OAR Chapter 199 — Oregon Government Ethics Commission

Division 1 PROCEDURAL RULES

Or. Admin. R. 199-001-0000 Notice of Proposed Rule

Prior to the adoption, amendments or repeal of any rule other than a temporary rule, the Oregon Government Ethics Commission will give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date;

(2) By mailing or e-mailing a copy of the notice to persons on the Oregon Government Ethics Commission's mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule;

(3) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule; and

(4) By mailing or e-mailing, or furnishing a copy of the notice to:

(a) Oregon Common Cause;

(b) League of Oregon Cities;

(d) Capitol Club;

(e) Oregon School Boards Association;

(f) Special Districts Association of Oregon;

(g) Confederation of Oregon School Administrators;

(h) Director, Department of Administrative Services;

(i) Capitol Press Room;

(j) Associated Press;

(k) State Court Administrator.

(5) The Oregon Government Ethics Commission may update the mailing list described in section two of this rule annually by requesting persons to confirm that they wish to remain on the mailing list. If a person does not respond to a request for confirmation within 28 days of the date the Commission sends the request, the Commission will remove the person from the mailing list. Any person removed from the mailing list will be immediately returned to the mailing list upon request, provided that the person provides a mailing address or e-mailing address to which notice may be sent.

History

Statutory/Other Authority: ORS 244.290 & 183.341
Statutes/Other Implemented: ORS 183.335 & 183.341
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
EC 8, f. & ef. 12-24-75

Or. Admin. R. 199-001-0005 Model Rules of Procedure

Pursuant to the provisions of ORS 183.341, the Oregon Government Ethics Commission adopts the Attorney General's Model Rules of Procedure, July 2019 version, as its rule of procedure.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the agency at https://www.doj.state.or.us/oregon-department-of-justice/client-resources/attorney-general-model-rules/

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 183.341
GEC 5-2021, minor correction filed 06/30/2021, effective 06/30/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
EC 1-1990, f. 7-31-90, cert. ef. 7-26-90
EC 1-1982, f. & ef. 3-2-82
EC 11, f. & ef. 7-28-76
EC 1(Temp), f. 1-2-75, ef. 1-25-75 thru 5-25-75

Or. Admin. R. 199-001-0007 Commission Funding

(1) Pursuant to ORS 244.255, the Commission will charge assessments to public bodies in state government, local governments, local service districts and special government bodies that are subject to the Municipal Audit Law:

(a) Public bodies in state government are assessed one-half of the Commission’s legislatively approved budget for the biennium, based upon their number of Full Time Equivalent (FTE) employees.

(b) Local Governments, local service districts and special government bodies that are subject to the Municipal Audit Law will be assessed the remaining half of the Commission's legislatively approved budget for the biennium, according to the criteria set out in ORS 297.485.

(2) All assessments will be collected through an annual billing from the state's Department of Administrative Services. Non-paying entities will receive a final notice that allows 30 days to remit the required payment. After 30 days, the account will be forwarded to the Oregon Department of Revenue for collection.

History

Statutory/Other Authority: ORS 244.255 & 244.290
Statutes/Other Implemented: ORS 244.255
GEC 15-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10

Or. Admin. R. 199-001-0010 Definitions, Commission Meetings and Procedures

(1) Definitions as used in this rule:

(a) “Commission” means Oregon Government Ethics Commission;

(b) “Commissioner” means a duly appointed member of the Oregon Government Ethics Commission;

(c) “Director” means the Executive Director appointed by the Commission pursuant to ORS 244.310 or a person designated by the Executive Director to carry out specific tasks;

(d) “Public Official” has the meaning given that term in ORS 244.020.

(e) “Staff” means the Executive Director and all other persons employed by the Commission.

(2) The Commission shall be governed by the statutes of the State of Oregon, these rules and the Attorney General's Model Rules of Procedure adopted under OAR 199-001-0005.

(3) The Commission has adopted the following rules of procedure:

(a) A quorum consists of five Commissioners. No decision may be made without an affirmative vote of five members. In the absence of a quorum, Commissioners present may meet to discuss any matter before the Commission, but no action shall be taken.

(b) The Commission shall vote by roll call vote on any action taken to initiate or conclude preliminary review or investigative phases, adopt any final order, or adopt an advisory opinion.

(c) The Commission may utilize a consent calendar for action on agenda items when appropriate. In preparation of the consent calendar, the Director shall group together as separate categories preliminary reviews, dismissal of a case at conclusion of investigation, stipulated final orders, and default final orders on the agenda. The Director shall also submit a recommended action for each item. Any Commissioner may request of the chair to have a matter removed from the consent calendar and considered separately. All consent calendar items not removed as such, shall be disposed of upon the motion of any Commissioner and a roll call vote.

(d) The Commission will use the following processes in making decisions:

(A) Consensus to approve meeting minutes;

(B) Voice vote of a quorum of Commissioners in all other matters.

(e) A motion does not require a second.

(f) Annually, at the last regular meeting of the Commission before January 1, the Commission shall select from its members a Chair and a Vice-Chair who shall serve until their successors are selected and qualified. The Chair or Vice-Chair may resign as such or may be removed from that position by vote of five Commissioners. If the Chair or Vice-Chair resign the position, is removed, or ceases to be a Commissioner, the position shall be vacant and a successor shall be selected at the next regular meeting of the Commission.

(g) The Chair shall preside over all meetings of the Commission. Except for final orders and advisory opinions, the Director may execute all documents that are executed in the name of the Commission. Only the Chair shall execute final orders and advisory opinions in the name of the Commission.

(h) The Vice-Chair shall act in lieu of the Chair when the Chair is absent, unable to perform the duties of the office of Chair or while the office is vacant.

(i) The Director shall serve as Secretary to the Commission.

(j) Where permitted by law and conforming to the requirement of the Public Meetings Law, ORS 192.670, the Commission may meet by means of a telephone or electronic conference.

(k) The Director, in consultation with the Chair, shall set the agenda and cause all notices of time and place of the meeting of the Commission to be given. Commissioners may request items to be placed on the agenda prior to its being distributed.

(l) All meetings of the Commission shall be open to the public unless otherwise permitted or required by statute.

(m) The agenda of meetings of the Commission shall set forth all matters expected to come before the Commission. The Agenda shall contain items in the following order:

(A) Minutes of previous meetings;

(B) A consent calendar composed of reports of investigation with dismissal recommended by staff, stipulated final orders and final orders by default;

(D) Reports of investigation with preliminary finding of violation recommended by staff;

(E) Adopt advisory opinions pursuant to ORS 171.776 and 244.280;

(F) Presentation of correspondence, publications, or any issue introduced by the Chair related to the Commission and its duties.

(n) Exercising the authority provided by ORS 192.660 and 244.260, the Commission may meet in executive session.

(o) In action on any agenda item, the Commission may dismiss any proceeding or rescind any motion.

(p) The Chair shall be responsible for order and decorum at all meetings of the Commission.

(q) The Chair may suspend or bar from further participation any person who engages in conduct which intentionally delays or disrupts commission proceedings.

(r) Parties may appear in person or be represented by attorneys who are active members of the Oregon State Bar. Others may appear before the Commission on behalf of a party with the permission of the Chair.

(s) The Chair may, at the Chair’s discretion, change the order of an agenda in order to accommodate parties appearing before the Commission or for other cause shown.

(t) Commissioners will be advised in writing by the Director or staff of the issues, perceived facts, and arguments during the preliminary review phase. An oral statement from the public official or other respondent will be permitted at the discretion of the Chair when the Commissioners are considering any matter during this phase. The Chair will determine the duration of any oral statement permitted.

(u) Oral statements by the affected public official or any other respondent, their representative or Staff may be permitted by the Chair at any consideration of a motion to move to a contested case, approval of a stipulated disposition of a matter or the adoption of any final order.

(v) The Director shall maintain complete files of all documents submitted in any matter and shall summarize for the Commissioners in an impartial and objective manner all relevant favorable and unfavorable material collected and all documents filed in the Commission's office on any matter before the Commission. At the request of any respondent or complainant any written material submitted to the Director in a timely manner will be reviewed and if the Director determines the information is relevant the material may be provided to each Commissioner for consideration. A document shall be considered filed in a timely manner if submitted in a form permitting it to be copied no less than eight business days before any meeting of the Commission in which the subject matter of the document will be an item on the agenda.

(w) Ex-parte communications with Commissioners by persons other than the staff are not permitted. Documents must be submitted to the Commission through the Director. Oral and written communications to Commissioners concerning matters pending before the Commission other than during the course of formal Commission proceedings, are ex-parte communications. Commissioners shall disclose, at a public meeting, any ex-parte communications concerning a matter prior to its consideration by the Commissioners.

(x) A subpoena authorized by ORS 244.260(6)(b) may be issued by the Chair, Vice-Chair, or Director:

(A) The subpoena may require a person to testify and produce information concerning a matter which is not privileged and which is relevant to an investigation of the Commission including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things, and the identity and location of persons having knowledge of any discoverable matter. It is not grounds for objection that the information sought will be inadmissible at a hearing pursuant to ORS 183.413 et seq. if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

(B) Upon motion by the person subpoenaed, and for good cause shown, the Commission may make any order that justice requires to protect the person subpoenaed from annoyance, embarrassment, oppression or undue burden or expense, including one or more of the following:

(i) That the inquiry not be had;

(ii) That the inquiry may be had only on specified terms and conditions, including a designation of the time or place;

(iii) That certain matters not be inquired into, or that the scope of the inquiry be limited to certain matters;

(iv) That the inquiry be conducted with no one present except persons designated by the Commission; or

(v) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way.

(C) A motion for a protective order under this subsection shall be in writing filed with the Director and heard by the Chair, or in the absence of the Chair, the Vice-Chair, within three business days of the date filed. If the motion for a protective order is denied in whole or in part by the Chair or Vice-Chair, the person making the motion may within three business days thereafter request that the full Commission hear and decide the motion which shall occur within ten business days.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.250, 244.260, 244.290 & 244.310
GEC 15-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 3-2016, f. & cert. ef. 11-17-16
GEC 1-2016, f. & cert. ef. 6-1-16
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
EC 1-1993, f. & cert. ef. 4-22-93

Or. Admin. R. 199-001-0030 Advisory Opinions

(1) The Oregon Government Ethics Commission may, upon the written request of any person, or upon its own motion, issue opinions on the requirements of ORS Chapter 244, and ORS 171.725 to 171.785.

(2) The Oregon Government Ethics Commission will issue an Advisory Opinion based on real or hypothetical facts or circumstances but not upon actual events that have already occurred.

(3) The Oregon Government Ethics Commission shall issue an Advisory Opinion only after approval from a majority of Commissioners at a regular meeting of the Commission.

(4) An Advisory Opinion shall contain:

(a) A short and plain statement of the real or hypothetical facts or circumstances on which it is based;

(b) Relevant statutes;

(d) A short and plain statement of the opinion of the Commission based on the real or hypothetical facts in answer to the question. The opinion of the Commission may cite relevant statutes of the State of Oregon, opinions of the Oregon appellate courts, opinions of the Attorney General of Oregon, and previous opinions of the Oregon Government Ethics Commission;

(e) A typed notice in uppercase letters not less than 10 point that states the following:

“THIS OPINION IS ISSUED BY THE OREGON GOVERNMENT ETHICS COMMISSION PURSUANT TO (INSERT ORS 171.776 OR ORS 244.280). EXCEPT AS OTHERWISE PROVIDED IN (INSERT CHAPTER 244 OR ORS 171.725 TO 171.785), THE COMMISSION MAY NOT IMPOSE A PENALTY UNDER ORS 244.350 OR 244.360 FOR ANY GOOD FAITH ACTION OR TRANSACTION TAKEN IN RELIANCE ON THIS ADVISORY OPINION.THIS OPINION IS LIMITED TO THE FACTS SET FORTH HEREIN. OTHER LAWS OR REGULATIONS NOT WITHIN THE JURISDICTION OF THE COMMISSION MAY ALSO APPLY.”

(5) All draft Advisory Opinions shall be reviewed and signed by the Commission's legal counsel before being submitted to the Commission for adoption.

(6) When issued, an Advisory Opinion shall be assigned a sequential number. Thereafter, the Opinion may be cited as "Oregon Government Ethics Commission Advisory Opinion No. ______".

(7) An Advisory Opinion of the Oregon Government Ethics Commission shall have precedential effect. A person shall not be liable under ORS Chapter 244 or under 171.725 to 171.785 for any good faith action or transaction carried out according to an Advisory Opinion of the Oregon Government Ethics Commission.

