reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.049 - Prohibition on use of moneys to make payments in connection with nondisclosure agreement relating to workplace harassment.

(1) A holder of public office or candidate may not:
(a) Use public moneys to make payments in connection with a nondisclosure agreement relating to workplace harassment; or
(b) Use moneys received from a third party to make payments in connection with a nondisclosure agreement relating to workplace harassment if the alleged harassment occurred when the holder of public office or candidate was acting as a holder of public office or candidate.
(2) A nondisclosure agreement made in violation of this section is void and may not be enforced by a court of this state.
(3) As used in this section:
(a) "Payments in connection with a nondisclosure agreement" includes any form of consideration provided in exchange for the silence of an individual on issues relating to workplace harassment, including but not limited to:
(A) Money;
(B) Stock, personal property or other items with a resale value;
(C) Severance pay or benefits for an individual who resigned or was fired from a place of employment without cause;
(D) The promise of a positive reference or assistance in obtaining future employment in a position in which the individual’s salary is paid for with public moneys;
(E) The promise of a bonus payment of moneys in addition to the individual’s salary;
(F) Alternative work arrangements that have the effect of reducing the amount of work required to be performed by the individual, or of removing the individual from the workplace; or
(G) Any agreement that terminates the employment of the individual and includes a waiver of past or future claims against the holder of public office, the public body or any public employee.
(b) "Public office" has the meaning given that term in ORS 260.005.
(c) "Workplace harassment" means conduct that constitutes discrimination prohibited by ORS 659A.030, including conduct that constitutes sexual assault as defined in ORS 181A.323.
(4) This section does not prevent a holder of public office from using public moneys to make payments in connection with the receipt of a legally required confidential or privileged report of discrimination, sexual assault or harassment, including workplace harassment. [2019 c.462 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.055 - Additional reporting requirements for State Treasury; review; confidentiality.

(1) In addition to the statement required by ORS 244.050, the State Treasurer and any person listed under ORS 244.050 (1)(r) and subsection (5) of this section shall file at a time fixed by the State Treasurer a quarterly statement of investment activity that shall include all securities transactions and holdings. The contents of the statement shall be established by policy by the State Treasurer and must:
(a) Represent best practices for state investment funds; and
(b) Require disclosure comparable in scope to the disclosure required for investment advisers under federal law, including the Investment Advisers Act of 1940, 15 U.S.C. 80b-1 et seq. and 17 C.F.R. 275.204A-1.
(2) The statement required by subsection (1) of this section shall be filed for review with the State Treasurer, the Attorney General and the Division of Audits of the office of the Secretary of State. The content of the statement is confidential.
(3) If the State Treasurer or the Deputy State Treasurer determines that a conflict of interest exists for an officer or employee, the State Treasurer shall subject the person to appropriate discipline, including dismissal or termination of the contract, or both, pursuant to rule. If the State Treasurer has cause to believe that a violation of this chapter has occurred, the State Treasurer shall file a complaint with the Oregon Government Ethics Commission under ORS 244.260.
(4) If the State Treasurer fails to act on an apparent conflict of interest under subsection (3) of this section or if the statement of the State Treasurer or the Deputy State Treasurer appears to contain a conflict of interest, the Director of the Division of Audits shall report the failure or apparent conflict to the Attorney General, who may file a complaint with the commission.
(5) In addition to the State Treasurer and any person listed under ORS 244.050 (1)(r), the following persons employed within the office of the State Treasurer must file the statement required under this section:
(a) Debt Management Director;
(b) Finance Division Director;
(c) Chief Operating Officer;
(d) Every member of the Investment Division;
(e) Communications Director;
(f) Legislative Director;
(g) Chief Audit Executive;
(h) Senior Internal Auditor;
(i) Senior Internal Investment Auditor;
(j) Debt Management Division Deputy Director;
(k) Information Services Director;
(L) Finance Division Deputy Director;
(m) Chief Administrative Officer;
(n) Banking Operations Manager;
(o) Every member of the Legal and Compliance Division; and
(p) Any other person employed in the office of the State Treasurer identified by the State Treasurer by policy. [1993 c.743 §26; 2007 c.865 §29; 2011 c.68 §5; 2015 c.620 §10; 2023 c.36 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.070 - Additional statement of economic interest.

