HomeMy WebLinkAbout2006-0309 Study Session Packet
Barbara Christenson
City Recorder
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Council Meeting Packet
C I T'y 0 F
ASH.LAND
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CITY COUNCI STUDY SESSION
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AGENDA
Thursday, Marc 9,2006 at 5:15 p.m.
Council Chambers 1175 East Main Street
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1 ;"Eth' d i
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2. Street Condition Assessment and financing.
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, , In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
this meeting, please contact the City A4ministrator's office at (541) 488-6002 (TTY phone number'
,1-800-735-2900).. Notificqtion 7:? hours prior to the, meeting will enable ihe City to make reasonable,
arrangements to ensure aq:essibilityto the meeting (28 CFR35. 102-35. 104 ADA Title I).
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CITY OF
ASHLAND
Council Communication
Street Condition Assessment and Financing
Meeting Date: March 9, 2006 Primary Staff Contact: Joe Strahl~1ttd1
Department: Public Works ~ E-mail: strahlj@ashland.or.us U
Contributing Departments: Secondary Staff Contact: Karl Johnson
Approval: Gino Grimaldi ~ E-mail: johnsonk@ashland.or.us
Estimated Time: 20 minutes
Statement:
A street condition inventory indicates a need to more aggressively address the resurfacing of paved streets. Designation of
a task force by City Council to evaluate funding options is recommended.
Background:
Please see the attached memo from Joe Strahl to Gino Grimaldi for complete background on this item.
In summary, a street condition assessment of all city paved streets was performed last fall. This assessment indicates a
significant unfunded backlog (approximately $5.3 million) of pavement needs to correct deficiencies. In order to maintain a
cost effective street system this backlog needs to be addressed in a timely manner. Unless deficient pavements are
addressed the streets will continue to deteriorate and total reconstruction of many streets will be required. The cost of
reconstruction is 4 to 5 times higher than the cost of timely resurfacing.
The cost of addressing the backlog of street needs is significant. Public Works does not have sufficient resources to
address the need. The involvement of policy makers, staff and citizens in developing and recommending funding options
would help provide the department, the City Administrator and the City Council with funding concepts to address this need.
Related City Policies:
A portion of the Ashland's Community Values Statement reads, "...a sound infrastructure that meets our common needs for
transportation. . . "
Council Options:
Consider the appointment of a task force to work with staff to develop funding options for Council's consideration.
Staff Recommendation:
Authorize the formation of a street task force with the purposes of understanding the street surfacing needs, recommending
street condition standards to assure cost effective management of the street system, and recommending ways to address
unfunded needs in the most cost effective and acceptable manner.
Potential Motions:
Move to authorize the formation of a street task force to work with City staff and elected officials.
Attachments:
Memo from Joe Strahl to Gino Grimaldi and Pavement Management System Cost Summary.
C:\DOCUME-l \shipletd\LOCALS-l \Temp\Council Communications on street funding.doc
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Memo
CITY OF
ASHLAND
Date:
From:
To:
CC:
Re:
October 6, 2005
Joe Strahl~W
Gino Grim~i -
Pieter Smeenk, Karl Johnson
City Street Pavement Condition
Based on information received from both you and Paula Brown at the start of the interim
Public Works Director assignment it seemed prudent to conduct an analysis of
pavement conditions on City streets. The assignment was given to Karl Johnson in
Engineering and the Street Maintenance crew early this summer. The purpose was to
identify the backlog of pavement needs that has developed over the past several years.
The City of Ashland has a Pavement Management System (PMS) that is managed by
personnel in Street Maintenance. This computerized PMS provides a rating and
maintenance strategy for each street based on visual observations by trained
personnel. Periodically, portions of the street network are evaluated and the results are
provided to Engineering as a capital improvement program (CIP) planning tool. The
Public Works Department has been attempting to manage the system in a cost-effective
manner within the limits of available, dedicated street funds. Now that the street
condition analysis is complete it is apparent that existing revenues are insufficient to
maintain the system in a cost-effective manner.
All of the City streets were evaluated over the past several months. Based on the
pavement condition rating, the cost of the recommended maintenance strategies over
the next five years, and the planned improvements listed in the CIP, an unfunded
backlog totaling $6.5 million has been identified, which includes a 10% per year inflation
factor. Coupled with the estimated $3.5 million needed to address deficient railroad
crossings in Ashland, the City has a need for $10 million in additional street revenues
over the next five years.
During the budget presentation made last spring, I estimated the unfunded backlog to
be approximately $1 million per year. With the addition of the need to address deficient
railroad crossings and the very significant recent cost increases associated with
pavement overlays and reconstruction, my initial estimate has doubled to $2 million per
year. The street fund, cons!sting of State gasoline taxes, franchise fees, system
development charges, and the City's transportation utility fee, totals approximately $2.5
million annually. Anticipated State and Federal grant funds have already been
accounted for in the calculation of the backlog. So, the gap between resources and
needs is significant and is getting slightly bigger every year.
ENGINEERING DIVISION Tel: 541/488-5347
20 E. Main Street Fax: 541/488-6006
Ashland OR 97520 TTY: 800/735-2900
www.ashland.oLus
G:\pub-wrks\eng\dept-admin\Joes Memos\StreetBacklog.Gino.m100605.jls.doc
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Pavement maintenance is as necessary to the cost effective management of a street
system as painting and roof maintenance are to the proper management of buildings.
Deferred maintenance on a street system is a fairly common practice but the long term
result of continually deferring maintenance tends to become very expensive. Available
data indicates that streets that are routinely maintained at a high condition level are
much less expensive than streets which are allowed to deteriorate to a poor condition.
Poor condition streets require reconstruction at a cost which is four to five times more
expensive than slurry seals and overlays. It is recommended that Ashland take steps to
address the backlog of maintenance needs now so that street conditions are generally
"fair or better." This will minimize the number of very expensive reconstruction projects
in the future.
It is recognized that the cost of addressing the backlog over the next five years is very
high compared to the funds available. As such, it is recommended that this matter be
discussed with City Council and that Council be requested to appoint a committee of
citizens and staff to help come up with ways to address this funding gap.
ENGINEERING DIVISION Tel: 541/488-5347
20 E. Main Street Fax: 541/488-6006
Ashland OR 97520 TTY: 800/735-2900
www.ashland.or.us
G:\pub-wrks\eng\dept-admin\Joes Memos\StreetBacklog.Gino.m1 00605.jls.doc
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CITY OF
ASHLAND
Council Communication
Item Title:
Ethics Code
Primary Staff Contact: Mike Franell, 488-5350 iii /J.-
E-mail: franellm@ashland.or.us!.7
Secondary Staff Contact:
E-mail:
Estimated Time: 30 minutes
Meeting Date: Study Seission March 9, 2006
Department: Legal ~
Contributing Departments:
Approval: Gino Grimaldi ~
Statement:
A significant amount of concern has recently been expressed concerning public official ethics in Ashland. The concems
have been prompted in two primary areas: 1) There has been concern about public officials using their position for personal
financial gain, such as the <acceptance of tickets to OSF productions; and 2) There has been concern expressed about
public official participation on issues in which the public official has a potential conflict of interest. This memorandum is to
facilitate a discussion as to what, if any, steps Ashland should take to tighten its provisions relative to public official ethics.