(8) In addition to an Advisory Opinion of the Oregon Government Ethics Commission, the Director may issue informal written opinions of the staff on actual or hypothetical facts or circumstances when requested by any person. The informal written opinion of the Director shall have no precedential effect and the Oregon Government Ethics Commission shall not be bound by any informal written opinion of the Director. The opinion of the Director shall be clearly labeled as such and that it is not issued under authority of the Commission, but is only the informal opinion of the Director. At the next regular meeting of the Commission, all informal written opinions of the Director shall be reported to the Commission and the Commission on its own motion may thereafter issue an Advisory Opinion of the Commission on the same facts or circumstances.

(9) The issuance of an advisory opinion by the Oregon Government Ethics Commission is at its discretion and the failure of the Commission to issue an Advisory Opinion shall have no precedential effect.

History

Statutory/Other Authority: ORS 244.290 & 171.776
Statutes/Other Implemented: ORS 244.280(3), 244.282 & 244.284
GEC 15-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 1-2016, f. & cert. ef. 6-1-16
GEC 4-2010, f. & cert. ef. 8-4-10
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
EC 1-1993, f. & cert. ef. 4-22-93

Division 5 GIFTS

Or. Admin. R. 199-005-0001 Definitions

The following definitions are provided for words or terms as they are used in ORS Chapter 244, especially in the exceptions to the definition of a gift in ORS 244.020(7)(b):

(1) “Entertainment” means amusement or diversion. Entertainment may be provided by others (such as athletes at sporting events) but also includes events where the public official, relative, or member of household personally participates. Examples of entertainment include, but are not limited to concerts, plays, movies, operas, sporting events, participating in sports (golf, skiing, hunting or fishing, etc), comedy shows, and similar events.

(2) A “fact finding mission or trip” is any activity related to a cultural or educational purpose, or any activity aimed at providing intergovernmental assistance, such as for the purpose of international aid or sharing best practices, or developing intergovernmental relationships directly related to the public official's duties. The sponsor of a fact finding mission should be directly and immediately associated with the event or location being visited.

(3) “Incidental” means secondary or minor, but associated to something more important. Anything with financial value provided in conjunction with a primary event but of secondary in importance to the time and attention to the main purpose of the event is incidental.

(4) A “Meeting” is an event that includes multiple attendees who are members of an organization or members of the general public who have been invited to the event. The purpose or agenda for the meeting would be included in any advance notice of the event.

(5) "Official capacity" means that the public official attends an activity while engaged in duties or responsibilities that are customary to their office or position.

(6) “Organization” means any public body, corporation, partnership, proprietorship, firm, enterprise, franchise, association, trust, or other entity other than an individual.

(7) “Representing Government” means that a public official is representing a state or local government or a special government body when the public official attends an event on behalf of the government agency. The following examples are offered to illustrate the meaning of “representing government,” but are not meant to be the only circumstances that would define representing government:

(a) A fire chief attends an event to honor protection services representatives and attends on behalf of the station in an official capacity.

(b) A department manager attends a conference being sponsored by a vendor that has in the past sold products to the agency in which the manager is employed. The manager’s official duties include the responsibility of attending conferences on behalf of the governing body.

(c) An executive director for a state agency attends ceremonial events; the director’s official duties include representing the agency at such events.

(d) A state employee who works in the IT department whose responsibilities include reviewing and recommending software attends a workshop on software applications held by a professional membership organization.

(e) A planning commissioner speaks to a non-profit organization on behalf of the county planning department.

(f) A volunteer for a city park department attends an event representing the department at a meeting to discuss issues surrounding volunteerism.

(g) A legislator attends an event being sponsored by a Native American tribe on behalf of a legislative committee on which the legislator serves.

(h) A city councilor attends the local chamber of commerce breakfast.

(8) “Reception” means a social gathering. Receptions are often held for the purpose of extending a ceremonial or formal welcome and may include private or public meetings during which guests are honored or welcomed. Food and beverages are often provided, but not as a plated, sit-down meal.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.020, 244.025, 244.040 & 244.060
GEC 1-2021, minor correction filed 06/29/2021, effective 06/29/2021
GEC 2-2010, f. 3-12-10, cert. ef. 3-15-10

Or. Admin. R. 199-005-0003 Legislative or Administrative Interest Defined in ORS 244.020

(1) If the source of a gift has a legislative or administrative interest, any gift offered to a public official or candidate, a relative or member of a public official’s or candidate’s household, may only be offered and accepted under conditions set forth as permitted in ORS Chapter 244. If, however, the source of a gift does not have a legislative or administrative interest, gifts are not restricted or prohibited.

(2) “Decision” as used in ORS 244.020(10)(a) and (b) means an act that commits the public body to a particular course of action within the public official’s scope of authority and that is connected to the source’s economic interest. A decision is not a recommendation or work performed in an advisory capacity. The following examples illustrate the types of acts that are considered to be “decisions”:

(a) An employee makes a decision when issuing or denying a permit.

(b) An enforcement employee makes decisions on whether to cite, warn or arrest.

(d) An employee who commits their public body’s funds for goods and services, such as office supplies, makes a decision.

(e) Should a chief executive officer, director or manager with authority to make a final decision on a matter delegate the decision to a subordinate, the chief executive officer, director or manager would retain responsibility as the final decision maker. The subordinate has also made a decision.

(3) As required by ORS 244.050, any public official or candidate who completes an Annual Verified Statement of Economic Interest (SEI) form will apply the meaning of “decision” in OAR 199-005-0003(2) when identifying a legislative or administrative interest held by any creditor, debtor, business or person, or entity that paid a service fee when listing the information required by ORS 244.060 and 244.070.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.020, 244.025, 244.040 & 244.060
GEC 2-2021, minor correction filed 06/29/2021, effective 06/29/2021
GEC 2-2010, f. 3-12-10, cert. ef. 3-15-10
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10

Or. Admin. R. 199-005-0005 Determining the Value Received by Public Officials

(1) Purpose. The purpose of this rule is to guide public officials, candidates and others in determining the value of items or services received by public officials to ensure accurate reporting in ORS 244.060 and to comply with gift and honoraria limits in 244.025 and 244.042.

(2) The fair market value of the merchandise, goods, or services received shall be used to determine benefit or value. Fair market value is the dollar amount goods or services would bring if offered for sale by a person who desired, but was not obligated, to sell and purchased by one who is willing, but not obligated, to buy.

(a) In calculating the benefit or value conferred to a public official, any portion of the benefit transferred to an entity that is tax-exempt under section 501(c) of the Internal Revenue Code shall not be included as part of the benefit or value to the public official, if the public official does not claim the charitable contribution on personal tax returns.

(b) In calculating the per person cost at receptions or meals, the payer of the public official's admission or meal shall include all costs other than any amount donated to a charity.

(c) The following example demonstrates how the value of a charitable dinner would be calculated. A person with a legislative or administrative interest buys a table for a charitable dinner at $100 per person. If the cost of the meal was $25 and the amount donated to charity was $75, the benefit conferred on the public official is $25. This example requires that the public official does not claim the charitable contribution on personal tax returns.

(3) For receptions and meals with multiple attendees, but with no price established to attend, the source of the public official's meal or reception shall use reasonable methods to determine the per-person value or benefit conferred. The following examples are deemed reasonable methods of calculating value or benefit conferred:

(a) The source divides the amount spent on food, beverage and other costs (other than charitable contributions) by the number of persons whom the payer reasonably expects to attend the reception or dinner;

(b) The source divides the amount spent on food, beverage and other costs (other than charitable contributions) by the number of persons who actually attend the reception or dinner; or

(4) Upon request by the public official, the source shall give notice of the value of the merchandise, goods, or services received.

(5) Attendance at receptions that qualify as an exception to the gift definition under ORS 244.020(7)(b)(L) is permitted without regard to the fair market value of the food and beverage provided.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.020, 244.025, 244.042 & 244.100
GEC 3-2021, minor correction filed 06/29/2021, effective 06/29/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
GEC 2-2008, f. & cert. ef. 3-7-08

Or. Admin. R. 199-005-0010 Resale Value of Unsolicited Tokens or Awards

(1) The purpose of this rule is to assist public officials in determining the resale value of items provided under ORS 244.020( 7 [6] )(b)(C).

(2) Engraved or otherwise personalized items that include a public official's name are deemed to have a resale value under $25, unless the personalized item is made from gold or some other valuable material that would have value over $25 as a raw material.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.020
GEC 4-2021, minor correction filed 06/29/2021, effective 06/29/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
GEC 2-2008, f. & cert. ef. 3-7-08

Or. Admin. R. 199-005-0015 Attendance at Receptions, Meals or Meetings under ORS 244.020(7)(b)(E)

The purpose of this exception is to allow public officials to attend organized, planned events and engage with the members of organizations when representing state government as defined in ORS 174.111, a local government as defined in 174.116 or a special government body as defined in 174.117. This exception to the gift definition does not authorize private meals where the participants engage in discussion. The following list of factors may indicate whether paid expenses may be accepted under this exception:

(1) A large number of people or groups are invited. For example, all members of an organization are invited.

(2) The invitations or programs are sent in advance.

(3) The event is publicized.

(4) The reception, meal, or meeting is open to the public.

(5) Written materials such as a printed program are available.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.020
GEC 6-2021, minor correction filed 06/30/2021, effective 06/30/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
GEC 2-2008, f. & cert. ef. 3-7-08

Or. Admin. R. 199-005-0020 Gift Exceptions in ORS 244.020(7)(b)(F) and (H)

(1) The purpose of this rule is to provide clarification for these gift exceptions that permit public officials to accept payment of reasonable expenses while in their official capacity. The exceptions are for certain limited purposes. Travel that meets the requirements of ORS 244.020(7)(b)(F) or (H) and this rule may be either within the United States or international.

(2) As provided in ORS 244.020(7)(b)(F) the expenses offered to and accepted by a public official may only be accepted by a public official and not relatives or members of the public official’s household.

(a) The event in which the public official participates may be a convention, fact-finding mission or trip or other meeting and the public official must be representing government, making a speech, participating in a panel discussion or making a presentation. “Speech” means to give a formal address. Self introductions or other perfunctory remarks do not constitute speaking for purposes of this exception. “Panel discussion” means to engage in a formal discussion with other members of the panel or audience. To “make a presentation” may range from presenting prepared remarks on a topic to a brief statement when giving an award.

(b) The source of the payment for a public official’s expenses must provide the public official with a written notice that includes the aggregate sum paid for the expenses over $50 as required in ORS 244.100.

(c) Any public official who is required to file the Annual Verified Statement of Economic Interest form with this Commission must report the expenses paid on the public official’s behalf and provide the details for the event on the form as required by ORS 244.060.

(3) As provided in ORS 244.020(7)(b)(H), when a public official is representing government, expenses may be offered to and accepted by the public official. Payment of expenses may also be offered to and accepted by a public official’s relatives, members of the public official’s household and members of the public official’s staff. The following conditions must be met before the offer of paid expenses may be made to and accepted by a public official:

(a) The purpose for the activity must be for either an officially sanctioned trade promotion or fact-finding trip/mission or for officially designated negotiations or economic development activities.

(b) “Officially sanctioned or officially designated” means written approval by a state or local public body or by a person authorized by the public body to provide that approval. When the activity is officially designated as negotiations or economic activity, the written notice will include approval for the public official to accept the payment of reasonable expenses. Unless the public body determines otherwise, the written notice from the following is sufficient to constitute an officially sanctioned or officially designated activity under ORS 244.020(7)(b)(H):

(A) A supervisor;

(B) A governing body of a public body;

(C) The President of the Senate, Speaker of the House, the designated majority or minority leaders of either chamber or appointed committees of the Legislative Assembly for any elected member;

(D) Elected state officials holding the positions of Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, and Superintendent of Public Instruction have authority to officially sanction or designate events for themselves;

(E) Elected state court judges and district attorneys have authority to officially sanction or designate events for themselves;

(F) Elected county sheriffs, surveyors, treasurers, assessors and justices of the peace have authority to officially sanction or designate events for themselves;

(G) The chief administrators of state executive departments, commissions or boards have authority to officially sanction or designate events for themselves;

(H) The chief administrator of a city or county government or a special district has authority to officially sanction or designate events for themselves.

(c) “Trade Promotion” means an activity for the purpose of encouraging or developing commerce or the buying and selling of goods and services.