A public official or candidate shall report the following additional economic interest for the preceding calendar year only if the source of that interest is derived from an individual or business that has a legislative or administrative interest or that has been doing business, does business or could reasonably be expected to do business with the governmental agency of which the public official holds, or the candidate if elected would hold, an official position or over which the public official exercises, or the candidate if elected would exercise, any authority:
(1) Each person to whom the public official or candidate or a member of the household of the public official or candidate owes or has owed money in excess of $1,000, the interest rate on money owed and the date of the loan, except for debts owed to any federal or state regulated financial institution or retail contracts.
(2) The name, principal address and brief description of the nature of each business in which the public official or candidate or a member of the household of the public official or candidate has or has had a personal, beneficial interest or investment, including stocks or other securities, in excess of $1,000, except for individual items involved in a mutual fund or a blind trust, or a time or demand deposit in a financial institution, shares in a credit union, or the cash surrender value of life insurance.
(3) Each person for whom the public official or candidate has performed services for a fee in excess of $1,000, except for any disclosure otherwise prohibited by law or by a professional code of ethics. [1974 c.72 §6; 1975 c.543 §5; 1987 c.566 §12; 2007 c.877 §20; 2009 c.68 §7]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.080

[Subsection (1) enacted as 1974 c.72 §8; subsection (2) enacted as 1975 c.543 §7(1); 1977 c.588 §4; 1987 c.566 §13; repealed by 2007 c.865 §41]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.090 - Report on association with compensated lobbyist.

(1) Each public official or candidate required to file a statement of economic interest under this chapter shall include on the statement the name of any compensated lobbyist who, during the preceding calendar year, was associated with a business with which the public official or candidate or a member of the household of the public official or candidate was also associated.
(2) Subsection (1) of this section does not apply if the only relationship between the public official or candidate and the lobbyist is that the public official or candidate and lobbyist hold stock in the same publicly traded corporation.
(3) As used in this section, "lobbyist" has the meaning given that term in ORS 171.725. [1974 c.72 §7; 1975 c.543 §6; 1987 c.566 §14; 2007 c.865 §32]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.100 - Statements of expenses or honoraria provided to public official.

(1) Any organization, unit of government, tribe or corporation that provides a public official with expenses with an aggregate value exceeding $50 for an event described in ORS 244.020 (7)(b)(F) shall notify the public official in writing of the amount of the expense. The organization, unit, tribe or corporation shall provide the notice to the public official within 10 days after the date the expenses are incurred.
(2) Any person that provides a public official or candidate, or a member of the household of the public official or candidate, with an honorarium or other item allowed under ORS 244.042 with a value exceeding $15 shall notify the public official or candidate in writing of the value of the honorarium or other item. The person shall provide the notice to the public official or candidate within 10 days after the date of the event for which the honorarium or other item was received. [1975 c.543 §11; 1991 c.677 §1; 2007 c.865 §6; 2007 c.877 §21a; 2009 c.68 §8; 2015 c.620 §6]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.110 - Statements subject to penalty for false swearing.

(1) Each statement of economic interest required to be filed under ORS 244.050, 244.060, 244.070 or 244.090, or by rule under ORS 244.290, and each investment activity statement required to be filed under ORS 244.055 shall be certified as true by the person required to file it and shall contain a written declaration that the statement is made under the penalties of false swearing.
(2) A person may not certify a statement under subsection (1) of this section if the person knows that the statement contains information that is false.
(3) Violation of subsection (2) of this section is punishable as false swearing under ORS 162.075. [1974 c.72 §22; 1977 c.588 §5; 2007 c.865 §7; 2009 c.68 §10; 2023 c.36 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.115 - Filing required for member of Congress or candidate; filing date.

(1) Each member of Congress from this state and each candidate for nomination or election to the office of United States Representative in Congress or United States Senator from this state shall file with the Oregon Government Ethics Commission a copy of the federal ethics filing required under federal law or by congressional rule.
(2) The member or candidate shall file the information required under subsection (1) of this section not later than 30 days after the filing date required under federal law or congressional rule. If the filing is not made in a timely manner, the commission shall obtain copies of the filing and indicate on the filing that the filing was not made with the commission by the member or candidate.
(3) All filings made under this section are public records available for public inspection. [1991 c.160 §7; 2007 c.865 §33]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.120 - Methods of handling conflicts; Legislative Assembly; judges; appointed officials; other elected officials or members of boards.

