justicedao/ipfs_state_laws huggingface dataset:
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; (c) The name of any member of the Legislative Assembly employed, retained or otherwise compensated by 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; (c) A general description of the client/employer’s type of business or activity; (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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 171.740 History: 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
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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 171.745 & ORS 171.750 History: 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
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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 171.752 History: 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
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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 171.745 History: 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
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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.050, 244.060, 244.070 & 244.090 History: 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
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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.050 & 244.290 History: GEC 11-2021, amend filed 12/07/2021, effective 12/30/2021 GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.050 History: GEC 11-2021, adopt filed 12/07/2021, effective 12/30/2021
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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.050 History: 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
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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.050 & ORS 244.060 History: GEC 11-2021, adopt filed 12/07/2021, effective 12/30/2021
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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.660 History: GEC 10-2021, adopt filed 12/07/2021, effective 12/30/2021
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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.660 History: GEC 10-2021, amend filed 12/07/2021, effective 12/30/2021 GEC 2-2016, f. & cert. ef. 6-1-16
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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.660 History: GEC 10-2021, amend filed 12/07/2021, effective 12/30/2021 GEC 2-2016, f. & cert. ef. 6-1-16
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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.660(2)(b) & 192.660(2)(i) History: GEC 2-2016, f. & cert. ef. 6-1-16
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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.660(2)(h) History: GEC 2-2016, f. & cert. ef. 6-1-16
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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 192.610, ORS 192.685 & ORS 192.660 History: GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024
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 . 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 History: GEC 1-2024, adopt filed 09/24/2024, effective 10/01/2024