(d) “Economic Development Activities” mean activities undertaken for the purpose of strengthening, expanding, or enhancing the economy, or activities that provide community development or cultural enhancement. Specific activities include, but are not limited to: promoting tourism; promoting a favorable investment climate to strengthen businesses; creating jobs; raising real wages; assisting Oregon communities to build a capacity to retain, expand or attract business; improving national and global competitiveness of Oregon companies; improving transportation access; and marketing products, services, or opportunities.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.020
GEC 7-2021, minor correction filed 06/30/2021, effective 06/30/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
GEC 2-2008, f. & cert. ef. 3-7-08

Or. Admin. R. 199-005-0025 Entertainment Permitted Under ORS 244.020(7)(b)(M) and (N)

(1) Entertainment is incidental when it is secondary to the main purpose of the primary event and provided in conjunction with the primary event (such as a singer or band at an awards dinner). Incidental entertainment is secondary in importance and in time devoted to the entertainment compared to the primary, non-entertainment event. Entertainment that involves personal participation is not incidental to another event (such as a golf tournament at a conference).

(2) Entertainment is ceremonial when a public official appears at an entertainment event for a “ceremonial purpose” at the invitation of the source of the entertainment who requests the presence of the public official at a special occasion associated with the entertainment. Staff members accompanying a public official may also attend if they are performing official duties. An example of an appearance by a public official at an entertainment event for a ceremonial purpose includes, but is not limited to, throwing the first pitch at a professional or college baseball game, appearing in a parade, and ribbon cutting for an opening ceremony. To qualify, the entertainment must be provided by the source of the entertainment, and the public official must have an official role in the entertainment event.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.0020
GEC 8-2021, minor correction filed 06/30/2021, effective 06/30/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
GEC 2-2008, f. & cert. ef. 3-7-08

Or. Admin. R. 199-005-0027 Usual and Customary Practice as used in ORS 244.020(7)(b)(O)

(1) The purpose of this rule is to clarify the exception in ORS 244.020(7)(b)(O) that permits public officials and candidates or a relative or household member of a public official or candidate to accept or solicit anything of economic value when provided 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 entity operated for economic gain and the offer or solicitation bears no relationship to the public official’s or candidate’s holding of, or candidacy for, the official position or public office.

(2) “Usual and customary practice” means an offer that is part of a historical or established custom. Such offers are long standing traditions that embody ordinary or expected practices resulting in economic benefits for those that are not public officials or candidates. As this term is used in ORS 244.020(7)(b)(O), anything of economic value offered or solicited as a “usual and customary practice” must bear no relationship to a public position or office held by the public official or candidate. Examples of usual and customary practice may include:

(a) A pharmacist is elected and becomes a member of the Oregon Legislative Assembly. In the past, as with other pharmacists, the pharmacist and her spouse were invited to dinners hosted by representatives of pharmaceutical manufacturers to discuss products and services. The pharmacist, now a legislator, and her spouse would be able to continue the usual and customary practice of accepting or soliciting these paid expenses for meals received in the practice of her private employment as long as the offer or solicitation bears no relationship to the position held in the Oregon Legislative Assembly and is made to other pharmacists who are not public officials.

(b) A member of the board of directors for a local chapter of a not-for-profit corporation is elected to the city council. For the past 15 years the local chapter has provided all board members and their spouses paid food, lodging and travel expenses to attend an annual leadership retreat. The board member, now a city councilor, and his spouse would be able to continue with the other board members in the usual and customary practice of accepting or soliciting these paid expenses for food, lodging and travel expenses in the conduct of his volunteer duties as long as the offer or solicitation bears no relationship to the position held as a city councilor and is made to other board members who are not public officials.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.020(7)(b)(O)
GEC 14-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10

Or. Admin. R. 199-005-0030 Determining the Source of Gifts

(1) ORS 244.025 and 244.040(2)(e) limit the receipt of gifts from sources that could reasonably be known to have a legislative or administrative interest in the vote or decision of the public official who holds any official position or office. This rule is intended to clarify how a public official determines who the source of the gift is. Public officials need to be aware of the source of any gifts they receive (or those that are received by their relatives or members of their household), regardless of amount, to make sure that they comply with the $50 limit on gifts from a single source in a calendar year. To that end, public officials should not accept gifts in any amount without obtaining information from the person or entity offering the gift as to who is the source of the gift. It is the public official's personal responsibility to ensure that no single source provides gifts exceeding an aggregate value of $50 in a calendar year, if the source has a legislative or administrative interest.

(2) The source of any gift provided to a public official is the ultimate payer(s) of the expense.

(3) The $50 gift limit in ORS 244.025 applies separately to the public official or candidate, and to the public official or candidate's relatives or members of household. Each such individual may accept gifts from a single source of a total of $50 per calendar year.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.025 & 244.040
GEC 14-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 4-2010, f. & cert. ef. 8-4-10
GEC 2-2008, f. & cert. ef. 3-7-08

Division 8 COMPLIANCE AND SANCTIONS

Or. Admin. R. 199-008-0005 Definitions of terms in ORS Chapter 244

(1) The purpose of this rule is to define certain terms and to clarify substantive provisions of ORS Chapter 244.

(2) The term “official duties” means that the public official's actions are directly related to serving the state of Oregon or any of its political subdivisions or any other public body as a public official.

(3) The term “official compensation package” means the wages and other benefits provided to the public official. To be part of the public official's “official compensation package”, the wages and benefits must have been specifically approved by the public body in a formal manner, such as through a union contract, an employment contract, or other adopted personnel policies that apply generally to employees or other public officials. “Official compensation package” also includes the direct payment of a public official's expenses by the public body, in accordance with the public body's policies.

(4) The term “reimbursement of expenses” means the payment by a public body to a public official serving that public body, of expenses incurred in the conduct of official duties on behalf of the public body. Any such repayment must comply with any applicable laws and policies governing the eligibility of such repayment. Expenses paid by the public body to their own public officials need not be reported by the public official under ORS 244.060.

(5) “Confidential information” means any record that is exempt from public disclosure or inspection under state law, or any information obtained in the course of or by reason of holding position as a public official that is not publicly disclosed. The record or information is no longer confidential if it has been voluntarily disclosed by the public body, or been disclosed through a public records disclosure order or court order.

(6) As used in ORS 244.047, a public contract is “authorized by” a public official if the public official performed a significant role in the selection of a contractor or the execution of the contract. A significant role can include recommending approval or signing of the contract, including serving on a selection committee or team, or having the final authorizing authority for the contract.

(7) As defined in ORS 244.020(15), a public official includes anyone serving the State of Oregon or any of its political subdivisions or any other public body in any of the listed capacities, including as an “agent.” An “agent” means any individual performing governmental functions. Governmental functions are services provided on behalf of the government as distinguished from services provided to the government. This may include private contractors and volunteers, depending on the circumstances. This term shall be interpreted to be consistent with Attorney General Opinion No. 8214 (1990).

(8) “Ministerial Acts” as used in ORS 244.177 means any act that a public official may take in the ordinary course of performing their official duties that has no financial impact on a relative or household member who seeks employment with, is employed by, or who otherwise serves the same public body. Such acts may include taking meeting minutes, notarizing documents, taking messages, filing or duplicating documents.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.020, 244.047, 244.040, 244.042, 244.177 & 244.045
GEC 13-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 9-2021, renumbered from 199-005-0035, filed 07/29/2021, effective 07/30/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
GEC 2-2008, f. & cert. ef. 3-7-08

Or. Admin. R. 199-008-0008 Policy Specifying when a Public Official acting in an Official Capacity may Directly Supervise a Relative or Member of Household under ORS 244.179

(1) The purpose of this rule is to provide guidance to a public body in creating and adopting a policy that specifies when a public official acting in an official capacity may directly supervise a person who is a relative or member of the household of the public official.

(2) A policy that specifies when a public official acting in an official capacity may directly supervise a relative shall be in writing and shall be formally adopted by the public body that the public official serves.

(3) A policy that specifies when a public official acting in an official capacity may directly supervise a relative shall comply with the other provisions of ORS Chapter 244. Any such policy shall provide for delegation to another person of any task that would constitute a prohibited use of office for financial gain pursuant to ORS 244.040(1) or a conflict of interest pursuant to ORS 244.120. The policy shall provide a method that complies with ORS 244.120 for the supervising public official to handle conflicts of interest when called upon to take actions or make decisions or recommendations regarding the financial interests of the relative or member of household who is being supervised. Examples of tasks that might constitute prohibited use of office or a conflict of interest if performed by a public official for a relative or member of household who the public official was supervising may include:

(a) Performing or approving an annual review or performance evaluation

(b) Signing a paycheck for a relative or member of household

(d) Assigning shifts where there is discretion as to number of hours, differential pay rates, locations or overtime

(e) Approving overtime or expenses

(4) Nothing in this rule shall be construed to allow a public official to perform any of the tasks prohibited by ORS 244.177 regarding employing a relative or member of household. ORS 244.177(1)(a) prohibits a public official, except as otherwise provided, from appointing, employing or promoting a relative or member of the household to, or discharging, firing, or demoting a relative or member of the household from, a position with the public body that the public official serves or over which the public official exercises jurisdiction or control, unless the public official complies with the conflict of interest requirements of ORS Chapter 244. ORS 244.177(1)(b) prohibits a public official from participating as a public official in any interview, discussion or debate regarding the appointment, employment or promotion of a relative or member of the household to, or the discharge, firing or demotion of a relative or member of the household from, a position with the public body that the public official serves or over which the public official exercises jurisdiction or control. For further definitions and exceptions, see ORS 244.177.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.179
GEC 9-2021, renumbered from 199-005-0080, filed 07/29/2021, effective 07/30/2021
GEC 4-2016, f. & cert. ef. 11-17-16

Or. Admin. R. 199-008-0014 Guidelines on How Multiple Violations Will Be Charged

The Commission will identify each action that appears to constitute a violation of ORS Chapter 244 and when multiple violations are committed will charge them in the following manner:

(1) When a public official appears to have committed two or more violations by multiple equivalent actions, the Commission will charge the public official with a single violation and count the repeated actions using the number of the equivalent acts as aggravating factors when imposing any sanction. The following examples are offered to illustrate this rule and not meant to limit its application:

(a) Each occasion a public official uses the government agency’s equipment (vehicle, tractor, chainsaw, trailer, etc.) for personal purposes could be a distinct violation of ORS 244.040(1). If a public official makes equivalent personal use of the agency’s equipment on two or more occasions, the multiple violations will be combined into the charge of one violation with each additional personal use of equipment being counted as an equivalent action.

(b) Each occasion a public official uses the government agency’s resources (storage space, fuel, cash or other financial transactions, internet connection, computer, etc.) for personal purposes could be a violation of ORS 244.040(1). If a public official makes equivalent personal use of the agency’s resources on two or more occasions, the multiple violations will be combined into the charge of one violation with each additional personal use of the resource being counted as an equivalent action.

(c) Each time a public official is met with an actual or potential conflict of interest, as defined in ORS 244.020, and fails to disclose the nature of the conflict the public official could violate 244.120. If a public official, under similar circumstances, fails to disclose the nature of the same conflict of interest on two or more occasions, the multiple violations will be combined into the charge of one violation with each additional failure to disclose the nature being counted as an equivalent action.

(2) When two or more single violations are charged as one violation, each additional violation by this rule will be counted as equivalent acts. Each of the equivalent acts will be identified as an aggravating factor and included in the calculation of any assessment of a civil penalty or forfeiture that would constitute a sanction as setout in OAR 199-008-0015.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.290, 244.390, 244.370 & 244.350
GEC 13-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 9-2021, renumbered from 199-001-0014, filed 07/29/2021, effective 07/30/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10

Or. Admin. R. 199-008-0015 Oregon Government Ethics Commission Guidelines on Sanctions

(1) The Commission will identify alleged violations of statutes or rules within the Commission’s jurisdiction during the preliminary review phase or by preliminary finding of violations at the end of an investigative phase. This rule will standardize the method for setting sanctions to be imposed when a matter before the Commission is to be concluded by a stipulated final order, final order or a final order by default.

(2) TABLE A lists the factors that the staff and Commission may consider as mitigating or aggravating any violation of Oregon Government Ethics law in ORS Chapter 244, Oregon Lobbying Regulation in ORS Chapter 171 or Oregon Public Meetings Law in ORS Chapter 192.

(a) Points will be assigned from the factors listed in TABLE A. A total of the points assigned will be calculated.

(b) The total of the points assigned from TABLE A will be applied to TABLE B to determine the type and severity of any sanction imposed.

(A) If the point total indicates a civil penalty, TABLE B will be used to determine the percentage of the maximum civil penalty that may be imposed.

(B) If forfeiture is available as a sanction, TABLE B will be used to determine the percentage of the maximum forfeiture that may be imposed.

(3) If there are aggravating or mitigating factors that are not listed in TABLE A, the director will prepare a summary of those factors for the Commission to consider. The Commission may exercise its discretion to deviate from the calculated sanctions from TABLE B and modify the civil penalty or the forfeiture. Any deviation from the calculated sanctions from TABLE B must be made part of the record of a case, either through an oral or written statement.