Background:
The Oregon legislature has set the minimum requirements in the realm of public official ethics. These provisions can be
found in Oregon Revised Statutes (ORS) Chapter 244. I have attached copies of the sections primarily relevant to this
discussion. The Oregon Government Standards and Practices Commission (GSPC) has published a Guide for Public
Officials which discusses the requirements of the statutes. I have also attached a copy of the most recent version of this
guide. The provisions of ORS 244 set the minimum requirements, but do not preclude a local government from adopting
stricter standards.
I have researched the majority of the cities in Oregon to determine which have adopted different standards and whether or
not those standards were adopted in the Charter or through ordinance or resolution. Communities adopting their own
additional standards include Portland, Salem, Eugene, Gresham, Corvallis and Ashland. Salem is the only community that
has any substantive ethics provisions within its charter and Salem's charter provisions deal only with Salem public official
interests in contracts entered into with the City. The majority of Salem's Ethics provisions are in ordinance form. Ashland's
ethics provisions apply only to employees and not to appointed or elected officials. Attached are copies of the provisions
that I have found.
Staff is seeking direction from the Council as to:
1) Should any changes be made to Ashland's current ethics policies
If so, should those changes:
a. Be added into the proposed revision of the Ashland Charter, or
b. Be put forth in ordinance form.
2) Should the Ashland Ethics policies apply to elected and appointed officials as well as to employees;
3) Should Ashland adopt stricter standards than those set forth in ORS Chapter 244:
a. In relation to decisions in which the public official has a potential conflict of interest;
b. In relation to the receipt of personal benefits not available to the general public and not specifically given in
relation to a decision to be made by the public official?
'.1'
Related City Policies:
AMC Section 3.08.020
Attachments:
Portland Code of Ethics
Salem Charter Ethics Provision
Salem Code of Ethics
Eugene Code of Ethics
Gresham Charter requirement to adopt Code of Ethics
Corvallis Code of Ethics
Ashland Code of Ethics
GSPC Guide for Public Officials
Sections from ORS 244
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Chapter 1.03 Code of Ethics
-Note
(New Section added by Ord. No. 167619, May 4, 1994.)
1.03.010 Definitions.
A. "City official" means any elected official, employee, appointee to a board or
commission, or citizen volunteer authorized to act on behalf of the City of Portland,
Oregon.
B. "Ethics" means positive principles of conduct. Some ethical requirements are
enforced by federal, state, or local law; others rely on training, or on individuals' desire to
do the right thing. The provisions of this Chapter which are not elsewhere enforced by
law shall be considered advisory only.
1.03.020 Trust.
The purpose of City government is to serve the public. City officials treat their office as a
public trust.
A. The City's powers and resources are used for the benefit of the public rather than any
official's personal benefit.
B. City officials promote public respect by avoiding even the appearance of impropriety.
C. Policymakers place long-term benefit to the public as a whole above all other
considerations, including the concerns of important individuals and special interests.
However, the public interest includes protecting the rights of under-represented
minorities.
D. Administrators implement policies in good faith as equitably and economically as
possible, regardless of their personal views.
E. Whistle-blowing is appropriate on unlawful or improper actions.
F. Citizens havt~ a fair and equal opportunity to express their views to City officials.
G. City officials do not give the appearance of impropriety or personal gain by accepting
personal gifts.
H. City officials devote City resources, including paid time, working supplies and capital
assets, to benefit the public.
I. Political campaigns are not conducted on City time or property.
1.03.030 Objectivity.
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City officials' d,ecisions are based on the merits ofthe issues. Judgment is independent
and objective.
A. City officials avoid financial conflict of interest and do not accept benefits from
people requesting to affect decisions.
B. If an individual officials financial or personal interests will be specifically affected by
a decision, the official is to withdraw from participating in the decision.
c. City officials avoid bias or favoritism, and respect cultural differences as part of
decision-making.
D. Intervention on behalf of constituents or friends is limited to assuring fairness of
procedures, clarifying policies or improving service for citizens.
1.03.040 Accountability.
Open government allows citizens to make informed judgments and to hold officials
accountable.
A. City officials: exercise their authority with open meetings and public records.
B. Officials who delegate responsibilities make sure the work is carried out efficiently
and ethically.
c. Campaigns for election allow the voters to make an informed choice on appropriate
criteria.
D. Each City employee and appointee is encouraged to improve City systems by
identifying problems and proposing improvements.
E. City government systems are self-monitoring, with procedures in place to promote
appropriate actions.
1.03.050 Leadership.
A. City officials obey all laws and regulations.
B. City officials: do not exploit loopholes.
C. Leadership facilitates, rather than blocks, open discussion.
D. Officials avoid discreditable personal conduct and are personally honest.
E. All City bun:aus and work teams are encouraged to develop detailed ethical standards,
training, and enforcement.
F. The City Auditor will publish a pamphlet containing explanations and examples of
ethical principles.
Salem Charter
Section 21. Councilor's Interest in Contracts with City. (1) No member of the council
shall participate in any decision or deliberation of the councilor other city committee,
advisory body, officer, or employee respecting any contract in which that council
member has any interest if the expenses of that contract are to be paid out of the city
treasury or the funds of any agency of the city. No member of the council shall engage in
any activity which may reasonably be taken as attempting to influence city or agency
action to further any interest such council member has in the award, administration or
enforcement of any contract if the expenses of that contract are to be paid out of the city
treasury or the funds of any agency of the city.
(2) Any contract with respect to which any mem ber of the council violates section
(1) ofthis section is voidable at the discretion ofthe council; provided, however, that the
contractor shall be compensated for the reasonable value of work performed and
expenses that were necessarily incurred and cannot be avoided, if such work and
expenses were done and incurred before the council member's prohibited activity.
(3) Any council member who violates section (1) of this section shall, upon
conviction before the council after public hearing, be punished by expulsion from the
council upon a majority vote thereof.
12.010.
12.015.
12.020.
12.030.
12.040.
12.050.
12.051.
12.052.
12.060.
12.070.
12.080.
12.090.
12.100.
12.110.
12.120.
12.130.
12.140.
CHAPTER 12
ETHICS
FOR PUBLIC OFFICIALS
Purpose
Defmitions
Responsibilities of Public Officials and Employees
Generally
Repealed.
Fair and Impartial Fulfillment of Duties
Conflicts ofInterest
Disclosure of Confidential Information
Representing Private Interests Before City
Agencies or Courts
Restrictions on Political Activities
Applicability
Effect of Violation
BOARD OF ETHICS
Created
Composition; Appointment of Members; Ex-officio
Terms of Members; Filling Vacancies
Chairman
Powers and Duties
Meetings
Members
12.010. PURPOSE. The proper operation of democratic government requires that
public officials be independent, impartia~ and responsible to the people; the government decisions
and policy be made in the proper channels of the governmental structure; that public office not be
used for personal gain; and that the public have confidence in the integrity of its government. In
recognition of these goals, a code of ethics is hereby established for all public officials, whether
elected or appoint{:d, paid or unpaid. The purpose of this code is to establish ethical standards of
conduct for all such officials by setting forth those acts or actions that are incompatible with the
best interests of thl~ city and by directing disclosure by such officials of private financial or other
interests in matters affecting the city. The provisions and purpose of this code and such rules and
regulations as may be established are hereby declared to be in the best interest ofthe city. (Ord
No. 5633; Ord No. 36-96)
12.015. DEFINITIONS. As used in this Chapter, unless the context requires otherwise:
(I) "Actual conflict of interest" means any action or any decision or recommendation
by a person acting in a capacity as a public official, the effect of which would be to the private
benefit or detriment of the person or the person's relative or any business with which the person is
associated unless the benefit or detriment arises out of circumstances described in ORS
244.020(8)(a) to (c).