(1) Except as provided in subsection (2) of this section, when met with an actual or potential conflict of interest, a public official shall:
(a) If the public official is a member of the Legislative Assembly, announce publicly, pursuant to rules of the house of which the public official is a member, the nature of the conflict before taking any action thereon in the capacity of a public official.
(b) If the public official is a judge, remove the judge from the case giving rise to the conflict or advise the parties of the nature of the conflict.
(c) If the public official is any other appointed official subject to this chapter, notify in writing the person who appointed the public official to office of the nature of the conflict, and request that the appointing authority dispose of the matter giving rise to the conflict. Upon receipt of the request, the appointing authority shall designate within a reasonable time an alternate to dispose of the matter, or shall direct the official to dispose of the matter in a manner specified by the appointing authority.
(2) An elected public official, other than a member of the Legislative Assembly, or an appointed public official serving on a board or commission, shall:
(a) When met with a potential conflict of interest, announce publicly the nature of the potential conflict prior to taking any action thereon in the capacity of a public official; or
(b) When met with an actual conflict of interest, announce publicly the nature of the actual conflict and:
(A) Except as provided in subparagraph (B) of this paragraph, refrain from participating as a public official in any discussion or debate on the issue out of which the actual conflict arises or from voting on the issue.
(B) If any public official’s vote is necessary to meet a requirement of a minimum number of votes to take official action, be eligible to vote, but not to participate as a public official in any discussion or debate on the issue out of which the actual conflict arises.
(3) Nothing in subsection (1) or (2) of this section requires any public official to announce a conflict of interest more than once on the occasion which the matter out of which the conflict arises is discussed or debated.
(4) Nothing in this section authorizes a public official to vote if the official is otherwise prohibited from doing so. [1974 c.72 §10; 1975 c.543 §7; 1987 c.566 §15; 1993 c.743 §15]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.130 - Recording of notice of conflict; effect of failure to disclose conflict.

(1) When a public official gives notice of an actual or potential conflict of interest, the public body as defined in ORS 174.109 that the public official serves shall record the actual or potential conflict in the official records of the public body. In addition, a notice of the actual or potential conflict and how it was disposed of may in the discretion of the public body be provided to the Oregon Government Ethics Commission within a reasonable period of time.
(2) A decision or action of any public official or any board or commission on which the public official serves or agency by which the public official is employed may not be voided by any court solely by reason of the failure of the public official to disclose an actual or potential conflict of interest. [1974 c.72 §11; 1975 c.543 §8; 1993 c.743 §16; 2007 c.865 §9]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.160 - Filing of statement of economic interest by public official of political subdivision other than city or county.

(1) Any political subdivision in this state, other than a city or county, by resolution may require any public official of the subdivision to file a verified statement of economic interest with the Oregon Government Ethics Commission.
(2) The political subdivision shall file a copy of the resolution with the commission. [1974 c.72 §9; 2007 c.865 §34]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.162 - Information provided to persons required to file statement of economic interest.

(1) A person designated by a public body as defined in ORS 174.109 shall provide information explaining the requirements of ORS 244.050, 244.060, 244.070 and 244.090 to each newly elected or appointed public official serving the public body who is required to file a verified statement of economic interest under ORS 244.050. The information must be received by the public official either at the first meeting attended by the public official or before the public official takes the oath of office, whichever occurs first.
(2) At the time of fulfilling duties under subsection (1) of this section, the person designated by the public body shall provide to each newly elected or appointed public official serving the public body a copy of the statements and explanation provided to the public body under subsection (3) of this section.
(3) The Oregon Government Ethics Commission shall provide copies of the statements described in ORS 244.060, 244.070 and 244.090 and an explanation of the requirements of the law relating to the statements to each public body that is served by a public official who is required to file a statement described in ORS 244.060, 244.070 or 244.090.
(4) A newly elected or appointed public official serving a public body who is not informed of the filing requirements under ORS 244.050, 244.060, 244.070 and 244.090 and provided with a copy of the statements and explanation as required under this section before attending the first meeting or taking the oath of office may resign that office within 90 days thereafter or before the next date specified in ORS 244.050 for the filing of a statement, whichever is later, without filing a verified statement of economic interest and without incurring a sanction or penalty that might otherwise be imposed for not filing. [Formerly 244.195]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.165 - Rules or policies of state agency or association of public bodies; commission approval; effect.