(4) Possible aggravating or mitigating factors that may be considered in an upward or downward deviation from the calculated sanctions are: the responsibilities of the position held by the person at the time of the violation, a demonstrated acknowledgment of the violation and willingness to be educated, or an attempt to deny responsibility or cover up the conduct.

(5) This rule does not apply in cases where the sanction is limited under ORS 244.280, 244.282, 244.284, 244.320 or 244.350. This rule also does not apply to sanctions imposed by the Commission for the late filing of reports required by ORS 244.050(2) to (4) or 171.752.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.290, ORS 244.390, ORS 244.370, ORS 244.350, ORS 244.280, ORS 244.282, ORS 244.320 & ORS 244.360
GEC 1-2024, amend filed 09/24/2024, effective 10/01/2024
GEC 13-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 9-2021, renumbered from 199-001-0015, filed 07/29/2021, effective 07/30/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10

Or. Admin. R. 199-008-0020 Settlement

(1) The Oregon Government Ethics Commission encourages the settlement of a case by stipulated final order. As used in this rule, a stipulated final order is an agreement between the Commission and the party which resolves all of the issues pending in the matter.

(2) The stipulated final order shall be in writing and shall be signed by the person who is the subject of a complaint or against whom an investigation has commenced or by the attorney representing such person, if any, before being submitted to the Commission.

(3) The stipulated final order shall contain a short and plain:

(a) Statement of the nature of the complaint and the basis of the jurisdiction of the Oregon Government Ethics Commission;

(b) Statement of all agreed facts and of all facts, if any, that are not agreed;

(d) Statement that both the commission and respondent have had an opportunity to seek the advice of counsel;

(e) Statement of the effect of the agreement including that it is subject to final approval of the Government Ethics Commission, and that it is binding upon both parties and that the respondent waives the right to a contested case hearing and waives the right to judicial review.

(4) The stipulated final order is a final order of the Commission.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.260
GEC 9-2021, renumbered from 199-001-0020, filed 07/29/2021, effective 07/30/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
EC 1-1993, f. & cert. ef. 4-22-93

Or. Admin. R. 199-008-0035 Criteria and Procedures for Exercise of Prosecutorial Discretion

(1) The purpose of this rule is to establish how the Commission decides whether to proceed with a preliminary review, investigation, or contested case hearing involving a potential violation of ORS Chapter 244, 171.725 to 171.785 or 192.660, or any administrative rule adopted by the Commission (collectively, matters within the Commission's jurisdiction).

(2) All complaints from members of the public concerning alleged violations of matters within the Commission's jurisdiction shall be submitted to the Commission's staff in written form and signed with the person's true name. No anonymous complaints or oral complaints will be accepted. Complaints may be made and signed electronically via the Commission’s webpage, https://www.oregon.gov/ogec/public-records/Pages/How-to-File-a-Complaint.aspx.

(3) The Director shall review each submitted complaint within 2 business days of its receipt to determine if the matters alleged come within the Commission's jurisdiction, if the matters alleged occurred within four years of the date submitted, and if the complaint contains enough specific information to warrant further review. If the Director determines that the complaint contains allegations without any corroborative information, the Director shall, within 10 days of the complaint's receipt, notify the person filing the complaint that the complaint lacks sufficient information to warrant further review. If the Director is able to determine the nature of additional information that would enable the Commission to pursue the matter, the person filing the complaint shall likewise be also notified and a subsequent complaint concerning the same circumstances may be filed by any person. If the Director determines a complaint is within the Commission's jurisdiction, alleges conduct that occurred within the prior four years, and contains corroborating information, a preliminary review will be initiated. The preliminary review phase commences on the date the Commission receives such a complaint.

(4) The Director or any member of the Commission may propose that the Commission initiate a preliminary review based on information received from objective sources, such as media accounts or information obtained from the Commission’s own records or from other public agencies that indicates that a violation within the Commission's jurisdiction may have occurred.

(5) The Commission shall consider fully all matters presented for preliminary review, or initiated by the Commission's own motion, to determine whether there is "cause" to investigate the matter, as that term is defined in 244.260. Following the investigation phase, the Commission shall move a matter to a contested case hearing when the Commission determines that the information presented is sufficient to make a preliminary finding of violation of one or more statutes or administrative rules within the Commission's jurisdiction. All matters before the Commission may also be settled, at any point in the proceedings, in compliance with OAR 199-001-0020. No settlement negotiated by the Director shall be binding on the parties unless approved by the Commission by motion and vote.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.290(5)(d)
GEC 13-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 9-2021, renumbered from 199-001-0035, filed 07/29/2021, effective 07/30/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99

Division 10 LOBBYING REGISTRATION AND REPORTING

Or. Admin. R. 199-010-0005 Definitions

As used in these rules:

(1) "Agree to provide services" as used in ORS 171.725 and 171.740, means an oral or written agreement to provide lobbying services for a client or an employer in exchange for money or other consideration.

(2) "Commission" means the Oregon Government Ethics Commission.

(3) "Electronic Filing System (EFS)" means the database by which lobbyists and their clients or employers file required registrations, terminations, and quarterly expenditure reports. EFS is accessible from the Commission's website at https://apps.oregon.gov/OGEC/EFS/Home/Signin

(4) "Entertainment" means amusement or diversion. Entertainment may be provided by others (such as athletes at sporting events) but also includes events where the public official, relative, or member of household personally participates. Examples of entertainment include, but are not limited to concerts, plays, movies, operas, sporting events, participating in sports (golf, skiing, hunting or fishing, etc), comedy shows, and similar events.

(5) "Goodwill" as used in the definition of "lobbying" in ORS 171.725 means kindness, friendliness, benevolence or generosity by a person or entity directed toward a legislative official that could cause the legislative official to have a favorable impression of, or thankfulness to, the person or entity.

History

Statutory/Other Authority: ORS 244.290 & 171.772
Statutes/Other Implemented: ORS 171.725, 171.745, 171.750 & 171.740
GEC 12-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 3-2010, f. 3-12-10, cert. ef. 3-15-10
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
EC 1-1990, f. 7-31-90, cert. ef. 7-26-90
EC 9, f. & ef. 1-23-76
EC 7(Temp), f. & ef. 10-8-75
EC 5, f. 7-7-75, ef. 7-25-75
EC 2(Temp), f. & ef. 2-14-75 thru 6-14-75

Or. Admin. R. 199-010-0025 Lobbyist Registration and Termination Requirements

(1) Individuals not exempted in ORS 171.735 from the lobbying registration law must register within three business days after spending either $100 or 24 hours during a calendar quarter on lobbying activities or within three business days after agreeing to provide personal services for money or any other consideration for the purpose of lobbying.

(2) All lobbyists must register with the Commission through the EFS database located on the Commission's website. The Commission's website also contains a Lobby Guide for registrants. Lobbyists may contact the Commission by phone at 503-378-5105 or at ogec.mail@oregon.gov for assistance.

(3) Lobbyists must file a registration for each person, business or organization they represent. Registration requirements also apply to persons who lobby on behalf of public agencies. If a lobbyist works for a lobbying firm that has multiple clients, the lobbyist must register to represent each client of the lobbying firm on whose behalf the lobbyist provides lobbying services.

(4) All lobbyist registrations expire on December 31 of each odd-numbered year. Renewals must be filed before January 31 of the following even-numbered year to be considered a continuous registration.

(5) Once registered with the Commission, a lobbyist must register each additional client/employer within three business days of agreeing to provide personal services for money or any other consideration for the purpose of lobbying on behalf of that client/employer.

(6) If a lobbyist discontinues lobbying on behalf of a client/employer, the registration must be terminated within three business days. Either a lobbyist or a represented client/employer may terminate a lobbyist registration at any time by an EFS filing with the Commission and the termination is effective on the date it is successfully filed electronically.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 171.740
GEC 12-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 3-2010, f. 3-12-10, cert. ef. 3-15-10
GSPC 1-2004, f. & cert. ef. 8-4-04
GSPC 1-2002, f. & cert. ef. 10-18-02
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
EC 1-1990, f. 7-31-90, cert. ef. 7-26-90
EC 9, f. & ef. 1-23-76
EC 7(Temp), f. & ef. 10-8-75
EC 5, f. 7-7-75, ef. 7-25-75
EC 2(Temp), f. & ef. 2-14-75 thru 6-14-75

Or. Admin. R. 199-010-0035 Instructions for Completing Lobbyist Registration

Unless otherwise exempted by ORS 171.735, a lobbyist must file a registration with the Commission through the electronic filing system (EFS) which may be accessed at https://apps.oregon.gov/OGEC/EFS

(1) Lobbyist Contact Information:

(a) The mailing address, telephone number, and a regularly monitored email address where the lobbyist or a designated contact person may be reached. All notices regarding filing requirements and late filings are sent to this email;

(b) Name, phone, and email information for an alternate contact who is designated to receive the same emails from EFS that are sent to the lobbyist;

(2) Verification - each lobbyist must certify that the information provided in the registration is true and correct by electronically signing the registration.

(3) Client/Employer Information. The registration of a client/employer will generate an email to the client/employer with instructions on how to verify that the registered lobbyist is accepted to lobby on their behalf.

(a) The name of each business, organization, person or public agency that the lobbyist represents along with the name of a designated contact person and their mailing address;

(b) Email address for the client/employer which is routinely monitored by the client/employer. All notices regarding filing requirements and late filings are sent to this email;

(d) Whether or not the client/employer is a public or governmental agency;

(e) The general subject of legislative action or interest of the client/employer;

(f) The name of any member of the Legislative Assembly employed, retained or otherwise compensated by the client/employer.

(4) Designation: A responsible representative of the client/employer must electronically sign to verify that the lobbyist has been authorized to lobby on behalf of the client/employer, and the lobbyist's registration is not complete without the client/employer's electronic confirmation.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 171.740
GEC 12-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 3-2010, f. 3-12-10, cert. ef. 3-15-10
GSPC 1-2004, f. & cert. ef. 8-4-04
GSPC 1-2002, f. & cert. ef. 10-18-02
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
EC 1-1990, f. 7-31-90, cert. ef. 7-26-90
EC 9, f. & ef. 1-23-76
EC 7(Temp), f. & ef. 10-8-75
EC 5, f. 7-7-75, ef. 7-25-75
EC 2(Temp), f. & ef. 2-14-75 thru 6-14-75

Or. Admin. R. 199-010-0060 Who Must File Quarterly Expenditure Reports

The following are required to file quarterly expenditure reports with the Commission through the Commission's electronic filing system (EFS):

(1) Any person registered as a lobbyist must file quarterly expenditure reports.

(2) Any person, business, organization or public agency that engages a lobbyist who is registered as a lobbyist under OAR 199-010-0025 of these rules, must file a quarterly report of lobbying expenditures.

(3) An expenditure report must be filed even if there were no expenditures during the reporting period.

(4) An expenditure report must be filed for any portion of a reporting period prior to a registration termination. For example, if a lobbyist or a client/employer terminates a registration on April 2nd, an expenditure report would still be required from the lobbyist and the client/employer for expenditures made in the 2nd quarter.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 171.745 & ORS 171.750
GEC 12-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 3-2010, f. 3-12-10, cert. ef. 3-15-10
GSPC 1-2004, f. & cert. ef. 8-4-04
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
EC 1-1990, f. 7-31-90, cert. ef. 7-26-90
EC 9, f. & ef. 1-23-76
EC 7(Temp), f. & ef. 10-8-75
EC 5, f. 7-7-75, ef. 7-25-75
EC 2(Temp), f. & ef. 2-14-75 thru 6-14-75

Or. Admin. R. 199-010-0070 Report Filing Deadlines for Lobbyists and Client/Employer of Lobbyists

(1) Lobbyist expenditure reports must be filed online via EFS by the 15th of the month following each calendar quarter (January 15, April 15, July 15, and October 15), regardless of whether the 15th falls on a holiday or weekend.

(2) Client/Employer expenditure reports must be filed online via EFS by the 15th of the month following each calendar quarter (January 15, April 15, July 15, and October 15), regardless of whether the 15th falls on a holiday or weekend.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 171.752
GEC 12-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 3-2010, f. 3-12-10, cert. ef. 3-15-10
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
EC 1-1990, f. 7-31-90, cert. ef. 7-26-90
EC 14, f. & ef. 1-31-77
EC 9, f. & ef. 1-23-76
EC 7(Temp), f. & ef. 10-8-75
EC 5, f. 7-7-75, ef. 7-25-75
EC 2(Temp), f. & ef. 2-14-75 thru 6-14-75

Or. Admin. R. 199-010-0075 Content of Lobbyist Quarterly Expenditure Report (ORS 171.745)

(1) A lobbyist must report the total amount of money spent during the reporting period for all lobbying activity expenditures that were made for food, refreshment and limited entertainment during the reporting period as required by ORS 171.745(1)(a).