(2) "Business" has the meaning defined in ORS 244.020(2).
(3) "Business with which the person is associated" has the meaning defined in ORS
244.020(3).
(4) "Potential conflict of interest" means any action or any decision or
recommendation by a person acting in a capacity as a public official, the effect of which could be
to the private benefit or detriment of the person or the person's relative, or a business with which
the person or the person's relative is associated, unless the benefit or detriment arises out of the
following:
A. An interest or membership in a particular business, industry, occupation or other
class required by law as a prerequisite to the holding by the person of the office or position.
B. Any action in the person's official capacity which would affect to the same degree
a class consisting of all inhabitants of the state, or a smaller class consisting of an industry,
occupation or oth{:r group including one of which or in which the person, or the person's relative
or business with which the person or the person's relative is associated is a member or is engaged.
C. Membership in or membership on the board of directors of a nonprofit corporation
that is tax-exempt under section 501(c) ofthe Internal Revenue Code.
(5) "Public official" means any person who, when an alleged violation of this chapter
occurs, is serving the city as an officer, employee, agent or otherwise, and irrespective of whether
the person is compensated for such services.
(6) "Relative" has the meaning defmed in ORS 244.020(16). (Ord No. 36-96)
12.020. RESPONSIBILITIES OF PUBLIC OFFICIALS GENERALLY.
Public officials are agents of public purpose and hold office for the benefit ofthe public. They are
bound to uphold the Constitution of the United States and the constitution of this state and to
carry out impartially the laws of the nation, state, and municipality and thus to foster respect for
all government. They are bound to observe in their official acts the highest standards of morality
and to discharge filithfully the duties of their office regardless of personal consideration,
recognizing that the public interest must be their primary concern. Their conduct in both their
official and private affairs should be above reproach. (Ord No. 5633; Ord No. 36-96)
12.030.
Repealed. (Ord No. 5633; Ord No. 36-96)
12.040. FAIR AND IMPARTIAL FULFILLMENT OF DUTIES. (a) Interest
in appointments. Contacting members ofthe council, directly or indirectly, in order to obtain
preferential consideration in connection with any employment by the city service shall disqualify
the candidate for employment except with reference to the city manager's position.
(b) Use: of public property. No public official shall request, use or permit the use of
city-owned vehicles, equipment, materials, or property for personal convenience or profit except
when such services are available to the public generally or are provided as municipal policy for the
use of such official in the conduct of official duties.
(c) Preferential treatment to individuals generally. No public official shall grant any
special consideration, treatment, or advantage to any citizen beyond that which is available to
every other citizen. (Ord No. 5633; Ord No. 36-96)
12.050. CONFLICTS OF INTEREST.
When met with an actual or potential conflict of interest, a public official shall act as
provided in ORS 244.120, except that a public official shall not be eligible to vote when met with
any actual conflict of interest. (Ord No. 5633; Ord No. 156-81; Ord No. 29-95; Ord No. 36-96)
12.051. DISCLOSURE OF CONFIDENTIAL INFORMATION. No public
official shall, without proper legal authorization:
(a) Disclose confidential information concerning the property, government or affairs of
the city; or
(b) Us~~ information described in subsection (a) ofthis section to advance the financial
or other private interest of himself or herself or others. (Ord No. 36-96)
12.052. REPRESENTING PRIVATE INTERESTS BEFORE CITY
AGENCIES OR COURTS. No member of the councilor employee whose salary is paid in
whole or in part by the city shall appear in behalf of private interests before any agency of the city.
He or she shall not represent private interests in any action or proceeding against the interests of
the city in any litigation to which the city is a party.
A member of the council may appear before city agencies on behalf of constituents in the
course of his or her duties as a representative of the electorate or in the performance of public or
civic obligations. However, no member ofthe councilor employee whose salary is paid in whole
or in part by the city shall accept a retainer or compensation that is contingent upon a specific
action by a city agl~ncy. (Ord No. 36-96)
12.060. RESTRICTIONS ON POLITICAL ACTIVITIES. (a) No appointed
public official shaUl simultaneously hold an elective public office or position without first obtaining
the approval of th~~ council after recommendation by the city manager. Any denial of such a
request shall be based upon a showing that the city has a compelling governmental interest
warranting such action.
(b) No public official shall promise an appointment to any municipal position,
favorable treatment or the influence of the public official's office or other favor or reward in
return for partisan political activity on the official's behalf, or on behalf of any candidate or cause.
(Ord No. 5633; Ord No. 3-74; Ord No. 159-74; Ord No. 40-81; Ord No. 36-96)
12.070. APPLICABILITY. A public official who has doubt as to the applicability
of a provision of this Code to a particular situation should apply to the Board of Ethics for an
advisory opinion and be guided by that opinion when given. The public official shall have the
opportunity to present an interpretation of the facts at issue and of any applicable provision of the
Code before such advisory decision is made.
This Code shall be operative in all instances covered by its provisions except when
superseded by an applicable statutory or charter provision or when the application of a statutory
or charter provision is discretionary but determined by the Board of Ethics to be more appropriate
or desirable. (Ord No. 5633; Ord No. 36-96)
12.080. EFFECT OF VIOLATION. Violation of any provisions ofthis Code
should raise conscientious questions for the public official concerned as to whether voluntary
resignation or other action is indicated to promote the best interest of the city. Violation may
constitute a cause for removal from office or other disciplinary action. (Ord No. 5633; Ord No.
36-96)
BOARD OF ETHICS
12.090.
Ord No. 36-96)
CREATED. The city Board of Ethics is hereby created. (Ord No. 5634;
12.100. COMPOSITION; APPOINTMENT OF MEMBERS; EX-OFFICIO
MEMBERS. The Board of Ethics shall consist of five members appointed by the mayor from the
public at large and confirmed by the council. Members shall be residents of the city. The city
attorney and the pc~rsonnel director shall serve as ex-officio nonvoting members. The city
attorney shall act as legal counsel and the personnel director as secretary for said board. (Ord No.
5634; Ord No. 95-.72; Ord No. 10-93; Ord No. 36-96)
12.110. TERMS OF MEMBERS; FILLING VACANCIES. The mayor shall
appoint the memb(~rs of the initial board for staggered terms: two members for three years; two
members for two years; and one member for one year. Subsequent appointments shall be made
for a term of three years. No member shall serve more than two consecutive terms. The mayor,
with confirmation from council, shall fill any vacancy on the board caused by resignation, death,
or removal and shall appoint a successor for the unexpired term ofthe member. (Ord No.
271-66; Ord No. 95-72)
12.120. CHAIR. The board shall annually select a chair from among its own
members. (Ord No. 5634; Ord No. 95-72; Ord No. 36-96)
12.130. POWERS AND DUTIES. It shall be the function of the Board of Ethics
to implement the Code of Ethics, adopted by the council for public officials. The duties ofthe
board shall be:
(1) To receive and initiate complaints of violations of the Code of Ethics;
(2) To hear and investigate complaints and transmit the fmdings and
recommendations, if any, to the appropriate authorities or officers;
(3) To render advisory opinions or interpretations with respect to application of the
Code, either on request or on its own initiative; and
(4) To propose revisions ofthe Code to assure its continuing pertinence and
effectiveness. (Ord No. 5634; Ord 36-96)
12.140. MEETINGS. The Board of Ethics will meet at the call of the chair. (Ord
No. 5634; Ord 36-96)
Eugene Code
opinion in writing concerning any matter in which the city is interested
when required by the city manager, the council or any committee of the
council.