(1) For the purpose of protecting against violations of the provisions of this chapter, a state agency, as defined in ORS 183.750, or a statewide association of public bodies, as defined in ORS 174.109, may adopt rules or policies interpreting the provisions of this chapter. The rules or policies must be consistent with the provisions of this chapter. A state agency or a statewide association of public bodies may submit rules or policies adopted under this subsection to the Oregon Government Ethics Commission for review.
(2) Upon receiving rules or policies submitted under subsection (1) of this section, the commission shall review the rules and policies to determine whether the rules and policies are consistent with the provisions of this chapter. The commission, by a vote of a majority of the members of the commission, shall approve or reject the rules or policies. The commission shall notify the state agency or statewide association of public bodies in writing of the commission’s approval or rejection. A written notice of rejection shall explain the reasons for the rejection.
(3) Unless the applicable rule or policy is amended or repealed by the state agency or the statewide association of public bodies, the commission may not impose a penalty under ORS 244.350 or 244.360 on a public official for any good faith action the official takes in compliance with a rule or policy that was adopted by the state agency that the official serves, or by a statewide association of which the public body that the official serves is a member, and approved by the commission under subsection (2) of this section. [2007 c.865 §5; 2007 c.877 §39b]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.175 - Definitions for ORS 244.177 and 244.179.

As used in ORS 244.177 and 244.179:
(1) "Governing body" has the meaning given that term in ORS 192.610.
(2) "Public body" has the meaning given that term in ORS 174.109. [2007 c.865 §26b; 2009 c.689 §3; 2013 c.42 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.177 - Employment of relative or member of household; exceptions.

(1) Except as provided in subsections (2) to (4) of this section:
(a) A public official may not appoint, employ or promote a relative or member of the household to, or discharge, fire or demote 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 this chapter.
(b) A public official may not participate 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. As used in this paragraph, "participate" does not include serving as a reference, providing a recommendation or performing other ministerial acts that are part of the normal job functions of the public official.
(2) A member of the Legislative Assembly may appoint, employ, promote, discharge, fire or demote, or advocate for the appointment, employment, promotion, discharge, firing or demotion of, a relative or member of the household to or from a position on the personal legislative staff of the member of the Legislative Assembly.
(3)(a) A public official may appoint, employ, promote, discharge, fire or demote, or advocate for the appointment, employment, promotion, discharge, firing or demotion of, a relative or member of the household to or from a position as an unpaid volunteer with the public body that the public official serves or over which the public official exercises jurisdiction or control.
(b) Paragraph (a) of this subsection does not apply to the appointment, employment, promotion, discharge, firing or demotion of a relative or member of the household to a position as an unpaid member of a governing body of the public body that the public official serves or over which the public official exercises jurisdiction or control.
(c) A relative or member of the household described in paragraph (a) of this subsection may receive reimbursement of expenses provided in the ordinary course of business to similarly situated unpaid volunteers.
(4) This section does not prohibit a public body from appointing, employing, promoting, discharging, firing or demoting a person who is a relative or member of the household of a public official serving the public body. [2007 c.865 §26c]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.179 - Supervision of relative or member of household; exceptions.