(a) Except for entertainment provided under the conditions set forth in ORS 244.020(7)(b)(M) or (N), entertainment expenses paid for a public official are subject to a $50 limit on the aggregate value of gifts from a source who could reasonably be known to have a legislative or administrative interest as provided in ORS 244.025.

(b) The lobbyist must report the total amount reimbursed to them for food, refreshment and entertainment and must identify each client or employer and the amount of reimbursement that each provided.

(c) If a lobbyist initiates and participates in the lobbying activity and uses or arranges for payment with a credit card, debit card or any other form of payment, it is the lobbyist’s responsibility to report the expense. In the following examples, the methods of payment are the equivalent of a reimbursed expense that must be reported by the lobbyist:

(A) A lobbyist arranges a lobbying activity and those arrangements include placing the charges on a credit or debit card account belonging to the lobbyist’s client or employer.

(B) A lobbyist registered to represent a client or employer is also an employee or executive official of that same client or employer. The client or employer is the holder of a credit or debit card and authorizes the lobbyist to use the credit or debit card.

(C) A lobbyist places a lobbying activity expense on a personal or lobby firm business account. When the billing statement is received, it is submitted to and paid by the represented client or employer.

(d) The lobbyist must report the net expenditures made for food, refreshment and entertainment, which is the result of subtracting the total of expenditures reimbursed by the client or employer from the total of all expenditures reported.

(e) If lobbying services are provided by two or more registered lobbyists from the same business, public agency or other organization, a quarterly expenditure report may be filed that consolidates the lobbying activity expenditures of the lobbyists. The lobbying activity expenses reimbursed to each individual lobbyist must be detailed as required in (1)(b), (1)(c) and (1)(d) of this rule. To use this method of reporting lobbying expenditures, contact the Oregon Government Ethics Commission for additional information. (ORS 171.745(4))

(2) A lobbyist must report each occasion when an amount exceeding $50 was spent for a lobbying purpose that was for the benefit of a legislative or executive official. The information reported must include the date, payee, name of the official, purpose and amount (ORS 171.745(1)(b)).

(a) If a legislative or executive official was accompanied by a relative or a member of the official’s household on the itemized occasion, the expenditure made for the benefit of the relative or a member of the official’s household must be included in the aggregate value of the lobbying expenditure that was for the benefit of the legislative or executive official. The relative or member of the household that accompanied the official must be identified.

(b) If a relative or a member of the household of a legislative or executive official is not accompanied by the legislative or executive official on the itemized occasion, the expenditure made for the benefit of the relative or a member of the official’s household is reported as a benefit to the legislative or executive official. The relative or member of the household that participated must be identified.

(c) When a legislative or executive official receives a benefit exceeding $50 and the expense is shared by two or more lobbyists, one lobbyist must be designated to itemize the occasion on the designated lobbyist’s quarterly expenditure report. The lobbyist designated to itemize the occasion must also identify the other lobbyists and the amount paid by each (ORS 171.745(1)(b) and 244.025(1)).

(d) If a client or employer of the lobbyist has itemized the expenditure as required by ORS 171.750(1)(b) and OAR 199-010-0095 on the client’s or employer’s quarterly expenditure report, the expenditure does not have to be itemized by the lobbyist.

(e) If a business, public agency or other organization, with two or more lobbyists, chooses to file a quarterly expenditure report that consolidates the lobbying activity expenditures, the itemization of the occasion must include the identity of the individual lobbyists responsible for the itemized lobbying activity expense (ORS 171.745(4)).

(3) The lobbyist must upload to EFS any written notices that were provided to legislative or executive officials as required by ORS 244.100.

(4) The lobbyist must certify that the information contained in the report is correct by electronically signing the expenditure report in EFS.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 171.745
GEC 12-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 3-2010, f. 3-12-10, cert. ef. 3-15-10
Reverted to GSPC 1-2004, f. & cert. ef. 8-4-04
GEC 1-2008(Temp), f. & cert. ef. 3-7-08 thru 5-6-08
GSPC 1-2004, f. & cert. ef. 8-4-04
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
Reverted to EC 1-1990, f. 7-31-90, cert. ef. 7-26-90
GSPC 1-1998(Temp), f. & cert. ef. 9-1-98 thru 2-28-99
EC 1-1990, f. 7-31-90, cert. ef. 7-26-90
Reverted to EC 9, f. & ef. 1-23-76
EC 1-1980(Temp), f. & ef. 12-24-80
EC 9, f. & ef. 1-23-76
EC 7(Temp), f. & ef. 10-8-75
EC 5, f. 7-7-75, ef. 7-25-75
EC 2(Temp), f. & ef. 2-14-75 thru 6-14-75

Or. Admin. R. 199-010-0080 How Lobbyists Report Expenditures

(1) A lobbyist must report all lobbying related expenditures made during reporting periods, as defined in OAR 199-010-0075.

(2) The expenditures must be reported in the Commission's electronic filing system (EFS).

(3) If the amount of any expenditure required to be included in the report is not accurately known at the time of the report, an estimate thereof should be submitted timely and updated in a subsequent amended report when more accurate information is available.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 171.745
GEC 12-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 3-2010, f. 3-12-10, cert. ef. 3-15-10
GSPC 1-2004, f. & cert. ef. 8-4-04
GSPC 1-2002, f. & cert. ef. 10-18-02
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
EC 1-1990, f. 7-31-90, cert. ef. 7-26-90
Reverted to EC 9, f. & ef. 1-23-76
EC 1-1980(Temp), f. & ef. 12-24-80
EC 9, f. & ef. 1-23-76
EC 7(Temp), f. & ef. 10-8-75
EC 5, f. 7-7-75, ef. 7-25-75
EC 2(Temp), f. & ef. 2-14-75 thru 6-14-75

Or. Admin. R. 199-010-0095 Content of Client/Employer Quarterly Expenditure Report (ORS 171.750)

(1) A client/employer of a lobbyist must report the total amount spent during the reporting period on lobbying related activities (ORS 171.750(1)(a)).

(a) Include overhead costs related to lobbying activity. Expenses related to travel for the purpose of lobbying are excluded from the reporting requirement (ORS 171.750(1)(c)).

(b) Report each registered lobbyist who is compensated to provide lobbying services and include the amount paid in compensation and the amount paid in reimbursement to the lobbyist for food, refreshment and entertainment (ORS 171.750(1)(c)).

(c) If the lobbyist representing the client/employer has initiated and participated in a lobbying activity and has used or arranged for payment with the client’s/employer’s credit card, debit card or any other form of payment, it is the lobbyist’s responsibility to report the expense as a reimbursement from the client/employer and the client/employer must report the expense as a reimbursement to the lobbyist. In the following examples, the methods of payment are the equivalent of a reimbursed expense to the lobbyist and must be reported as such by the client/employer:

(A) A lobbyist arranges a lobbying activity and those arrangements include placing the charges on a credit or debit card account belonging to the client/employer.

(B) A lobbyist registered to represent a client/employer is also an employee or executive official of that same client/employer. The client/employer is the holder of a credit or debit card and authorizes the lobbyist to use the credit or debit card.

(C) A lobbyist places a lobbying activity expense on a personal or lobby firm business account. When the billing statement is received, it is submitted to and paid by the represented client/employer.

(d) If lobbying services are provided to a client/employer by two or more registered lobbyists from the same business, public agency or other organization, report the amounts paid for compensation and for reimbursed expenses to the business, public agency or organization (ORS 171.750(1)(c)). In reporting reimbursed expenses, use the same criteria to identify a reimbursed expense as described in (1)(b) and (1)(c) of this rule.

(2) A client/employer must report each occasion when an amount exceeding $50 was spent for a lobbying purpose that was for the benefit of a legislative or executive official. The information reported must include the date, payee, name of the official, purpose and amount (ORS 171.750(1)(b)).

(c) When a legislative or executive official receives a benefit exceeding $50 and the expense is shared by two or more client/employers, one client/employer must be designated to itemize the occasion in the designated client/employer’s quarterly expenditure report. The client/employer designated to itemize the occasion must also identify the other contributing client/employers and the amount paid by each (ORS 171.750(1)(b) and 244.025(1)).

(d) If the lobbyist representing the client/employer has itemized the expenditure as required by ORS 171.745(1)(b) and OAR 199-010-0075 in the lobbyist’s quarterly expenditure report, it does not need to be itemized by the client/employer.

(e) If the client/employer has reimbursed the lobbyist for an occasion that is itemized in the client/employer’s quarterly expenditure report, the lobbyist who received the reimbursement must be identified.

(3) The client/employer must upload to EFS copies of any written notices that were provided to legislative or executive officials as required by ORS 244.100.

(4) A representative of the client/employer must certify that the information contained in the report is correct by electronically signing the expenditure report in EFS.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 171.750
GEC 12-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 3-2010, f. 3-12-10, cert. ef. 3-15-10
Reverted to GSPC 1-2004, f. & cert. ef. 8-4-04
GEC 1-2008(Temp), f. & cert. ef. 3-7-08 thru 5-6-08
GSPC 1-2004, f. & cert. ef. 8-4-04
GSPC 1-2002, f. & cert. ef. 10-18-02
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
Reverted to EC 1-1990, f. 7-31-90, cert. ef. 7-26-90
GSPC 1-1998(Temp), f. & cert. ef. 9-1-98 thru 2-28-99
EC 1-1990, f. 7-31-90, cert. ef. 7-26-90
Reverted to EC 9, f. & ef. 1-23-76
EC 1-1989(Temp), f. & cert. ef. 1-18-89
EC 9, f. & ef. 1-23-76
EC 7(Temp), f. & ef. 10-8-75
EC 5, f. 7-7-75, ef. 7-25-75
EC 2(Temp), f. & ef. 2-14-75 thru 6-14-75

Or. Admin. R. 199-010-0150 Civil Penalty for Late Filing and Lobby Law Violations

(1) The Commission may impose a civil penalty for each day a lobbyist expenditure report or client/employer expenditure report required by ORS 171.745 and 171.750 is late beyond the due date established in 171.752. The penalties will accrue at $10 per day for the first 14 days and at $50 per day thereafter. Such penalty shall not exceed the amount of $5,000 pursuant to ORS 171.992.

(2) Excluding violations of ORS 171.752, the Commission will identify each action that constitutes a violation of ORS Chapter 171 and when multiple violations are committed, will charge them in the following manner:

(a) When a lobbyist or client/employer of a lobbyist has committed two or more violations by repeated equivalent actions, the Commission will charge the lobbyist or client/employer with a single violation and count the repeated actions using the number of the equivalent acts as aggravating factors when imposing any sanction as discussed in (2)(b) of this rule. The following examples are offered to illustrate this rule and not meant to limit its application:

(A) Each lobbyist must register with the Commission when exceeding the limits of time or expenditures set forth in ORS 171.735. Failure to register as a lobbyist for each client/employer could be a distinct violation of ORS 171.740. If a lobbyist fails to register for two or more client/employers, the multiple violations will be combined into the charge of one violation with each additional failure to register being counted as an equivalent action.

(B) When a lobbyist fails to report an occasion on the Lobbyist Quarterly Expenditure Report when an amount exceeding $50 is spent for the benefit of a legislative or executive official, the lobbyist violates ORS 171.745. If a lobbyist fails to report two or more officials who participated in the same event, the multiple violations will be combined into the charge of one violation with each additional failure to report an official being counted as an equivalent action.

(C) When a client/employer represented by a lobbyist fails to report an occasion on the Client/Employer Quarterly Expenditure Report when an amount exceeding $50 is spent for the benefit of a legislative or executive official, the client/employer violates ORS 171.750. If a client/employer fails to report two or more officials who participated in the same event, the multiple violations will be combined into the charge of one violation with each additional failure to report an official being counted as an equivalent action.

(b) When two or more single violations are charged as one violation, each additional violation by this rule will be counted as an equivalent action. The number of equivalent acts will be identified as an aggravating factor and included in the calculation of any assessment of a civil penalty that would constitute a sanction as described in OAR 199-008-0015.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 171.745, 171.750, 171.752 & 171.992
GEC 12-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 3-2010, f. 3-12-10, cert. ef. 3-15-10
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
EC 14, f. & ef. 1-31-77

Division 20 STATEMENT OF INTEREST

Or. Admin. R. 199-020-0005 Identification of Public Officials Required to File Annual Verified Statements of Economic Interest

Cities, counties, and those state boards and commissions, special districts and others affected by the filing requirements of ORS 244.050 shall inform the Oregon Government Ethics Commission of certain information related to individuals required to file an Annual Verified Statement of Economic Interst (SEI). The information shall be reported to the Commission via its Electronic Filing System (EFS), which is accessed through the Commission's website: https://www.oregon.gov/ogec/Pages/index.aspx. The website also contains training on the EFS system for all users. Any questions concerning electronic filings should be directed to ogec.mail@ogec.oregon.gov or by phone to 503-378-5105.