(Section 2.470 administratively amended by Ordinance No. 20113, enacted April 6, 1998,
effective May 6, 1998.)
2.480 Public Official Code of Ethics - Definitions. Words and phrases used in
sections 2.482 to 2.488 of this code, shall have the meaning ascribed to
them in ORS 244.020, except that the following words and phrases are
defined as follows:
Business associate. For purposes of section 14(3) of the Eugene Charter
of 2002, "business associate" shall have the same meaning as "business
with which the person is associated" as defined by ORS 244.020(3).
Domestic partner. For purposes of Section 14(3) of the Eugene Charter of
2002, "domestic partner" means the other member of a domestic partnership
registered with the city under section 2.820 of this code, or the partner of an
elected official where the elected official or partner has publicly stated that
they are a couple.
Elected official. The mayor or a city councilor.
Executive manager. The head or director of a city department and the
assistant city manager.
Public official. An elected official, budget committee member, planning
commission member, human rights commission member, police commission
member, city manager, executive manager, or municipal court judge.
(Section 2.480 added by Ordinance No. 20300, enacted October 27, 2003, effective November
26, 2003.)
2.482 Public Official Code of Ethics - Prohibited Actions. A public official is
prohibited from engaging in any act contained in ORS 244.040.
(Section 2.482 added by Ordinance No. 20300, enacted October 27, 2003, effective November
26,2003.)
2.484 Public Official Code of Ethics - Methods of Handina Conflicts of
Interest. The provisions set forth at ORS 244.120, except for ORS
244.120(1 )(a) and 244. 120(2)(b)(B), are hereby incorporated into this code
as the methods public officials shall use when met with an actual or potential
conflict of interest. A public official with an actual conflict of interest shall not
discuss, debate or vote as a public official on the matter in which the public
official has an actual conflict of interest.
(Section 2.484 added by Ordinance No. 20300, enacted October 27, 2003, effective November
26,2003.)
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Eugene Code
2.486 Public Official Code of Ethics - Complaint Process.
(1) Complaints Aaainst Executive Manaaer. When a written complaint is
made against an executive manager alleging a violation of section
2.482 or 2.484 of this code, and the complainant has affirmed the
truthfulness of the allegation(s), the complaint shall be reviewed and
investigated by the city attorney. The city attorney shall make an initial
determination as to the merits of the complaint.
(a) If the city attorney finds that the complaint is without merit, the
city attorney shall notify the city manager in writing of the
allegation and the finding. The city manager shall direct the city
attorney to investigate the matter further or direct the city attorney
to dismiss the matter.
(b) If the city attorney finds that the complaint has merit, the city
attorney shall provide an investigative report to the city manager
who shall handle the situation in the same manner as other city
employee matters.
(2) ~omplaints Aaainst Elected or Appointed Official. City Manaaer. or
~unicipal Court Judae. When a written complaint is made against an
elected official, a committee or commission member appointed by the
council, the city manager or a municipal court judge alleging a violation
of section 2.482 or 2.484 of this code, and the complainant has affirmed
the truthfulness of the allegation(s), the complaint shall be reviewed and
investigated by the city attorney. The city attorney shall make an initial
determination as to the merits of the complaint.
(a) If the city attorney finds that the complaint is without merit, the city
attorney shall notify the city council in writing of the allegation and
the finding. Unless the city council directs the city attorney to
investigate the matter further, the city attorney will dismiss the
matter.
(b) If the city attorney finds that the complaint has merit, the city
attorney shall prepare an investigative report and forward the
report to the Oregon Government Standards and Practices
Commission. A copy of the city attorney's report also shall be
forwarded to the city council.
(Section 2.486 added by Ordinance No. 20300, enacted October 27, 2003, effective November
26,2003.)
2.488 Public Official Code of Ethics -Intentional Violation bv Elected Official.
If the city attorney prepares an investigative report on a complaint against an
elected official alleging an intentional violation of section 2.482 or 2.484 of
this code for the purposes of obtaining or maintaining a personal financial
benefit or to avoid a financial detriment, the city attorney will forward a copy
of the investigative report to the city council. Upon receipt of the city
attorney's investigative report, the city council shall determine whether the
violation was intentional. Such a determination shall require six affirmative
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Eugene Code
votes. The city council may remove an elected official from his or her
position if the council determines that the elected official committed the
violation intentionally and for the purpose of obtaining or maintaining a
personal financial benefit for, or avoiding a financial detriment to, any of the
persons listed in subsection (3) of section 14 of the Eugene Charter of 2002.
(Section 2.488 added by Ordinance No. 20300, enacted October 27, 2003, effective November
26, 2003.)
2.500 Finance Officer and City Recorder - Defined. As used in this code
"finance officer" and "city recorder" shall mean the person(s) appointed by
the city manager to perform the functions and duties of city recorder and city
treasurer.
(Section 2.500 amended by Ordinance No. 20113, enacted April 6, 1998, effective May 6,
1998.)
2.505 Finance Officer - Oath: Bond. Before entering upon the duties of office, the
finance officer shall file in the office of the city manager his or her official oath
and also a bond to the city in a sum as the council may require with two or
more sureties approved by the city manager, or a bond executed by a surety
company duly authorized under the laws of the state, conditioned that the
finance officer will faithfully discharge the duties as finance officer and
account for and pay over to the person or officer entitled thereto, all money
which comes into the hands of the finance officer at the time or times
required by the charter or ordinances of the city, and turn over to the
successor all books, papers or property belonging to the city that may come
into the finance officer's hands by virtue of the office.
(Section 2.505 amended by Ordinance No. 19883, enacted October 26, 1992, effective
November 25, 1992; and administratively amended by Ordinance No. 20113, enacted April 6,
1998, effective May 6, 1998.)
2.510 City Recorder - Attend Council Meetinas. It shall be the duty of the city
recorder, or the recorder's designee, to attend the meetings of the council
and to keep an accurate record of the proceedings in accordance with the
provisions of section 2.007(7) of this Code. The city recorder shall retain and
hold all ordinances passed by the council.
(Section No. 2.510 amended by Ordinance No. 18904, enacted December 16, 1981; Ordinance
No. 20113, enacted April 6, 1998, effective May 6, 1998; and administratively amended by
Ordinance No. 20113, enacted April 6, 1998, effective May 6, 1998.)
2.515 Finance Officer - Records and Reports.
(1) The finance officer shall keep a permanent record, in accordance with
generally accepted accounting principles, of all financial transactions of
the city.
(2) The finance officer shall receive, receipt, and safely keep all money
belonging to the city and select the depositories for city money and
securities. The finance officer shall keep a separate set of accounts for
each fund and make no disbursement from any fund other than the fund
9
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06/24/2005
Eugene Code
from which the disbursement is authorized.
(3) The finance officer may make monthly reports and shall make quarterly
reports of revenues and expenditures for the quarters ending the last
day of September, December, March, and June in each year, within 15
days after expiration of the quarters, respectively, and shall, at the
expiration of each fiscal year, make a full report of the financial
operations and the financial condition of the city.
