; effect of failure to disclose conflict.
- 244.135 Method of handling conflicts by planning commission members.
- 244.160 Filing of statement of economic interest by public official of political subdivision other than city or county.
- 244.162 Information provided to persons required to file statement of economic interest.
- 244.165 Rules or policies of state agency or association of public bodies; commission approval; effect.
- 244.170 [1975 c.216 1a; repealed by 2003 c.14 117] NEPOTISM
- 244.175 Definitions for ORS 244.177 and 244.179.
- 244.177 Employment of relative or member of household; exceptions.
- 244.179 Supervision of relative or member of household; exceptions.
- 244.180 [1975 c.216 2; 1987 c.566 16; 2005 c.22 186; repealed by 2007 c.865 41]
- 244.190 [1975 c.216 3; 1987 c.566 17; 2005 c.22 187; repealed by 2007 c.865 41]
- 244.195 [1979 c.332 2; 2007 c.865 10; renumbered 244.162 in 2007]
- 244.200 [1975 c.216 5; repealed by 1983 c.350 62 (244.201 enacted in lieu of 244.200 and 244.210)]
- 244.201 [1983 c.350 63 (enacted in lieu of 244.200 and 244.210); 1995 c.712 95; repealed by 2007 c.865 41] LEGAL EXPENSE TRUST FUND
- 244.205 Legal expense trust fund; establishment; eligible legal expenses.
- 244.207 Use of fund proceeds.
- 244.209 Application to establish fund; commission review and authorization.
- 244.210 [1975 c.216 4; repealed by 1983 c.350 62 (244.201 enacted in lieu of 244.200 and 244.210)]
- 244.211 Duties of trustee.
- 244.213 Contributions to fund.
- 244.215 Fund account.
- 244.217 Statement of contributions received and expenditures made.
- 244.218 Quarterly filing of statements.
- Note: 244.218 was added to and made a part of ORS chapter 244 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 244.219 Termination of fund.
- 244.221 Disposition of moneys in terminated fund; distribution of award of attorney fees, costs or money judgment.
- 244.250 Oregon Government Ethics Commission; appointment; term; quorum; compensation; legal counsel.
- 244.255 Commission funding; rules.
- 244.260 Complaint and adjudicatory process; confidentiality; Preliminary Review Phase; Investigatory Phase; possible actions by order; report of findings; contested case procedure; limitation on commission action.
- 244.270 Findings as grounds for removal; notice to public bodies.
- 244.280 Commission advisory opinions; effect of reliance on opinion.
- 244.282 Executive director and staff advisory opinions; effect of reliance on opinion.
- 244.284 Staff advice; effect of reliance on advice.
- 244.290 General duties of commission; rules.
- Note: The amendments to 244.290 by section 9d, chapter 877, Oregon Laws 2007, become operative January 1, 2015. See section 9e, chapter 877, Oregon Laws 2007, as amended by section 25, chapter 68, Oregon Laws 2009, and section 79, chapter 630, Oregon Laws 2011. The text that is operative on and after January 1, 2015, including amendments by section 14, chapter 68, Oregon Laws 2009, is set forth for the user s convenience.
- 244.290. (1) The Oregon Government Ethics Commission shall: (a) Prescribe forms for statements required by this chapter and provide the forms to persons required to file the statements under this chapter or pursuant to a resolution adopted under ORS 244.160. (b) Develop a filing, coding and cross-indexing system consistent with the purposes of this chapter. (c) Prepare and publish reports the commission finds are necessary. (d) Make advisory opinions issued by the commission or the executive director of the commission available to the public at no charge on the Internet. (e) Accept and file any information voluntarily supplied that exceeds the requirements of this chapter. (f) Make statements and other information filed with the commission available for public inspection and copying during regular office hours, and make copying facilities available at a charge not to exceed actual cost. (g) Not later than February 1 of each odd-numbered year, report to the Legislative Assembly any recommended changes to provisions of ORS 171.725 to 171.785 or this chapter. (2) The commission shall adopt rules necessary to carry out its duties under ORS 171.725 to 171.785 and 171.992 and this chapter, including rules to: (a) Create a procedure under which items before the commission may be treated under a consent calendar and voted on as a single item; (b) Exempt a public official who is otherwise required to file a statement pursuant to ORS 244.050 from filing the statement if the regularity, number and frequency of the meetings and actions of the body over which the public official has jurisdiction are so few or infrequent as not to warrant the public disclosure; (c) Establish an administrative process whereby a person subpoenaed by the commission may obtain a protective order; (d) List criteria and establish a process for the commission to use prosecutorial discretion to decide whether to proceed with an inquiry or investigation; (e) Establish a procedure under which the commission shall conduct accuracy audits of a sample of reports or statements filed with the commission under this chapter or ORS 171.725 to 171.785; (f) Describe the application of provisions exempting items from the definition of gift in ORS 244.020; (g) Specify when a continuing violation is considered a single violation or a separate and distinct violation for each day the violation occurs; and (h) Set criteria for determining the amount of civil penalties that the commission may impose. (3) The commission may adopt rules that: (a) Limit the minimum size of, or otherwise establish criteria for or identify, the smaller classes that qualify under the class exception from the definition of potential conflict of interest under ORS 244.020; (b) Require the disclosure and reporting of gifts or other compensation made to or received by a public official or candidate; (c) Establish criteria for cases in which information relating to notices of actual or potential conflicts of interest shall, may not or may be provided to the commission under ORS 244.130; or (d) Allow the commission to accept the filing of a statement containing less than all of the information required under ORS 244.060 and 244.070 if the public official or candidate certifies on the statement that the information contained on the statement previously filed is unchanged or certifies only as to any changed material. (4) Not less frequently than once each calendar year, the commission shall: (a) Consider adoption of rules the commission deems necessary to implement or interpret provisions of this chapter relating to issues the commission determines are of general interest to public officials or candidates or that are addressed by the commission or by commission staff on a recurring basis; and (b) Review rules previously adopted by the commission to determine whether the rules have continuing applicability or whether the rules should be amended or repealed. (5) The commission shall adopt by rule an electronic filing system under which statements required to be filed under ORS 244.050 and 244.217 must be filed, without a fee, with the commission in an electronic format. (6) The commission shall make statements filed under ORS 244.050 and 244.217 available in a searchable format for review by the public using the Internet.
- 244.300 Status of records.
- 244.310 Executive director.
- 244.320 Manual on government ethics; effect of reliance on manual; revision.
- 244.330 Distribution of manual on government ethics.
- Note: 244.330 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 244 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 244.340 Continuing education program.
- 244.345 Oregon Government Ethics Commission Account.
- 244.350 Civil penalties; letter of reprimand or explanation.
- 244.355 Failure to file trading statement.
- 244.360 Additional civil penalty equal to twice amount of financial benefit.
- 244.370 Civil penalty procedure; disposition of penalties.
- 244.380 [1974 c.72 23; 1975 c.543 12; 1977 c.588 12; 1987 c.566 22; 1995 c.607 69; 2007 c.865 20; repealed by 2009 c.689 7]
- 244.390 Status of penalties and sanctions; consideration of other penalties imposed.
- 244.400 Attorney fees for person prevailing in contested case.
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