(1) Notwithstanding ORS 659A.309 and except as provided in subsections (2) to (4) of this section, a public official acting in an official capacity may not directly supervise a person who is a relative or member of the household.
(2) A member of the Legislative Assembly may directly supervise a person who:
(a) Is a relative or member of the household; and
(b) Serves as a public official in a position on the personal legislative staff of the member of the Legislative Assembly.
(3)(a) A public official acting in an official capacity may directly supervise a person who is a relative or member of the household if the person serves as an unpaid volunteer.
(b) Paragraph (a) of this subsection does not apply to service by a person in a position as an unpaid member of a governing body that a public official of whom the person is a relative or member of the household serves or over which the public official exercises jurisdiction or control.
(c) A relative or member of the household serving as an unpaid volunteer described in paragraph (a) of this subsection may receive reimbursement of expenses provided in the ordinary course of business to similarly situated unpaid volunteers.
(4) A public body may adopt policies specifying when a public official acting in an official capacity may directly supervise a person who is a relative or member of the household. [2007 c.865 §26d]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.205 - Legal expense trust fund; establishment; eligible legal expenses.

(1) Subject to the authorization of the Oregon Government Ethics Commission as described in ORS 244.209, a public official may establish a legal expense trust fund if the public official incurs or reasonably expects to incur legal expenses described in subsection (2) of this section.
(2) Proceeds from the trust fund may be used by the public official to defray legal expenses incurred by the public official in any civil, criminal or other legal proceeding or investigation that relates to or arises from the course and scope of duties of the person as a public official. The legal expenses must be incurred in connection with:
(a) The issuance of a court’s stalking protective order under ORS 30.866 or 163.738;
(b) The issuance of a citation under ORS 163.735;
(c) A criminal prosecution under ORS 163.732;
(d) A civil action under ORS 30.866; or
(e) Defending the public official in a proceeding or investigation brought or maintained by a public body as defined in ORS 174.109.
(3) Except as provided in subsection (2) of this section, a public official may not use proceeds from the trust fund for any personal use.
(4) A public official may not establish or maintain more than one legal expense trust fund at any one time.
(5) The provisions of ORS chapter 130 do not apply to a trust fund established under ORS 244.205 to 244.221. [2007 c.877 §29; 2009 c.505 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.207 - Use of fund proceeds.

(1) The proceeds of a legal expense trust fund may be used to:
(a) Defray legal expenses described in ORS 244.205;
(b) Defray costs reasonably incurred in administering the trust fund, including but not limited to costs incident to the solicitation of funds; and
(c) Discharge any tax liabilities incurred as a result of the creation, operation or administration of the trust fund.
(2) The proceeds of a trust fund may also be used to defray or discharge expenses, costs or liabilities incurred before the fund was established if the expenses, costs or liabilities are related to the legal proceeding for which the fund was established. [2007 c.877 §30]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.209 - Application to establish fund; commission review and authorization.

(1) A public official may apply to establish a legal expense trust fund by filing an application with the Oregon Government Ethics Commission. The application must contain:
(a) A copy of an executed trust agreement described in subsection (2) of this section;
(b) A sworn affidavit described in subsection (3) of this section signed by the public official; and
(c) A sworn affidavit described in subsection (4) of this section signed by the trustee.
(2) The trust agreement must contain the following:
(a) A provision incorporating by reference the provisions of ORS 244.205 to 244.221; and
(b) A designation of a trustee under ORS 244.211.
(3) The affidavit of the public official must state:
(a) The nature of the legal proceeding that requires establishment of the trust fund;
(b) That the public official will comply with the provisions of ORS 244.205 to 244.221; and
(c) That the public official is responsible for the proper administration of the trust fund.
(4) The affidavit of the trustee must state that the trustee:
(a) Has read and understands ORS 244.205 to 244.221; and
(b) Consents to administer the trust fund in compliance with ORS 244.205 to 244.221.
(5) Upon receiving an application under this section, the commission shall review the trust agreement, the affidavits and any supporting documents or instruments filed to determine whether the application meets the requirements of ORS 244.205 to 244.221. If the commission determines that the application meets the requirements of ORS 244.205 to 244.221, the commission shall grant written authorization to the public official to establish the trust fund.
(6) The commission shall review the quarterly statements required under ORS 244.217 and shall monitor the activities of each trust fund to ensure continued compliance with ORS 244.205 to 244.221.
(7) Unless subject to the attorney-client privilege, all documents required to be filed relating to the creation and administration of a trust fund are public records subject to disclosure as provided in ORS 192.311 to 192.478.
(8) A public official may not establish a legal expense trust fund without receiving prior written authorization of the commission as described in this section.
(9) A public official may file an amendment to a trust agreement approved as part of a trust fund under this section. The commission shall approve the amendment if the commission determines the amendment meets the requirements of ORS 244.205 to 244.221. [2007 c.877 §31; 2009 c.505 §3]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.211 - Duties of trustee.