(Section 2.515 amended by Ordinance No. 18067, enacted October 12, 1977; Ordinance No.
19883, enacted October 26, 1992, effective November 25, 1992; administratively amended by
Ordinance No. 20 " 13, enacted April 6, 1998, effective May 6, 1998; and amended by Ordinance
No. 20333, enacted January 12,2005, effective February 11,2005.)
2.520 City Recorder - Custodian of Corporate Seals and Documents. The city
recorder shall be custodian of the corporate seal of the city and may affix the
same to appropriate documents issued by the recorder. The city recorder
shall also keep and file in the recorder's office, under appropriate heads, all
documents belonging to the city,
(Section 2.520 amended by Ordinance No. 19883, enacted October 26, 1992, effective
November 25, 1992; Ordinance No. 20113, enacted April 6, 1998, effective May 6, 1998; and
administratively amended by Ordinance No. 20113, enacted April 6, 1998, effective May 6,
1998.)
2.525 Finance Officer - Authorization to Issue Checks.
(1) Provided that expenditures do not exceed the adopted appropriation
and are for purposes approved in the adopted budget, the finance
officer may issue checks drawn on city bank accounts, and cause
electronic or other types of payments or transfers to be made in order to
pay city bills and claims, including salaries of all regular officers and
employees of the city. All checks, electronic or other types of payments
or transfers shall be signed or authorized by the city manager or the city
manager's designee,
(2) The provisions of this section, and the provisions of section 2.527 do
not apply to funds deposited in or disbursed from the risk management
fund, which are governed solely by the provisions of section 2.585.
(Section 2.525 amended by Ordinance No. 16270, enacted July 12, 1971, Ordinance No.
17456, enacted September 22, 1975, Ordinance No. 18067, enacted October 12, 1977,
Ordinance No. 18329, enacted February 7, 1979, Ordinance No. 18854, enacted August 17,
1981, Ordinance No. 18954, enacted April 21, 1982; Ordinance No. 19011, enacted August 11,
1982; and Ordinance No. 20333, enacted January 12, 2005, effective February 11, 2005.)
2.527
Finance Officer - Official ReQister of Approved Claims.
(1) Provided that expenditures do not exceed the adopted appropriation
and are for purposes approved in the adopted budget, the finance
officer may issue checks drawn on city bank accounts, and cause
electronic or other types of payments or transfers to be made in order to
pay city bills and claims, including salaries of all regular officers and
employees of the city. All checks, electronic or other types of payments
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06/24/2005
Eugene Code
or transfers shall be signed or authorized by the city manager or the city
manager's designee.
(2) The provisions of this section, and the provisions of section 2.527 do
not apply to funds deposited in or disbursed from the risk management
fund, which are governed solely by the provisions of section 2.585.
(Section 2.527 added by Ordinance No. 16270, enacted July 12, 1971; amended by Ordinance
No. 18067, enacted October 12, 1977, and Ordinance No. 19011, enacted August 11, 1982.)
2.530 Finance Officer - Investments. The finance officer may invest surplus
money of the city in securities specified in ORS 294.035 through 294.046 and with the
local government investment pool under ORS 294.805 through 294.895.
(Section 2.530 added by Ordinance No. 18067, enacted October 12, 1977.)
2.540 Finance Officer - Docket of City Liens.
(1) The finance officer shall maintain a docket of city liens recording all
special assessments, taxes, and other charges that, under this Code or
State law, are liens upon property.
(2) The docket shall specify for each lien
(a) Its date of inception,
(b) Its amount,
(c) The obligation for which the lien has been impressed,
(d) The property subject to the lien, and
(e) The name of the owner of the property or a statement that the
name of the owner is unknown. (Failure so to specify that name,
or specification of a name other than that of the owner, does not
affect the validity of the obligation that is the basis for the lien, or
the validity of the lien itself.)
(3) Payments of lien-related installments, interest, and costs shall be
entered in the docket as the payments are received, together with the
dates of the payments. The finance officer shall, upon request, issue
the payers receipts that specify separately the assessments, interest,
and costs collected. Such a payment made and so receipted and
entered discharges, to the extent, and from the date, of the payment,
the lien to which the payment is related.
(4) The docket is a public writing, and the original or duplicate original of an
entry therein, or a copy of the entry certified by the finance officer to be
true, has the force and effect of a judgment from the time of the entry.
From the time of the entry, a lien so entered has priority over all other
liens and encumbrances upon the property upon which the lien has
been impressed. The lien shall be enforced in the manner prescribed
by this Code.
(Section 2.540 added by Ordinance No. 18179, enacted May 8, 1978.)
2.541 Finance Officer - Sale of Property for Delinauent Liens - Authoritv.
In addition to other methods authorized by state law or this Code for
foreclosing liens entered in the docket of city liens or for otherwise collecting
assessments, taxes, and other charges upon which such liens are based,
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r--- ~ -.--.------...
Section 12.100 Charter Text.
file:11 1 g:/legal/Mike/Ethics/Sample%20Codes/Gresham%20Charter.htm
Chapter 12 CHARTER
Section 12.100 Charter Text.
CHARTER OF THE
CITY OF GRESHAM
OREGON
TABLE OF CONTENTS
CHAPTER I
Names and Boundaries
CHAPTER II
Powers
CHAPTER III
Form of Government
CHAPTER IV
City Council
CHAPTER V
Powers and Duties of Officers
CHAPTER VI
Elections
CHAPTER VII
Vacancies in Office
CHAPTER VIII
Ordinances
CHAPTER IX
Public Improvements
CHAPTER X
Miscellaneous Provisions
CHAPTER XI
Ordinance Power, Initiative, Referendum and Recall
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NOTE: Parenthetical notations at the end of sections indicate the most recent amendments to those
sections. All sections without notations are from the original 1978 charter. Several sections have been
amended more than once. See the "History of Changes" section at the end of the charter.
To provide for the government of the City of Gresham, Multnomah County, Oregon; and to repeal all charter
provisions of the city enacted prior to the time that this charter takes effect.
To provide for the government of the City of Gresham, Multnomah County, Oregon; and to repeal all charter
provisions of the city enacted prior to the time that this charter takes effect.
CHAPTER I
NAMES AND BOUNDARIES
Section 1. TITLE. This revision may be referred to as the Gresham Charter of 1978.
Section 2. NAME OF CITY. The City of Gresham, Multnomah County, Oregon, shall continue to be a
municipal corporation with the name of "City of Gresham."
Section 3. BOUNDARIES. The city shall include all territory encompassed by its boundaries as they now
exist or hereafter are modified by voters, by the council, or by any other agency with legal power to modify them.
The repository of city records shall include at least two copies of this charter, each containing an accurate,
uptodate description of the boundaries. The copies and descriptions shall be available for public inspection at
any time during regular office hours.
CHAPTER II
POWERS
Section 4. WHERE POWERS VESTED. Except as this charter provides otherwise, all powers of the city
shall be vested in the council.
Section 5. POWERS OF THE CITY. The city has all powers which the constitution, statutes, and common
law of the United States lmd of this state expressly and impliedly grant or allow municipalities as fully as though
this charter specifically enumerated each of those powers.
Section 6. CONSTRUCTION OF CHARTER. In this charter no mention of a particular power shall be
construed to be exclusive or to restrict the scope of the powers which the city would have if the particular power
were not mentioned. The charter shall be liberally construed to the end that the city has all powers necessary or
convenient for the conduct of its affairs, including all powers that cities may assume pursuant to state laws and to
the municipal home rule provisions of the state constitution.
