The Oregon Government Ethics Laws Are Revised Again

On April 15, 2009, Governor Ted Kulongoski signed into law Senate Bill 30, the latest reforms to the Oregon Government Ethics Laws. The changes went into effect immediately upon signing, addressing many of the issues created by the changes made to the laws in 2007.

Among the most important changes that affect public officials are the following:

• Public officials may now accept admission to events and associated food and beverage when representing a local government or a special district. The 2007 legislation had only allowed the gift exemption when a public official appeared to speak or answer questions as part of a scheduled program.
• The term "candidate" is now defined and has been added throughout ORS 244 to note that the provisions that apply to public officials now also apply to candidates.
• The definition of "legislative or administrative interest" is expanded to mean an economic interest distinct from that of the general public in "any matter subject to the discussion or vote of the public official acting in the public official's capacity as a public official." It also applies to any matter that would be subject to the decision or vote of a candidate if a candidate is elected and would be acting in the capacity of a public official.
• The statement of economic interest requirements has been changed so that:
  1. Less detail is required concerning sources of income. Only information about income that is 10 percent or more of the total annual household income is reported;
  2. Names of household members 18 years of age and older are no longer required; and
  3. Names of relatives who are not members of the public official's household are no longer required.
• Language was moved within the law from ORS 244.100 to 244.060 to better identify what information must be provided in the statement of economic interest.
• ORS 244.282 was modified to add more protection to a public official who takes a good faith action in reliance on a staff advisory opinion. In such circumstances, the commission may now only issue a written letter of reprimand, explanation, or education.
• If a person requests an opinion and the commission determines that the person omitted or misstated material facts in making a request for an advisory opinion, the commission may impose a penalty if the action is subject to a penalty and the action is taken in reliance on a staff advisory opinion.
• The manual on government ethics published by the commission can be relied upon by those public officials or candidates who take good faith action in reliance on the manual. The commission may not impose a penalty for good faith action taken.
• The requirement that the commission develop an electronic filing system has been delayed from January 1, 2010 to January 1, 2013.
• The commission may not disclose the names of any relatives or members of a household supplied by public officials on statements of economic interest filed between January 1, 2008 and April 15, 2009.

Published April 30, 2009

This article is intended to inform the reader of general legal principles applicable to the subject area. It is not intended to provide legal advice regarding specific problems or circumstances. Readers should consult with competent counsel with regard to specific situations.

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