(1) The trustee of a legal expense trust fund is responsible for:
(a) The receipt and deposit of contributions to the trust fund;
(b) The authorization of expenditures and disbursements from the trust fund;
(c) The filing of quarterly statements required under ORS 244.217; and
(d) The performance of other tasks incident to the administration of the trust fund.
(2) The public official who establishes the trust fund may either serve as the public official’s own trustee or may appoint and certify to the Oregon Government Ethics Commission the name and address of a trustee. Any default or violation by the trustee shall be conclusively considered a default or violation by the public official. [2007 c.877 §32; 2009 c.505 §2]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.213 - Contributions to fund.

(1) Except as provided in subsection (3) of this section, any person may contribute to a legal expense trust fund established under ORS 244.205 to 244.221.
(2) A person may make contributions of moneys to a legal expense trust fund in unlimited amounts. Pro bono legal assistance and other in-kind assistance may also be provided without limit and is considered a contribution subject to the reporting requirements of ORS 244.217.
(3) A political committee as defined in ORS 260.005 that is a principal campaign committee may not contribute to a legal expense trust fund. [2007 c.877 §33]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.215 - Fund account.

(1) A trustee of a legal expense trust fund shall establish a single exclusive account in a financial institution, as defined in ORS 706.008. The financial institution must be located in this state and must ordinarily conduct business with the general public in this state.
(2) The trustee shall maintain the account in the name of the trust fund.
(3) All expenditures made by the trustee shall be drawn from the account and:
(a) Issued on a check signed by the trustee; or
(b) Paid using a debit card or other form of electronic transaction.
(4) A contribution received by a trustee shall be deposited into the account not later than seven calendar days after the date the contribution is received. This subsection does not apply to in-kind contributions received.
(5) This section does not prohibit the transfer of any amount deposited in the account into a certificate of deposit, stock fund or other investment instrument.
(6) The account may not include any public or private moneys or any moneys of any other person, other than contributions received by the trustee.
(7) A trustee shall retain a copy of each financial institution account statement from the account described in this section for not less than two years after the date the statement is issued by the financial institution. [2007 c.877 §34]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.217 - Statement of contributions received and expenditures made.

(1) The trustee of a legal expense trust fund shall, according to the schedule described in subsection (3) of this section, file with the Oregon Government Ethics Commission a statement for the applicable reporting period showing contributions received by the trustee and expenditures made from the trust fund account established under ORS 244.215.
(2) Each statement shall list:
(a) The name and address of each person who contributed an aggregate amount of more than $75, and the total amount contributed by that person;
(b) The total amount of contributions not listed under paragraph (a) of this subsection as a single item, but shall specify how those contributions were obtained;
(c) The amount and purpose of each expenditure and the name and address of each payee; and
(d) The name and address of any person contributing pro bono legal assistance and the fair market value of the assistance provided by the person.
(3) Statements required to be filed with the commission under this section shall be filed according to the schedule described in ORS 244.218.
(4) If no contributions are received and no expenditures made during the reporting period, the trustee shall file a statement indicating that no contributions were deposited and no expenditures were made.
(5) The trustee may amend a statement filed under this section without penalty if the amendment is filed with the commission not later than 30 days after the deadline for filing the statement. [2007 c.877 §35]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.218 - Quarterly filing of statements.

Statements required to be filed with the Oregon Government Ethics Commission under ORS 244.217 shall be filed in each calendar year:
(1) Not later than April 15, for the accounting period beginning January 1 and ending March 31;
(2) Not later than July 15, for the accounting period beginning April 1 and ending June 30;
(3) Not later than October 15, for the accounting period beginning July 1 and ending September 30; and
(4) Not later than January 15 of the following calendar year, for the accounting period beginning October 1 and ending December 31. [Formerly 244.105]
Note:
244.218 was added to and made a part of ORS chapter 244 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.219 - Termination of fund.