CHAPTER III
FORM OF GOVERNMENT
Section 7. CITY COUNCIL. The council shall consist of a mayor and six councilors elected from the city
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at large.
(Amended May 20, 1986; effective June 1, 1986)
Section 8. COUNCILORS. At the 1996 November election, councilors from positions 1,3 and 5 shall be
elected for four year terms and councilors from positions 2, 4 and 6 shall be elected for two year terms. At each
biennial November election commencing in 1998, councilors shall be elected from three positions by a plurality
of the voters for terms of four years.
(Amended November 8, 1994; effective November 9, 1994)
Section 9. MAYOR.. At the November election held in 1986 and every fourth year thereafter, a mayor shall
be elected for a term of four years.
The mayor in office when this charter is amended shall continue in office for the term for which then elected.
At each biennial Novt~mber election, a mayor shall be elected, if necessary, to fill any vacancies pursuant to
Section 32 of this charter.
(Amended May 15, 1984; effective June 1, 1984)
Section 9A. CITIZEN INVOLVEMENT. The power of the City devolves from its citizens. The City
wishes to promote the role of citizens in government. This is not intended to limit the power of the Mayor and
Council. To this end, the Mayor shall make an annual report on citizen involvement.
(Added November 4, 1998; effective January 3, 1999)
Section 10. COMPENSATION.
(a) The compensation for the services of each city appointive officer and employee shall be the amount fixed
by council.
(b) The total number of city employee positions measured as fulltime equivalents shall not exceed the ratio of
6.5 employees for each 1,000 of the city population. This ratio may be amended by a majority of the electors
casting votes for or against a measure.
(Amended November 8, 1994; effective July 1, 1995)
Section 11. QUALIFICATION FOR COUNCIL.
(a) No person may be eligible to serve on the council unless at the time of their election he or she is a
qualified voter under the: meaning of the Constitution of Oregon and has resided in the city at least one year
immediately preceding the election. For the purpose of this section, city shall mean any area included in the
corporate limits as of the date of the election.
(b) No person who is: an employee of the City may be eligible to serve on the council.
(c) No elected officer of the state, or another city, county or special district, including school districts, may
be eligible to serve on the council during his or her term of office.
(d) No person shall hold more than one elective city office at one time.
(Amended November 4, 1998; effective January 3,2001)
CHAPTER IV
CITY COUNCIL
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Section 12. MEETINGS.
(a) REGULAR. The council shall hold a regular meeting at least twice each month in the city at a time and
at a place which it designates. It shall adopt rules for the government of its members and proceedings.
(b) SPECIAL. The mayor, upon his or her own motion, may, or at the request of three councilors shall, by
giving at least 24 hour notice thereof, call a special meeting of the council. Emergency meetings of the council
may be held at any time by the common consent of a majority of the members of the council.
(Amended November 8, 1983; effective January 1, 1984)
Section 13. QUORUM. A majority of members of the council shall constitute a quorum for its business, but
a smaller number may meet and compel the attendance of absent members as provided by ordinance.
Section 14. RECORD OF PROCEEDINGS. The council shall cause a record of its proceedings to be kept.
Section 15. PROCEEDINGS TO BE PUBLIC. Except as state law provides otherwise, the deliberations
and proceedings of the council and other deliberative bodies of the city shall be public.
Section 16. MAYOR'S FUNCTIONS AT CITY COUNCIL MEETINGS. The mayor shall be
chairperson of the council and preside over its deliberations. The mayor shall have a vote on all questions before
the council. The mayor shall have authority to preserve order, enforce the rules of the council, and determine the
order of business under the rules of the council.
Section 17. PRESIDENT OF THE CITY COUNCIL. At its first meeting each year, the council shall elect
a president from its membership. In the mayor's absence from a council meeting, the president shall preside.
Whenever the mayor is unable to perform the functions of his or her office, the president shall act as mayor.
Section 18. VOTE REQUIRED. Except as this charter otherwise provides, the concurrence of a majority of
the members of the council present at a council meeting shall be necessary to decide any question before the
council.
Section 18A. CODE OF ETHICS. The council shall adopt and be governed by a Code of Ethics.
(Added November 4, 1998; effective January 3, 1999)
CHAPTER V
POWERS AND DUTIES OF OFFICERS
Section 19. MAYOR. The mayor shall with the consent of the council, appoint the committees and
commissions provided by the rules of the council and ordinances of the city. The mayor shall sign all records of
proceedings approved by the council. The mayor has no veto power and shall sign all ordinances passed by the
council within three days after their passage. After the council approves a bond of a city officer or a bond for a
license, contract, or proposal, the mayor shall endorse the bond.
Section 20. CITY MANAGER.
(a) OFFICE. The manager shall be the administrative head ofthe government of the city. He or she shall be
chosen by the council without regard to political considerations or residency, and solely with reference to his or
her executive and administrative qualifications. Before taking office, he or she shall give a bond in such amount
and with surety as may b(~ approved by the council. The premiums on the bond shall be paid by the city.
(b) TERM. The manager shall be appointed for an indefinite term and may be removed at the pleasure of the
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council. Upon any vacancy occurring in the office of the manager, the council shall appoint another manager as
expeditiously as possible.
(e) POWERS AND DUTIES. The powers and duties of the manager shall be as follows:
(1) Devote entire time to the discharge of official duties, attend all meetings of the council unless excused
therefrom by the council or mayor, keep the council advised at all times of the affairs and needs of the city, and
make reports annually, or more frequently if requested by the council, of all the affairs and departments of the
city and citizen involvement.
(2) See that all ordinances are enforced and that the provisions of all franchises, leases, contracts, permits
and privileges granted by the city are observed.
(3) Appoint and may remove appointive city officers and employees and have general supervision and
control over them and their work.
(4) Supervise the departments to the end of obtaining the utmost effectiveness.
(5) Prepare the annual budget.
(6) Make all purchases.
(7) Act as business agent for the council for the sale of real estate and other matters relating to franchises,
leases and other business and property transactions.
(8) Prepare and furnish all reports requested by the council.
(9) Perform such other duties as the council directs.
(10) Direct, organize and, as he or she deems necessary, disband or reorganize the various city
departments. The manager shall have no control over the council or the judicial activities of the municipal judge.
(Amended November 4, 1998; effective January 3, 1999)
(d) SEATS AT CITY COUNCIL MEETINGS. The manager and such other officers as the council
designates shall be entitled to sit with the council but shall not vote on questions before it. The manager may take
part in all council discussions.
(e) MANAGER PRO TEM. Whenever the manager is temporarily disabled from acting as manager, or
whenever his or her office becomes vacant, the council shall appoint a manager pro tern who shall possess the
power and duties of the manager. A manager pro tern shall not serve for a term in excess of six months and shall
not be reappointed as the manager pro tern.
(t) INTERFERENCE IN ADMINISTRATION.
(1) No member of the council shall directly or indirectly, by suggestion or otherwise, attempt to influence
or coerce the manager in the making of any appointment or the removal of any officer or employee, or in the
purchase of supplies, or attempt to exact any promise relative to any appointment from any candidate for
manager.
(2) A violation of the foregoing provisions of the section forfeits the office of the offending member of the
council or mayor after a public hearing by the council is held and a determination of guilt is established.