(1) Each public body shall provide in writing to the Commission the name, title, mailing address, phone number and e-mail address of a person to act as their jurisdictional contact (JC) on or before February 15. Any changes to the JC's identity or contact information shall be updated by the public body in the Commission's EFS within ten business days.

(2) Each designated JC shall update the Commission's EFS no later than each February 15 with the name, position or office held and the email address of each individual required to file an SEI. Any subsequent changes, additions or deletions of this information that occurs before April 15 must be made by the JC in EFS within three business days.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.050, 244.060, 244.070 & 244.090
GEC 11-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
Reverted to GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
Suspended by GEC 1-2008(Temp), f. & cert. ef. 3-7-08 thru 5-6-08
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
EC 1-1993, f. & cert. ef. 4-22-93
EC 1-1990, f. 7-31-90, cert. ef. 7-26-90
EC 6, f. & ef. 10-8-75
EC 4(Temp), f. & ef. 5-29-75

Or. Admin. R. 199-020-0008 Exemption Procedure for Annual Verified Statements of Economic Interest

(1) This rule implements ORS 244.290(2)(b), directing the Commission to allow exemptions for public officials who are otherwise required by 244.050 to file an annual statement of economic interest when the public body on which the public official serves meets so infrequently so as not to warrant the public disclosure. Public officials shall submit a request for an exemption from the filing requirements of 244.050 in writing to the Commission.

(2) Only public officials required to file under ORS 244.050(1)(k) are eligible to request the exemption under this rule. The Commission will accept requests that are submitted on behalf of all of the public officials serving on a particular city or county planning, zoning or development commission.

(3) The Commission will grant the exemption if the following criteria are met:

(a) The public body on which the public official serves has met no more frequently than twice annually for the last three calendar years.

(b) The public body has no decision making authority, but limits its function to making recommendations to an accountable public body or public official.

(c) The request for exemption is accompanied with copies of agendas and meeting minutes for all meetings conducted by the public body within the last three calendar years, as well as documentation of the authority or role of the public body.

(4) Requests for an exemption from filing the annual verified statement of economic interest due April 15 of a given year, must be received in the office of the Oregon Government Ethics Commission not later than 5:00 pm March 15 of that year. Public officials who do not meet that deadline, or whose request is not approved by the Commission, must file the annual verified statement of economic interest as required by April 15. Public officials who receive the exemption will be notified in writing.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.050 & 244.290
GEC 11-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10

Or. Admin. R. 199-020-0013 Filing an Annual Verified Statement of Economic Interest

(1) The purpose of this rule is to clarify the procedures for filing an Annual Verified Statement of Economic Interest (SEI) and explain some reporting requirements. All public officials required by ORS 244.050 to file an SEI must do so through the Commission’s Electronic Filing System (EFS). Information for filers and links to the EFS are on the Commission’s website at https://www.oregon.gov/ogec/Pages/index.aspx. Individuals may also contact the Commission for assistance by phone at 503-378-5105 or by email at OGEC.mail@ogec.oregon.gov.

(2) Each required SEI filer must establish an account in the EFS system in order to file an SEI. The annual SEI filing is due each April 15. All required filers as identified by the filer’s jurisdiction will receive an invitation via email to create an account in the EFS system. The invitation expires in 90 days if not acted upon.

(3) Once a filer’s individual account is established, automated notices from the EFS system will be sent via email to each filer alerting them of upcoming filing deadlines, their filing status, and any late filing penalties they may have accrued.

(4) It is the filer’s responsibility to update their EFS account when their contact information changes.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.050
GEC 11-2021, adopt filed 12/07/2021, effective 12/30/2021

Or. Admin. R. 199-020-0020 Filing Deadlines

Effective in 2016, Statements of Economic Interest electronically filed online with the Commission by April 15, regardless of whether the 15th falls on a holiday or weekend, are considered timely.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.050
GEC 11-2021, amend filed 12/07/2021, effective 12/30/2021
GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99
EC 1-1990, f. 7-31-90, cert. ef. 7-26-90
EC 6, f. & ef. 10-8-75
EC 4(Temp), f. & ef. 5-29-75

Or. Admin. R. 199-020-0023 Guidelines for Compliance with ORS 244.060

(1) The purpose of this rule is to define certain terms and to clarify substantive provisions of ORS 244.060, as to what must be reported on one's Annual Verified Statement of Economic Interest (SEI).

(2) The term “total annual household income” as used in ORS 244.060(3) means the collective income of all members of the public official’s household for the prior calendar year, but excluding the income of any household member under age 18.

(3) ORS 244.260(4) requires that, other than one’s principal residence, which is exempted from reporting, SEI filers must report real property in which they have a beneficial financial interest if the real property is located within the geographic boundaries of the governmental agency of which the SEI filer holds, or if elected would hold, an official position or over which the SEI filer exercises or if elected would exercise, any authority. The following examples illustrate reportable property and non-reportable property:

(a) An elected city councilor owns two rental properties, one within the city limits and one outside the city limits. He must only report the rental property within the city limits.

(b) An elected member of the Legislative Assembly and her relative own a vacation home in the state that is outside the district she was elected to represent. The legislator must report the vacation home because it is within the state, and as a legislator, she exercises authority to legislate for the entire State, not just the district that elected her.

(c) An elected County Commissioner has a beneficial financial interest in commercial real estate located outside the County and she need not report that property.

(d) A candidate for Secretary of State owns an undeveloped parcel of land in the state and must report it because if elected, she would exercise authority over the entire state.

(e) A member of the Board of Trustees for a public university located in City X owns an office building in a different city within the state, as well as other property located in California. The Trustee must report the commercial building she owns within the state because the public university's geographic boundaries are the entire state and not the just the university campus or the city in which the university is located. The Trustee need not report her property located in California.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.050 & ORS 244.060
GEC 11-2021, adopt filed 12/07/2021, effective 12/30/2021

Division 40 EXECUTIVE SESSION

Or. Admin. R. 199-040-0015 Commencement and Adjournment of an Executive Session

The purpose of this rule is to clarify when an executive session begins and ends.

(1) An executive session is a meeting or part of a meeting of a governing body which is closed to certain persons for deliberations on certain matters. Governing bodies must deliberate in meetings open to the public unless the governing body has publicly identified the statutory authorization in ORS 192.660 or other lawful basis for closing the meeting to certain persons.

(2) The public announcement of the statutory authorization or other lawful basis for the executive session must be made prior to entering the executive session. If an executive session only will be held, or if the executive session precedes a meeting open to the public, the announcement must be made in a properly issued meeting notice. If an executive session is held in conjunction with a regular, special or emergency meeting of the governing body, the announcement must be made during the portion of the meeting that is open to the public.

(3) An executive session ends when the meeting ceases to be closed to the public. If a public meeting will be held again after the executive session, the governing body must use reasonable means to give actual notice to interested persons that the meeting is again a public meeting.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.660
GEC 10-2021, adopt filed 12/07/2021, effective 12/30/2021

Or. Admin. R. 199-040-0020 Permitted and Prohibited Topics for Executive Session

(1) The purpose of this rule is to clarify that an executive session may only be held when permitted by a specific provision of ORS 192.660 or other state law authorizing an executive session. The topic(s) discussed in an executive session must be limited to those topics expressly permitted by the specific provision(s) under which the executive session was convened. Members of governing bodies may not discuss topics in executive session other than those delineated in ORS 192.660 or other state law permitting an executive session, even if the additional topics are related to the issue concerning which the governing body convened the executive session.

(2) Each prerequisite and requirement of the specific provision of ORS 192.660 must be met before an executive session may be convened under that provision.

(3) Compensation, including salaries and benefits, must not be discussed or negotiated during an executive session under ORS 192.660(2)(a), (b) or (i).

Example: City A interviews candidates for the position of city manager in an executive session held under ORS 192.660(2)(a). The governing body wishes to discuss non-salary compensation with the candidates, including access to a city vehicle and membership in a professional organization. This is not a topic permitted in executive session.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.660
GEC 10-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 2-2016, f. & cert. ef. 6-1-16

Or. Admin. R. 199-040-0025 Complaints

(1) The purpose of this rule is to clarify procedures regarding the opening of one or more preliminary reviews based on a complaint of violations of ORS 192.660 made against member(s) of a governing body.

(2) Attendance at any executive session by a member of the governing body will be considered participation in the executive session.

(3) When the Director makes a determination to open a preliminary review based on a complaint alleging violations of ORS 192.660 by one or more members of a governing body, the Director will open preliminary reviews on each member of the governing body who the Director has reason to believe participated in the executive session at issue, even if all of the participating members of the governing body are not named or identified in the original complaint. Any preliminary reviews against members of the governing body not named or identified in the original complaint will be opened as soon as practicable based on available information. If the Director receives subsequent information that names or identifies additional members of the governing body who participated in the executive session at issue, preliminary reviews will be opened on them as soon as practicable.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.660
GEC 10-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 2-2016, f. & cert. ef. 6-1-16

Or. Admin. R. 199-040-0027 Employment of a Public Officer, Employee, Staff Member or Individual Agent under ORS 192.660(2)(a) and Compliance with ORS 192.660(7)(d)

(1) The purpose of this rule is to provide guidance to a governing body when the governing body holds an executive session permitted by ORS 192.660(2)(a): “To consider the employment of a public officer, employee, staff member or individual agent.” Only consideration of an initial employment is permissible under this section. ORS 192.660(2)(a) does not authorize decisions, deliberations, or discussions of other employment actions such as performance evaluation, complaints, discipline, termination, or extension of an employment contract. As provided in OAR 199-040-0020(3) compensation, including salaries and benefits, may not be discussed or negotiated in an executive session held under ORS 192.660(2)(a).

(2) Employees and Staff Members. Before a governing body convenes an executive session to consider the initial employment of an employee or staff member under ORS 192.660(2)(a), the governing body shall:

(a) Advertise the vacancy; and

(b) Adopt regular hiring procedures.

(3) Other Public Officers. Before a governing body convenes an executive session to consider initial employment of a public officer under ORS 192.660(2)(a), the governing body shall:

(a) Satisfy the requirements in subsection (2)(a) and (b) of this section; and

(b) offer the public an opportunity to comment on the employment of the public officer.

(4) Chief Executive Officer. Before a governing body convenes an executive session to consider initial employment of a chief executive officer under ORS 192.660(2)(a), the governing body shall:

(a) Satisfy the requirements in subsections (2)(a) and (b) and (3)(b) of this section; and

(b) adopt hiring standards, criteria and policy directives at an open meeting at which the public has an opportunity to comment on the standards, criteria and policy directives before such adoption.

(5) The prerequisite to "offer the public an opportunity to comment on the employment of the officer” means that the governing body shall provide the public with an opportunity to comment on the filling of the public officer’s position. It does not require that the public be given an opportunity to comment on named candidates for the position before the executive session is held.

(6) When a governing body convenes an executive session to consider the employment of an individual agent under ORS 192.660(2)(a), the agent shall be an individual person. Some examples may include an attorney, an accountant, or another individual who would perform services on behalf of the public body in the capacity of an agent, even if the prospective individual agent works for a larger firm or company. A firm or business entity that consists of more than one person is not an individual agent, and a governing body shall not consider the employment of a firm or entity in executive session under ORS 192.660(2)(a). It is not required that the governing body fulfill the prerequisites listed in ORS 192.660(7)(d) when considering the employment of an individual agent in executive session under ORS 192.660(2)(a).

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.660(2)(a), ORS 192.660(7)(d) & ORS 192.685
GEC 1-2024, amend filed 09/24/2024, effective 10/01/2024
GEC 10-2021, amend filed 12/07/2021, effective 12/30/2021
GEC 5-2016, f. & cert. ef. 11-17-16

Or. Admin. R. 199-040-0030 Notice to Public Official under ORS 192.660(2)(b) or (i)

(1) In order to afford to the chief executive officer of any public body, a public officer, employee, staff member or individual agent the opportunity to request an open hearing under ORS 192.660(2)(b) or (i), the public official must receive written notice of the meeting no less than one business day or 24 hours, whichever is greater, in advance of the meeting.

