Chapter 244 — Chapter 244
66 sections in this chapter.
ORS 244.282 Executive director and staff advisory opinions; effect of reliance on opinion. (1) Upon the written request of any person, the executive director of the Oregon Government Ethics Commission may issue and publish written staff advisory opinions on the application of ORS 192.610 to 192.705 or any provision of this chapter to any proposed transaction or action or any actual or hypothetical circumstance
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(2) Not later than 30 days after the date the executive director receives the written request for a staff advisory opinion, the executive director shall issue either the opinion or a written denial of the request. The written denial shall explain the reasons for the denial. The e…
ORS 244.284 Staff advice; effect of reliance on advice. (1) Upon the written or oral request of any person, the executive director or other staff of the Oregon Government Ethics Commission may issue written or oral staff advice on the application of ORS 192.610 to 192.705 or any provision of this chapter to any proposed transaction or action or any actual or hypothetical circumstance. Any written advice not designated as a staff advisory opinion under ORS 244.282 is considered staff advice issued under this section
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(2) Before imposing any penalty under ORS 244.350 or 244.360, the commission may consider whether the action that may be subject to penalty was taken in reliance on staff advice issued under this section. [2007 c.865 §15; 2007 c.877 §39d; 2021 c.264 §3; 2024 c.14 §5]
ORS 244.290 General duties of commission; rules. (1) The Oregon Government Ethics Commission shall
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(a) Prescribe forms for statements required by this chapter and provide the forms to persons required to file the statements under this chapter or pursuant to a resolution adopted under ORS 244.160. (b) Develop a filing, coding and cross-indexing system consistent with the purpos…
ORS 244.300 Status of records. (1) Records of the Oregon Government Ethics Commission are public records of this state
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(2) All information submitted to the commission in any statement required under this chapter is a public record. [1974 c.72 §18; 1977 c.588 §9; 2007 c.865 §35]
ORS 244.310 Executive director. (1) The Oregon Government Ethics Commission shall appoint an executive director to serve at the pleasure of the commission
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(2) The executive director is responsible for the administrative operations of the commission and shall perform such other duties as may be designated or assigned to the executive director from time to time by the commission. The executive director may designate a person employed…
ORS 244.320 Manual on government ethics; effect of reliance on manual; revision. (1) The Oregon Government Ethics Commission shall prepare and publish a manual on government ethics that explains in terms understandable to legislative and public officials and the public the requirements of this chapter and the commission’s interpretation of those requirements whether stated by rule or in an opinion. The manual shall set forth recommended uniform reporting methods for use by persons filing statements under this chapter. The manual, and any updates to the manual made under subsection (3) of this section, must be approved by a vote of a majority of the members of the commission
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(2) In preparing the manual, the commission shall consider the format of the manual prepared by the Attorney General to guide public officials and the public in the requirements of ORS chapter 192. (3) The commission shall update the manual as often as the commission believes nec…
ORS 244.330 Distribution of manual on government ethics. The Oregon Government Ethics Commission shall distribute, insofar as is practicable, copies of its ethics manual to every public official. The commission shall seek the assistance of professional associations that represent public officials in its efforts to comply with this section. [1993 c.714 §4]
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Note: 244.330 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 244 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 244.340 Continuing education program. The Oregon Government Ethics Commission shall prepare and present a program of continuing education for public officials. The commission may use its own staff or may contract for the preparation or presentation of the program of continuing education. [1993 c.714 §5; 2007 c.865 §37]
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[Repealed or reserved.]
ORS 244.345 Oregon Government Ethics Commission Account. The Oregon Government Ethics Commission Account is established separate and distinct from the General Fund. All moneys received by the Oregon Government Ethics Commission, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the commission to carry out the duties, functions and powers of the commission. [2001 c.716 §11; 2007 c.865 §40a]
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ENFORCEMENT
ORS 244.350 Civil penalties; letter of reprimand or explanation; personal liability for civil penalty. (1) The Oregon Government Ethics Commission may impose civil penalties not to exceed
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(a) Except as provided in paragraphs (b), (c) and (d) of this subsection, $5,000 for violation of any provision of this chapter or any resolution adopted under ORS 244.160. (b) $25,000 for violation of ORS 244.045. (c) $10,000 for willfully violating ORS 244.040. (d) Two times th…
ORS 244.355 Failure to file trading statement. A person who intentionally fails to file a complete and accurate statement under ORS 244.055 commits a Class C felony. [2007 c.865 §31]
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[Repealed or reserved.]
ORS 244.360 Additional civil penalty equal to twice amount of financial benefit. In addition to civil penalties imposed under ORS 244.350, if a public official has financially benefited the public official or any other person by violating any provision of this chapter, the Oregon Government Ethics Commission may impose upon the public official a civil penalty in an amount equal to twice the amount the public official or other person realized as a result of the violation. [1974 c.72 §20; 1987 c.566 §21; 2007 c.865 §19; 2007 c.877 §12a]
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[Repealed or reserved.]
ORS 244.370 Civil penalty procedure; disposition of penalties. (1) Any civil penalty under ORS 244.350 or 244.360 shall be imposed in the manner prescribed by ORS 183.745
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(2) All penalties recovered under ORS 244.350 and 244.360 shall be paid into the State Treasury and credited to the General Fund. [1974 c.72 §21; 1977 c.588 §11; 1989 c.706 §10; 1991 c.734 §13; 2007 c.865 §25; 2013 c.43 §1]
ORS 244.380 [1974 c.72 §23; 1975 c.543 §12; 1977 c.588 §12; 1987 c.566 §22; 1995 c.607 §69; 2007 c.865 §20; repealed by 2009 c.689 §7]
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[Repealed or reserved.]
ORS 244.390 Status of penalties and sanctions; consideration of other penalties imposed. (1) A penalty or sanction imposed by the Oregon Government Ethics Commission under this chapter is in addition to and not in lieu of any other penalty or sanction that may be imposed according to law
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(2) Before making a finding that there is cause to undertake an investigation under ORS 244.260 and before imposing a civil penalty under ORS 244.350 or 244.360, the commission shall consider the public interest and any other penalty or sanction that has been or may be imposed on…
ORS 244.400 Possibility of attorney fees for person prevailing in contested case. (1) A person who prevails following a contested case hearing under this chapter or ORS 171.778 may be awarded reasonable attorney fees at the conclusion of the contested case or on appeal
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(2) Upon prevailing following a contested case hearing, the person may petition the Marion County Circuit Court for the purpose of determining the award of reasonable attorney fees. The Oregon Government Ethics Commission shall be named as a respondent in the petition. The petiti…