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(3) Nothing in this section prohibits, however, the council, in open session, from fully and freely
discussing with or suggesting to the manager anything pertaining to city affairs or the interests of the city.
(g) INELIGIBLE PERSONS. Neither the manager's spouse nor any person related to the manager or his or
her spouse by consanguinity or affinity within the third degree may hold any appointive office or employment
with the city.
(Amended November 8, 1983; effective January 1, 1984)
Section 21. JUDGES, POWERS, PROCEDURE.
(a) The council may appoint one or more municipal judges, for terms and at salaries as it specifies. A
municipal judge shall hold court in the city at such a place as the council directs. The court shall be known as the
Municipal Court.
(b) The court may impose sanctions on any person who violates a city ordinance within the court's
jurisdiction, issue process for the arrest of any person accused of any such violation, commit such a person to
imprisonment or admit the person to bail pending trial, issue subpoenas to compel witnesses to appear and testify
on the trial of any cause before the court, enforce obedience to the subpoenas, and issue process necessary to
carry into effect the judgment of the court.
(c) All proceedings in the municipal court shall be governed by the general laws of the state governing
justices of the peace and justice's courts, except as city ordinance prescribes to the contrary. A municipal judge
has the jurisdiction and authority of a justice of the peace in and for Multnomah County, in both civil and
criminal matters, and when exercising that jurisdiction and authority is subject to the general laws of the state
prescribing the duties of a justice of the peace and the mode of performing them. The city may have the duties of
a municipal judge performed by the regular and pro tempore judges of a state court.
Section 21A. CITY ATTORNEY. The city shall have a city attorney and such assistant city attorneys and
other staff members as the council deems necessary. The city attorney and the city attorney's staff shall be
appointed and removed by a majority vote of the entire council.
(Added May 15, 1984; effective June 1, 1984)
Section 21B. CITY AUDITOR. The city shall have a city auditor and such assistant city auditors and other
staff members as the council deems necessary. The city auditor and the city auditor's staff be appointed and
removed by a majority of the entire council.
(Added November 2,2004; effective January 1, 2005)
Section 22. RECORDER. The manager shall appoint a recorder of council meetings. The recorder shall
keep a journal of the council proceedings, including any vote taken.
CHAPTER VI
ELECTIONS
Section 23. REGULAR ELECTIONS. The manager, pursuant to directions from the council, shall give
. notice of each regular city election in such manner as may be provided by ordinance and state law.
(Amended November 8, 1983; effective January 1, 1984)
Section 24. SPECIAL ELECTIONS. The council shall provide for holding any special election as may be
provided by ordinance and state law. The manager shall give notice of each special election in the manner
provided by ordinance and state law.
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(Amended November 8, 1983; effective January 1, 1984)
Section 25. REGULATION OF ELECTIONS. Except as this charter or city ordinance provides otherwise,
the general laws of the state shall apply to the conduct of all city elections, recounts of the returns therefrom, and
contests thereof.
Section 26. ELECTION RESULTS. The state laws governing the filing of election results by the county
clerk shall apply. The results of all elections shall be entered in the record of the proceedings of the council. The
entry shall state the total number of votes cast for each person and for and against each measure, the name and
office of each person elected, and each measure enacted or approved. The manager shall make and sign a
certificate of election of each person elected and deliver the certificate to him or her within one day after the
results are entered in the council record. A certificate so made and delivered shall be prima facie evidence of the
truth of the statements contained in it.
(Amended November 8, 1983; effective January 1, 1984)
Section 27. TIE VOTES. In the event of a tie vote when there are only two candidates for an elective office,
the successful candidate shall be determined by a public drawing of lots in a manner prescribed by the council.
Section 28. COMMENCEMENT OF TERMS OF OFFICE. The term of office of each elective officer
chosen at a regular city election shall commence at the first regular meeting in January immediately following the
election.
Section 29. OATH OF OFFICE. Before entering upon the duties of their office, each officer shall take an
oath or shall affirm that they will support the constitution and laws of the United States and of Oregon and the
charter and ordinances of the City of Gresham and that they will faithfully perform the duties of their office.
Section 30. NOMINATIONS FOR ELECTIVE OFFICES. The council shall provide by ordinance the
mode for nominating elective officers.
CHAPTER VII
VACANCIES IN OFFICE
Section 31. OFFICE VACANCIES.
(a) An elective office of the city shall be deemed vacant before the expiration of the term upon the
incumbent's:
(1) Death,
(2) Adjudication, as a person mentally incapable of performing the duties of the office, by a competent
tribunal,
(3) Judicial conviction of a felony or judicial conviction or state-level administrative determination of
corruption, malfeasance or delinquency in office, or unlawful destruction of public records,
(4) Resignation from the office
(5) Recall from the office,
(6) Ceasing to reside within the Gresham City limits, or
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(7) Taking the oath of office of another elective governmental office.
(b) Failure of a person elected or appointed to an office to qualify for the office within ten days after the time
for his or her term of office to commence shall result in the office being deemed vacant.
(c) An elective office becomes vacant whenever its incumbent is absent from the city for a period of 45 days
except that the council may grant the incumbent a leave of absence of not more than 90 days.
(d) An elective office shall be declared vacant whenever its incumbent fails to attend three consecutive
meetings of the council, unless absent upon leave of the council is first obtained.
(Amended November 4, 1998; effective January 3, 1999)
Section 32. FILLING OF VACANCIES.
(a) Vacant elective offices in the city shall be filled by appointment by a majority vote of the council within
thirty days of the date the vacancy occurred. The appointee's term shall begin immediately upon his or her
appointment until the beginning of the year following the next biennial November election or until his or her
successor is elected and qualifies therefor. An elected successor for the unexpired term shall be chosen at the
next available election date. In order to be an available election date:
(1) The date the vacancy occurred must be:
(i) more than thirty days before the filing deadline for that election date; and
(ii) at least one year before the election date established by Charter for that incumbent's position but for the
vacancy; and
(2) There must be at least one other issue or candidate on the ballot for that date.
(b) During the temporary disability of any officer or during his or her absence temporarily for any cause,
when an officer is not able to attend meetings by an alternative form such as telephone, his or her office may be
filled pro tern, for the tenn of the disability of absence, by a maj ority vote of the council.
(Amended November 4, 1998; effective January 3, 1999)
CHAPTER VIII
ORDINANCES
Section 33. ENACTING CLAUSE. The enacting clause of all ordinances hereafter enacted shall be "THE
CITY OF GRESHAM DOES ORDAIN AS FOLLOWS:"
Section 34. MODE OF ENACTMENT.
(a) Except as paragraph (b) of this section provides to the contrary, every ordinance of the council shall,
before fmal passage, have a first and second reading on two different days.
(b) An ordinance may be enacted at a single meeting of the council by majority vote of all council members
present only if:
(1) a copy is provided for each council member and copies provided for the public in the office of the
manager not later than one week before the reading of the title of the ordinance; and
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(2) notice of availability of the ordinance is posted at the city hall; and
(3) the title of the ordinance is published in a newspaper of general circulation in the city; and
(4) a copy is available for public use in the council chambers at the meeting of the council.
(c) Any section of an ordinance changing substantially the legal effect of the ordinance as previously
circulated shall be read in full in open council meeting prior to being adopted by the council.
(d) . Upon the final vote of an ordinance, the ayes and nays of the members shall be taken and entered in the
record of the proceedings..