(2) At a minimum, the written notice shall include:

(a) Identification of the governing body before which the matter will be considered;

(b) The time, date and location of the meeting;

(c) The purpose for which the governing body proposes to convene the executive session, including the citation to the applicable section of ORS 192.660 and the fact that the governing body will be considering the dismissal or disciplining of, hearing complaints or charges against, or reviewing and evaluating the performance of the public official receiving the notice;

(d) Information on how the public official may make a request for an open hearing.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.660(2)(b) & 192.660(2)(i)
GEC 2-2016, f. & cert. ef. 6-1-16

Or. Admin. R. 199-040-0050 Consultation with Legal Counsel

(1) The purpose of this rule is to provide guidance to governing bodies when the governing body holds an executive session permitted by ORS 192.660(2)(h): “To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed.”

(2) In order to meet the requirements for an executive session permitted by ORS 192.660(2)(h), the attorney with whom the governing body is consulting must be present at the executive session, either in person or by telephone or by other concurrent means of oral or video electronic communication.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.660(2)(h)
GEC 2-2016, f. & cert. ef. 6-1-16

Or. Admin. R. 199-040-0060 Prohibition on Making Decisions in Executive Session

Unless otherwise authorized by statute, a governing body shall not make a decision, including a vote, in executive session. A governing body may reach an informal consensus in executive session, but any decision may only be made in open session.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.610, ORS 192.685 & ORS 192.660
GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024

Division 50 PUBLIC MEETINGS LAW

Or. Admin. R. 199-050-0005 Definitions

The following definitions are provided for words or terms as they are used in ORS 192.610 to ORS 192.705 and as they are used in these rules:

(1) “Communicate” means the act of a person expressing or transmitting information to another person through verbal, non-verbal, written, or electronic means. Non-verbal means include gestures, such as thumbs-up and thumbs-down, as well as sign language.

(2) “Communication” means the expression or transmission of information from one person to another through verbal, non-verbal, written, or electronic means. Non-verbal means include gestures, such as thumbs-up and thumbs-down, as well as sign language.

(3) “Decision,” “deliberation,” “executive session,” “governing body,” “meeting,” and “public body” have the meaning given those terms in ORS 192.610.

(4) “Decision-making process” means the process a governing body engages in to make a decision, such as: (a) identifying or selecting the nature of the decision to be made; (b) gathering information related to the decision to be made; (c) identifying and assessing alternatives; (d) weighing information; and (e) making a decision.

(5) “Deliberate” means to engage in deliberations.

(6) “Discussion” means the consideration or debate of a matter.

(7) “Intermediary” means a person who is used to facilitate communications among members of a governing body about a matter subject to deliberation or decision by the governing body, by sharing information received from a member or members of the governing body with other members of the governing body. The term “intermediary” can include a member of the governing body.

(8) “Public Meetings Law” means ORS 192.610 to 192.705.

(9) “Quorum” means the minimum number of members of a governing body required to legally transact business. In the absence of a statute, ordinance, rule, charter, or other enactment specifically establishing the number of members constituting a quorum, a quorum is a majority of the voting members of the governing body.

(10) “Serial electronic written communications” means a series of successive or sequential communications among members of a governing body using written electronic means, including emails, texts, social media, and other electronic applications that communicate the written word.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.610, ORS 192.620, ORS 192.630, ORS 192.640, ORS 192.650, ORS 192.660, ORS 192.670, ORS 192.672, ORS 192.680, ORS 192.685, ORS 192.690, ORS 192.695, ORS 192.700 & ORS 192.705
GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024

Or. Admin. R. 199-050-0010 Governing Bodies Subject to the Public Meetings Law

(1) The Public Meetings Law applies to the following types of governing bodies:

(a) Decision-Making Bodies. A decision-making body is a body with the authority to make decisions for the public body on policy or administration. A body meets this standard if its decision-making authority includes the power to exercise governmental power and act on behalf of the public body.

(b) Advisory Bodies. An advisory body is a body with authority to make recommendations to a public body on policy or administration.

(2) The Public Meetings Law does not apply to the following types of bodies:

(a) Fact Gathering Bodies. Bodies with only the authority to gather and provide purely factual information to a public body, and that do not have the authority to make decisions or recommendations.

(b) Bodies Advising Individual Public Officials. Bodies appointed by an individual public official with authority to make recommendations only to that individual public official who has the authority to act on the body’s recommendations and is not required to pass the recommendations on unchanged to a public body.

(c) Certain Multi-Jurisdiction Bodies. Multi-jurisdictional bodies whose Oregon members do not constitute a majority of the governing body’s voting members.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.610 & ORS 192.685
GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024

Or. Admin. R. 199-050-0015 Meetings Subject to the Public Meetings Law

(1) The purpose of this rule is to clarify what meetings of a governing body are subject to the Public Meetings Law.

(2) The Public Meetings Law applies to the following types of meetings:

(a) Regular meetings;

(b) Special meetings;

(d) Executive sessions, whether convened separately or as part of a regular, special, or emergency meeting; and

(e) Meetings held for the purpose of either presenting information to the governing body to prepare the governing body for a regular or special meeting, or to allow the governing body to engage in preliminary discussions or deliberations. (These meetings are often called “work sessions” or “workshop” meetings).

(3) The Public Meetings Law does not apply to:

(a) On-site inspections of projects or programs, provided the members of the governing body do not engage in deliberations or decisions on matters that could reasonably be foreseen to come before the governing body.

(b) The attendance of members of a governing body at any national, regional or state association to which the public body or the members belong, provided the members of the governing body do not engage in deliberations or decisions on matters that could reasonably be foreseen to come before the governing body.

(c) Communications between or among members of a governing body, including communications of a quorum of members, that are:

(A) Purely factual or educational in nature and that convey no deliberation or decision on any matter that might reasonably come before the governing body;

(B) Not related to any matter that, at any time, could reasonably be foreseen to come before the governing body for deliberation and decision; or

(d) Any matters listed in ORS 192.690.

(4) A private meeting where a quorum of a governing body engages in discussions or communications that are part of the governing body’s decision-making process on matters within the authority of the governing body violates the Public Meetings Law.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.630, ORS 192.690, ORS 192.610 & ORS 192.685
GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024

Or. Admin. R. 199-050-0020 Serial Communications Prohibited

(1) A quorum of the members of a governing body shall not, outside of a meeting conducted in compliance with the Public Meetings Law, use a series of communications of any kind, directly or through intermediaries, for the purpose of deliberating or deciding on any matter that is within the jurisdiction of the governing body.

(2) The prohibitions in section (1) apply to using any one or a combination of the following methods of communication:

(a) In-person;

(b) Telephone calls;

(d) Written communications, including electronic written communications, such as email, texts, and other electronic applications;

(e) Use of one or more intermediaries to convey information among members; and

(f) Any other means of conveying information.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.610, ORS 192.630, ORS 192.685 & ORS 192.690
GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024

Or. Admin. R. 199-050-0040 Notice Requirements

(1) Public notice, reasonably calculated to give actual notice, is required for all meetings of a governing body. The purpose of providing public notice is to give notice of the meeting details and subjects to members of the public at large, as well as to interested persons and media representatives who have requested notice.

(2) Methods of Notice:

(a) Notice to the Public. A governing body satisfies the public notice requirement in subsection (1) by providing notice of its meetings to be displayed conspicuously on the public body’s or governing body’s website or on a publicly accessible website hosted by a third-party and linked to the public body’s or governing body’s website. If the governing body does not maintain a publicly accessible website, the governing body shall satisfy the public notice requirements through other means such as posting on the Oregon Transparency Website, community postings, bulletin boards, newspaper notice, or any other means reasonably calculated to provide actual notice to the general public.

(b) Notice to Interested Persons. A governing body satisfies the interested persons notice requirement in subsection (1) by providing notice through:

(A) Interested person lists, mailing lists, or other lists of persons or groups maintained by the governing body to provide notice or communications;

(B) Social media platforms normally utilized by the governing body for communications; or

(c) Media Notice. A governing body satisfies the media notice requirement in subsection (1) by providing notice to those media representatives who have requested notice, either in the method requested by the media representatives or by any other means reasonably calculated to provide actual notice to the media representatives.

(d) State agencies shall also post meeting notices to the Oregon Transparency Website. Other public bodies may post notices to the Oregon Transparency Website.

(3) Content of Notice. The public notice shall identify:

(a) The time, date, location of the meeting, and, to the extent reasonably possible, the electronic link or telephone access information to allow members of the public to attend the meeting by telephone or electronic means.

(b) The agenda or list of the principal subjects anticipated to be considered at the meeting. The agenda or list of principal subjects shall be specific enough to permit members of the public to recognize the matters in which they are interested. The governing body may amend the agenda or may add or remove items from the list of principal subjects prior to or during a meeting.

(c) The name, telephone number, and email address of a person at the public body to contact to request an interpreter or other communication aids. As an alternative, the notice may indicate that the governing body will provide a sign language interpreter or other communication aids at the meeting.

(d) Executive Session Notice.

(A) If a meeting is being held only to conduct an executive session, the notice shall comply with sections (3)(a) through (c) and the notice shall also identify the specific statutory citation and appropriate subsection and paragraph authorizing the executive session, as well as a general description of the statutory authorization.

(B) If an executive session is to be part of a regular, special, or emergency meeting, the notice shall comply with subparagraph (A) of this paragraph, prior to entering the executive session, the presiding officer shall identify in open session the specific statutory provision and appropriate subsection and paragraph authorizing the executive session, as well as a general description of the statutory authorization. The public announcement required in this section shall be made during the portion of the meeting that is open to the public and before entering into executive session.

(4) Timing of Notice. The public notice shall be issued in advance of the meeting in accordance with the following timelines:

(a) Regular Meeting: as much advance notice as reasonably possible, but no less than 48 hours advance notice. Providing notice of less than 48 hours is allowed if the meeting is held as a special meeting.

(b) Special Meeting: at least 24 hours advance notice.

(c) Emergency Meeting: as much advance notice as reasonably possible given the emergency circumstances. An “actual emergency” must exist.

(A) The governing body shall describe in the minutes the actual emergency and the reason why the meeting could not be delayed to allow at least 24 hours’ notice.

(B) The governing body shall attempt to contact the media and other interested persons to inform them of the emergency meeting by telephone, e-mail, social media, or other method reasonably calculated to provide actual notice.

(C) If reasonably possible under the emergency circumstances, the emergency meeting notice shall be conspicuously displayed on the governing body’s or public body’s website or on a publicly accessible website hosted by a third-party hosted and linked to the public body’s or governing body’s website. If the public body or governing body does not maintain a publicly accessible website, the emergency meeting notice shall be conspicuously displayed on a notice board or in such other manner as the governing body determines may provide actual notice of the emergency meeting to the public.

History

Statutory/Other Authority: ORS 244.940
Statutes/Other Implemented: ORS 192.685, ORS 192.630 & ORS 192.640
GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024

Or. Admin. R. 199-050-0050 Public Attendance; Meeting Locations

(1) All meetings of a governing body, other than executive sessions, shall be open to the public.

(a) Meetings may be held at locations as specified in ORS 192.630(4);

(b) Meeting locations shall be accessible to persons with disabilities as specified in ORS 192.630(5); and

(2) For meetings held by telephone or other electronic means of communication, the governing body shall make available a place or an electronic means by which the public can listen to or view the meetings in real time. The place provided may be a place where no member of the governing body of the public body is present.

(3) The governing body shall, to the extent reasonably possible, provide members of the general public an opportunity to access and attend meetings, excluding executive sessions, by telephone, video or other electronic or virtual means.

(4) For executive sessions where the media are statutorily authorized to be present, if any person, including any member of the governing body, is attending the executive session by telephone, video, or other electronic means, the governing body shall provide members of the media the same attendance option. Nothing in this subsection prevents the governing body from establishing reasonable security measures to ensure the media’s attendance by telephone, video, or other electronic means is conducted through a secure connection or method.

(5) When public testimony is permitted, the governing body shall:

(a) Allow oral testimony by telephone, video, or other electronic or virtual means if in-person oral testimony is allowed; and

(b) Allow written testimony, including that submitted by electronic mail or other electronic means, if in-person written testimony is permitted. The governing body may require the written testimony be submitted sufficiently in advance of the meeting so that the governing body is able to consider the submitted testimony in a timely manner.

(6) The Public Meetings Law does not provide the public the right to participate or to provide public testimony or public comment. In the absence of a statutory or other legal requirement to hear public testimony or comment on certain matters, a governing body may conduct a meeting without any public participation.

(7) Unless otherwise provided by statute, charter, or other organic law of the governing body or public body, the presiding officer has inherent authority to keep order and to impose any reasonable restrictions necessary for the efficient and orderly conduct of a meeting. If public participation is to be a part of the meeting, the presiding officer may regulate the order and length of appearances and limit appearances to presentations of relevant points.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.620, ORS 192.660, ORS 192.630, ORS 192.670, ORS 192.672 & ORS 192.685
GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024

Or. Admin. R. 199-050-0055 Public Vote Requirements

(1) All official actions of a governing bodies shall be taken by public vote.