(1) A legal expense trust fund established under ORS 244.205 to 244.221 may be terminated by:
(a) The public official who established the trust fund;
(b) Subject to subsection (2) of this section, the terms of the trust agreement; or
(c) The Oregon Government Ethics Commission following a determination by the commission that a violation of any provision of this chapter has occurred in connection with the trust fund.
(2) A trust agreement may provide that a legal expense trust fund is terminated not later than six months following the completion of the legal proceeding for which the fund was established. Upon application of the public official who established the trust fund, the commission may extend the existence of the trust fund to a specified date if the commission determines that the public official has incurred legal expenses that exceed the balance remaining in the fund. If the commission extends the existence of the trust fund, the trust fund terminates on the date the extension expires.
(3) Following termination of a legal expense trust fund, the trustee may not accept contributions to or make expenditures from the fund.
(4) Not later than 30 days after a trust fund is terminated, the trustee of the fund shall file with the commission a final report listing the totals of all contributions made to the fund and all expenditures made from the fund. [2007 c.877 §36]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.221 - Disposition of moneys in terminated fund; distribution of award of attorney fees, costs or money judgment.

(1) Not later than 30 days after a legal expense trust fund is terminated, the trustee of the fund shall return any moneys remaining in the fund to contributors to the fund on a pro rata basis.
(2) If the legal proceeding for which the trust fund was established results in an award of attorney fees, costs or any other money judgment award to or in favor of the public official, amounts awarded shall be distributed in the following order:
(a) To pay outstanding legal expenses;
(b) To contributors to the trust fund on a pro rata basis; and
(c) To the public official or, if required by the trust agreement, to an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code. [2007 c.877 §37]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.250 - Oregon Government Ethics Commission; appointment; term; quorum; compensation; legal counsel.

(1) The Oregon Government Ethics Commission is established, consisting of nine members. The appointment of a member of the commission is subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. Members shall be appointed in the following manner:
(a) The Governor shall appoint eight members from among persons recommended, two each by the leadership of the Democratic and Republican parties in each house of the Legislative Assembly. If a person recommended by the leadership of the Democratic or Republican party is not approved by the Governor, the leadership shall recommend another person.
(b) The Governor shall appoint one member without leadership recommendation.
(2) A person who holds any public office listed in ORS 244.050 (1) except as a member of the commission may not be appointed to the commission. No more than three members may be members of the same political party.
(3) The term of office of a member is four years. A member is not eligible to be appointed to more than two full terms but may additionally serve out an unexpired term. Vacancies shall be filled by the appointing authority for the unexpired term.
(4) The commission shall elect a chairperson and vice chairperson for such terms and duties as the commission may require.
(5) A quorum consists of five members but a final decision may not be made without an affirmative vote of a majority of the members appointed to the commission.
(6) Members shall be entitled to compensation and expenses as provided in ORS 292.495.
(7) The commission may retain or appoint qualified legal counsel who must be a member of the Oregon State Bar and who is responsible to the commission. The appointment of legal counsel under this subsection may be made only when the commission finds it is inappropriate and contrary to the public interest for the office of the Attorney General to represent concurrently more than one public official or agency in any matter before the commission because the representation:
(a) Would create or tend to create a conflict of interest; and
(b) Is not subject to ORS 180.230 or 180.235.
(8) The Attorney General may not represent before the commission any state public official who is the subject of any complaint or action of the commission at the commission’s own instigation. [1974 c.72 §12; 1977 c.588 §6; 1987 c.566 §18; 1991 c.770 §3; 1993 c.743 §17; 2007 c.865 §1; 2015 c.619 §1; 2021 c.266 §1]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.255 - Commission funding; rules.

(1) The Oregon Government Ethics Commission shall estimate in advance the expenses that it will incur during a biennium in carrying out the provisions of ORS 171.725 to 171.785, 171.992 and 192.610 to 192.705 and this chapter. The commission shall also determine what percentage of the expenses should be borne by the following two groups of public bodies:
(a) Public bodies in state government; and
(b) Local governments, local service districts and special government bodies that are subject to the Municipal Audit Law.
(2) The commission shall charge each public body for the public body’s share of the expenses described in subsection (1) of this section for the biennium. The amount to be charged each public body shall be determined as follows:
(a) The commission shall determine the rate to be charged public bodies in state government. The same rate shall be applied to each public body described in this paragraph. To determine the amount of the charge for each public body, the commission shall multiply the rate determined under this paragraph by the number of public officials serving the public body.
(b) The commission shall set the charge for local governments, local service districts and special government bodies that are subject to the Municipal Audit Law so that each local government, local service district or special government body described in this paragraph pays an amount of the total expenses for the group that bears the same proportion to the total expenses that the amount charged to the local government, local service district or special government body for the municipal audit fee under ORS 297.485 bears to the total amount assessed for the municipal audit fee.
(3) Each public body shall pay to the credit of the commission the charge described in this section as an administrative expense from funds or appropriations available to the public body in the same manner as other claims against the public body are paid.
(4) All moneys received by the commission under this section shall be credited to the Oregon Government Ethics Commission Account established under ORS 244.345.
(5) The commission shall adopt rules specifying the methods for calculating and collecting the rates and charges described in this section.
(6) As used in this section:
(a) "Local government" and "local service district" have the meanings given those terms in ORS 174.116.
(b) "Public body" has the meaning given that term in ORS 174.109.
(c) "Public official," notwithstanding ORS 244.020 (15), means any person who, on the date the commission charges the public body under this section, is serving the public body as an officer or employee.
(d) "Special government body" has the meaning given that term in ORS 174.117.
(e) "State government" has the meaning given that term in ORS 174.111. [2007 c.877 §2; 2009 c.68 §11; 2015 c.620 §7; 2023 c.417 §9]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.270 - Findings as grounds for removal; notice to public bodies.

(1) If the Oregon Government Ethics Commission finds that an appointed public official has violated any provision of this chapter or any rule adopted under this chapter, or has violated any provision of ORS 192.610 to 192.705 with intentional disregard of the law or willful misconduct, the finding is prima facie evidence of unfitness where removal is authorized for cause either by law or pursuant to section 6, Article VII (Amended) of the Oregon Constitution.
(2) If the commission finds that a public official has violated any provision of this chapter or any rule adopted under this chapter, or has violated any provision of ORS 192.610 to 192.705, the commission shall notify the public body, as defined in ORS 174.109, that the public official serves. The notice shall describe the violation and any action taken by the commission. The commission shall provide the notice not later than 10 business days after the date the commission takes final action against the public official. [1974 c.72 §14; 1977 c.588 §7; 2007 c.865 §11; 2023 c.417 §10]
2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 244 - Government Ethics › Section 244.280 - Commission advisory opinions; effect of reliance on opinion.

(1) Upon the written request of any person, or upon its own motion, the Oregon Government Ethics Commission, under signature of the chairperson, may issue and publish written commission advisory opinions on the application of ORS 192.660 or any provision of this chapter to any proposed transaction or action or any actual or hypothetical circumstance. A commission advisory opinion, and a decision by the commission to issue an advisory opinion on its own motion, must be approved by a majority of the members of the commission. Legal counsel to the commission shall review a proposed commission advisory opinion before the opinion is considered by the commission.
(2) Not later than 60 days after the date the commission receives the written request for a commission advisory opinion, the commission shall issue either the opinion or a written denial of the request. The written denial shall explain the reasons for the denial. The commission may ask the person requesting the advisory opinion to supply additional information the commission considers necessary to render the opinion. The commission, by vote of a majority of the members of the commission, may extend the 60-day deadline by one period not to exceed 60 days.
(3) Except as provided in this subsection, unless the commission advisory opinion is revised or revoked, the commission may not impose a penalty under ORS 244.350 or 244.360 on a person for any good faith action the person takes in reliance on an advisory opinion issued under this section. The commission may impose a penalty under ORS 244.350 or 244.360 on the person who requested the advisory opinion if the commission determines that the person omitted or misstated material facts in making the request. [1974 c.72 §15; 1975 c.543 §9; 1977 c.588 §8; 1987 c.566 §19; 1991 c.272 §2; 1993 c.743 §13; 2007 c.865 §12; 2007 c.877 §25a; 2021 c.264 §1]