(2) Results of all votes shall be recorded, including the vote of each individual governing body member by name. For public bodies with more than 25 members, the individual votes do not need to be recorded unless one member makes such a request.

(3) Secret ballots are prohibited.

(4) If written ballots are used, the written ballot shall identify the individual governing body member by name and each governing body member’s vote shall be announced during the meeting at which the vote occurred.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.610, ORS 192.650, ORS 192.660 & ORS 192.685
GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024

Or. Admin. R. 199-050-0060 Minutes or Recordings Required

(1) For all of its meetings, including executive sessions, a governing body shall provide for either written minutes or audio, video, or digital recordings.

(2) The minutes do not need to be a verbatim transcript and the recordings do not need to include a full recording of the meeting, except as otherwise provided by law, but they shall give “a true reflection of the matters discussed at the meeting and the views of the participants” and shall include all of the information identified in ORS 192.650(1).

(3) After the meeting, draft minutes or recordings of all meetings, other than executive sessions, shall be made available to the public in accordance with the requirements of the Public Records Law and the policies or procedures adopted by the Public Body.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.620, ORS 192.650, ORS 192.672 & ORS 192.685
GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024

Or. Admin. R. 199-050-0065 State Board or Commission Meetings Held Through Telephone or Electronic Means; Video and Audio Recordings

(1) A state board or commission that meets through telephone or other electronic means shall record and promptly publish a recording of the meeting on a publicly accessible website or hosting service so that members of the public may, without charge:

(a) Observe a recording of the meeting if it was conducted through videoconference technology; or

(b) Listen to a recording of the meeting if it was conducted through teleconference technology that did not include video capabilities.

(2) The requirements of subsection (1) do not apply to any portion of a meeting that was lawfully held in executive session.

(3) The requirements of subsection (1) apply to any state board or commission within the executive department and whose members are subject to Senate confirmation.

(4) The recording of the meeting shall remain accessible on the website or hosting service for no fewer than 30 days after the meeting.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.610, ORS 192.650, ORS 192.670, ORS 192.672 & ORS 192.685
GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024

Or. Admin. R. 199-050-0070 Grievance Process

(1) The purpose of this rule is to clarify procedures regarding the requirements in ORS 192.705 for filing a written grievance with a public body alleging a violation by a governing body of provisions in Public Meetings Law.

(2) The written grievance shall be submitted to the public body within 30 calendar days from the date of the meeting where the alleged violation occurred. The written grievance shall identify:

(a) The governing body that allegedly violated the Public Meetings Law;

(b) The date of the meeting where the alleged violation occurred;

(d) The date of the grievance; and

(e) The name and contact information of the person submitting the grievance.

(3) The public body shall accept grievances that are filed through in-person delivery during regular business hours, by first-class mail, and by email. In addition, the public body may accept grievances by any other means it deems appropriate. A public body shall post on its website the person and contact information to whom a grievance may be submitted and the regular business hours during which in-person grievances will be accepted. In the absence of a designated person, a grievance may be submitted to the public body’s chief administrative officer or to the chair of the governing body. If the public body does not maintain a publicly accessible website, the public body shall provide notice of the person and contact information to whom a grievance may be submitted and the regular business hours during which in-person grievances will be accepted in the same manner that it provides notice of its public meetings.

(4) The public body’s written response to the grievance shall be submitted to the person who made the grievance within 21 calendar days from the date the grievance was received by the public body and shall satisfy the other requirements in ORS 192.705(2).

(5) As required by ORS 192.705(3), at the same time the public body responds to a grievance, it shall submit a copy of the grievance and its response to the Commission. The submission of the grievance and response to the Commission can be made by mail or by e-mail at the e-mail address identified on the Commission’s website.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.705 & ORS 192.685
GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024

Or. Admin. R. 199-050-0075 Complaints; Dismissal for Failure To Satisfy ORS 192.685

(1) The purpose of this rule is to clarify procedures regarding the opening of one or more preliminary reviews based on a complaint of violations of the Public Meetings Law made against one or more members of a governing body.

(2) A complaint alleging violations of Public Meetings Law that is filed with the Commission under ORS 192.685 will be construed as a complaint against all members of the governing body and cases will be opened for each member of the governing body.

(3) When a complaint involves the members of a governing body, the Commission hearing of the governing body members’ cases will be consolidated at the preliminary review phase and investigative phase, unless one or more members of the governing body object to the consolidation. At the conclusion of the preliminary review phase or investigative phase, the Commission will make individual determinations regarding the cases of each member of the governing body.

(4) A complaint that is dismissed for failing to comply with the grievance requirements in ORS 192.685 is a procedural dismissal only. The dismissal does not prevent the Commission from taking up the matter on the Commission’s own motion. The dismissal does not prohibit the Commission from considering a new complaint based upon the same conduct alleged in the dismissed complaint, if the new complaint is based on a grievance that was timely submitted to the public body and that complied with these rules.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.685, ORS 192.705 & ORS 244.260
GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024

Or. Admin. R. 199-050-0080 Training Requirements

(1) All members of governing bodies are encouraged to comply with the minimum training requirements in Section (2)(a) through (c) of this rule.

(2) If a governing body has total expenditures of $1 million or more in a fiscal year, as adjusted for inflation in the manner required by ORS 192.700(3), each member of the governing body shall:

(a) At least once during each term of office, attend or view a training on Oregon’s Public Meetings Law provided by the Commission or approved by the Commission in the manner described in OAR 199-005-0085;

(b) Maintain a record of the training viewed or attended, including the date viewed or attended and the name of the provider of the training; and

(3) A person who serves on multiple governing bodies, each of which require the mandatory training, may attend a single training to satisfy the requirements in section (2) of this rule so long as that training occurs during each applicable term of office.

(4) Exceptions. The training requirements in section (2) of this rule do not apply to:

(a) Members of a governing body if the governing body has total expenditures of less than $1 million in a fiscal year, as adjusted for inflation; or

(b) Members of governing bodies of state government as defined by ORS 174.111.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.685 & ORS 192.700
GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024

Or. Admin. R. 199-050-0085 Training Delegation and Approval Process

(1) The Commission may delegate the preparation and presentation of Public Meetings Law trainings required under ORS 192.700 to another organization. A training provided by an entity other than the Commission does not satisfy the requirements of ORS 192.700 unless the Commission has approved the content of the training prior to the presentation of the training.

(2) An organization seeking Commission approval of its training shall submit a request, using the form available on the Commission's website, no less than 30 days prior to the presentation of the training. The organization shall provide copies of all training resources applicable to the training presentation, such as slides, handouts, narratives, and recordings, to the Commission for its review.

(3) The Commission’s Executive Director will review the training content for accuracy to ensure that the training includes all substantive requirements of the Public Meetings Law and best practices for ensuring compliance with the Public Meetings Law. The Commission will make available on its website the rubric by which the Commission’s Executive Director will evaluate whether or not a training meets the requirements.

(4) If the training content meets the requirements to the satisfaction of the Commission’s Executive Director, the Commission’s Executive Director shall approve the training program. A list of approved trainings programs shall be available on the Commission's website so that any person may verify that the training has been approved.

(5) The Commission's approval of an organization's training will expire one year from the date of approval. Organizations will need to resubmit their training or submit new training for approval annually.

History

Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 192.700
GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024

OAR Chapter 199 — Oregon Government Ethics Commission

Division 1 PROCEDURAL RULES

Or. Admin. R. 199-001-0000 Notice of Proposed Rule

Or. Admin. R. 199-001-0005 Model Rules of Procedure

Or. Admin. R. 199-001-0007 Commission Funding

Or. Admin. R. 199-001-0010 Definitions, Commission Meetings and Procedures

Or. Admin. R. 199-001-0030 Advisory Opinions

Division 5 GIFTS

Or. Admin. R. 199-005-0001 Definitions

Or. Admin. R. 199-005-0003 Legislative or Administrative Interest Defined in ORS 244.020

Or. Admin. R. 199-005-0005 Determining the Value Received by Public Officials

Or. Admin. R. 199-005-0010 Resale Value of Unsolicited Tokens or Awards

Or. Admin. R. 199-005-0015 Attendance at Receptions, Meals or Meetings under ORS 244.020(7)(b)(E)

Or. Admin. R. 199-005-0020 Gift Exceptions in ORS 244.020(7)(b)(F) and (H)

Or. Admin. R. 199-005-0025 Entertainment Permitted Under ORS 244.020(7)(b)(M) and (N)

Or. Admin. R. 199-005-0027 Usual and Customary Practice as used in ORS 244.020(7)(b)(O)

Or. Admin. R. 199-005-0030 Determining the Source of Gifts

Division 8 COMPLIANCE AND SANCTIONS

Or. Admin. R. 199-008-0005 Definitions of terms in ORS Chapter 244

Or. Admin. R. 199-008-0008 Policy Specifying when a Public Official acting in an Official Capacity may Directly Supervise a Relative or Member of Household under ORS 244.179

Or. Admin. R. 199-008-0014 Guidelines on How Multiple Violations Will Be Charged

Or. Admin. R. 199-008-0015 Oregon Government Ethics Commission Guidelines on Sanctions

Or. Admin. R. 199-008-0020 Settlement

Or. Admin. R. 199-008-0035 Criteria and Procedures for Exercise of Prosecutorial Discretion

Division 10 LOBBYING REGISTRATION AND REPORTING

Or. Admin. R. 199-010-0005 Definitions

Or. Admin. R. 199-010-0025 Lobbyist Registration and Termination Requirements

Or. Admin. R. 199-010-0035 Instructions for Completing Lobbyist Registration

Or. Admin. R. 199-010-0060 Who Must File Quarterly Expenditure Reports

Or. Admin. R. 199-010-0070 Report Filing Deadlines for Lobbyists and Client/Employer of Lobbyists

Or. Admin. R. 199-010-0075 Content of Lobbyist Quarterly Expenditure Report (ORS 171.745)

Or. Admin. R. 199-010-0080 How Lobbyists Report Expenditures

Or. Admin. R. 199-010-0095 Content of Client/Employer Quarterly Expenditure Report (ORS 171.750)

Or. Admin. R. 199-010-0150 Civil Penalty for Late Filing and Lobby Law Violations

Division 20 STATEMENT OF INTEREST

Or. Admin. R. 199-020-0005 Identification of Public Officials Required to File Annual Verified Statements of Economic Interest

Or. Admin. R. 199-020-0008 Exemption Procedure for Annual Verified Statements of Economic Interest

Or. Admin. R. 199-020-0013 Filing an Annual Verified Statement of Economic Interest

Or. Admin. R. 199-020-0020 Filing Deadlines

Or. Admin. R. 199-020-0023 Guidelines for Compliance with ORS 244.060

Division 40 EXECUTIVE SESSION

Or. Admin. R. 199-040-0015 Commencement and Adjournment of an Executive Session

Or. Admin. R. 199-040-0020 Permitted and Prohibited Topics for Executive Session

Or. Admin. R. 199-040-0025 Complaints

Or. Admin. R. 199-040-0027 Employment of a Public Officer, Employee, Staff Member or Individual Agent under ORS 192.660(2)(a) and Compliance with ORS 192.660(7)(d)

Or. Admin. R. 199-040-0030 Notice to Public Official under ORS 192.660(2)(b) or (i)

Or. Admin. R. 199-040-0050 Consultation with Legal Counsel

Or. Admin. R. 199-040-0060 Prohibition on Making Decisions in Executive Session

Division 50 PUBLIC MEETINGS LAW

Or. Admin. R. 199-050-0005 Definitions

Or. Admin. R. 199-050-0010 Governing Bodies Subject to the Public Meetings Law

Or. Admin. R. 199-050-0015 Meetings Subject to the Public Meetings Law

Or. Admin. R. 199-050-0020 Serial Communications Prohibited

Or. Admin. R. 199-050-0040 Notice Requirements

Or. Admin. R. 199-050-0050 Public Attendance; Meeting Locations

Or. Admin. R. 199-050-0055 Public Vote Requirements

Or. Admin. R. 199-050-0060 Minutes or Recordings Required

Or. Admin. R. 199-050-0065 State Board or Commission Meetings Held Through Telephone or Electronic Means; Video and Audio Recordings

Or. Admin. R. 199-050-0070 Grievance Process

Or. Admin. R. 199-050-0075 Complaints; Dismissal for Failure To Satisfy ORS 192.685

Or. Admin. R. 199-050-0080 Training Requirements

Or. Admin. R. 199-050-0085 Training Delegation and Approval Process

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