( e) Upon the enactment of an ordinance, the manager shall sign it with the date of its passage and his or her
name and title of office, and immediately thereafter the mayor shall sign it with the date of his or her signature
and the title of the office. All ordinances enacted by the council shall take effect thirty days after their passage
unless a later date is fixed therein, in which event they shall take effect at such later date, subject to referendum if
legislative. Provided, however, an ordinance, (1) making appropriations and the annual tax levy, (2) relative to
local improvements and assessments thereof, or (3) emergency ordinances, shall take effect immediately upon
their passage, or any special date less than thirty days after passage, specifically fixed in such ordinance.
(Amended November 8, 1983; effective January 1, 1984)
Section 35. EMERGENCY. The council may in an emergency provide a different effective date for an
ordinance or that it take effect immediately upon its fmal passage. The emergency shall be clearly stated within
the ordinance itself and the reason for the emergency.
CHAPTER IX
PUBLIC IMPROVEMENTS
Section 36. CONDEMNATION. Any necessity of taking property for the city by condemnation shall be
determined by the council and declared by a resolution of the council describing the property and stating the uses
to which it shall be devoted.
Section 36A. URBAN RENEWAL
(a) As used in this Section:
(1) "Urban renewal plan" and "plan" have the meaning given those terms in ORS Chapter 457 as it now
exists or may hereafter be amended, or a similar plan adopted under any other provision of law.
(2) "Substantial change" means any change proposed to be made to an existing urban renewal plan which
deals with any matter other than (A) correction of typographical errors, (B) clarification of language or
procedures or (C) minor modifications in details which will not change the basic planning, engineering or
financing principles of the plan.
(b)(l) The council shall refer to the electors any ordinance adopted after November 1, 1986, approving an
urban renewal plan or a substantial change in such a plan.
(2) A nonsubstantial change in an existing plan shall be approved by the council by an ordinance which
shall be subject to a referendum ordered by the people.
(Added November 4, 1986; effective immediately)
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Section 36B. MAJOR ROADS AND HIGHWAYS.
(a) No freeways or expressways may be constructed within the city limits without prior approval of the
location and the general design of the project by a majority of the electors of the city voting in a regular Mayor
November election.
(Amended November 2,2004; effective January 1,2005)
(b) Approval by the electors of the location of the project and the general design of the project may be sought
in separate elections.
(Amended November 2,2004; effective January 1, 2005)
Section 37. IMPROVEMENTS. The procedure for making, altering, vacating, or abandoning a public
improvement shall be governed by general ordinance or, to the extent not so governed, by the applicable laws of
the state. Street, sewer, sidewalk, water, storm drainage and such other public improvements as the council
deems necessary may be undertaken on the motion of a majority of the councilor on petition of a majority of the
owners of the property to benefit specially from the improvement. A remonstrance of a majority of the owners of
the property to benefit specially by such improvement shall defeat such a motion or petition, in which event no
further action to effect the improvement shall be taken for six months.
(Amended May 15, 1984; effective June 1, 1984)
Section 38. SPECIAL ASSESSMENTS. The procedure for levying, collecting, and enforcing the payment
of special assessments for public improvements or other services to be charged against real property shall be
governed by general ordinance.
Section 39. CONTRACTS. Contracts shall be governed by ordinance and resolution, and by applicable
state law.
(Amended November 8, 1983; effective January 1, 1984)
CHAPTER X
MISCELLANEOUS PROVISIONS
Section 40. DEBT LIMIT.
(a) Indebtedness of the city may not exceed the limits on city indebtedness under state laws.
(b) Approval by the voters of city indebtedness need not be in the form of a charter amendment.
Section 41. EXISTING ORDINANCES CONTINUED. All ordinances of the city consistent with this
charter and in force when it takes effect shall remain in effect until amended or repealed.
Section 42. REPEAL OF PREVIOUSLY ENACTED PROVISIONS. All charter provisions of the city
enacted prior to the time that this charter takes effect are hereby repealed.
Section 42B. BUDGET COMMITTEE. The Budget Committee shall consist of the mayor and council
members and the seven Finance Committee members appointed by the mayor with the approval ofthe council.
(Added November 4, 1998; effective January 3, 1999; Amended November 2,2004; effective January 1,2005)
CHAPTER XI
ORDINANCE POWER, INITIATIVE, REFERENDUM AND RECALL
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Section 43. ORDINANCE POWER. The ordinance power of the city, except for the initiative and
referendum powers reserved to the people, is vested in the council.
Section 44. INITIATIVE. The people reserve to themselves the initiative power, which is to propose
ordinances and amendments to the charter and enact or reject them at an election as provided by ordinance, the
Oregon Constitution and state law.
(Amended May 15, 1984; effective June 1, 1984)
Section 45. REFERENDUM. The people reserve to themselves the referendum power, which is to approve
or reject ordinances and amendments to the charter at an election as provided by ordinance, the Oregon
Constitution and state law.
(Amended May 15, 1984; effective June 1, 1984)
Section 45A. CHARTER AMENDMENTS. Any measure which proposes to amend, repeal or replace this
Charter shall take effect only if it is approved by at least 60 percent of the electors casting votes for or against
such measure.
(Added November 4, 1986; effective November 5, 1986)
Section 45B. CHARTER REVIEW. The council shall appoint a committee to review the charter every
eight years, beginning with appointment of a charter review committee in the year 2003.
(Added November 8, 1994; effective November 9, 1994)
Section 46. RECALL. The citizens of the City of Gresham shall have the power and authority to recall an
elected officer of the city. The manner and effect shall be that prescribed by state law except for the number of
signatures necessary to order a recall. A petition signed by 10 percent of the number of persons registered to vote
in the city at the last general election is necessary to order the recall of the mayor. A petition signed by 10
percent of the persons registered to vote in the district from which the councilor was elected at the last general
election is necessary to order the recall of a councilor. The petition shall set forth the reason for the recall. If the
official affected by the petition for recall offers his or her resignation to the council, it shall be accepted and take
effect on the day it is ordered and be effective for the remainder of the term.
(Amended November 4, 1980; effective December 15, 1980)
Section 47. CONFlJCT OF INTEREST. No councilor may be pecuniarily interested in any contract, the
expenses of which are to be paid by the city. No councilor or member of the planning commission shall
participate in the discussion or vote on any subject in which he or she is pecuniarily interested.
(Amended November 8, 1983; effective January 1, 1984)
Section 48. PRESUMPTION OF VALIDITY OF CITY ACTION. In any proceeding in any court which
concerns the exercise or enforcement by the city, its officers, employees or agencies, of any power granted by this
charter, there shall be a presumption that such exercise or enforcement is valid, and, no error or omission in any
such act shall invalidate it unless the person attacking it alleges and proves that he or she has been misled by the
error or omission to his or her damage; and the court shall disregard every error or omission which does not affect
a substantial right of the person. Any action by this charter committed to the discretion of the council, when
taken, shall be final and shall not be reviewed or called into question elsewhere.
Section 49. TIME OF EFFECT OF CHARTER. This charter shall take effect on the 1st day of June, 1978.
CITY OF GRESHAM - CHARTER
HISTORY OF CHANGES
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The following sections show the amendments made by Gresham Voters to some Charter sections since the
Charter was adopted on May 2, 1978. The current language of these sections is in the body of the Charter, and is
not repeated here.
See 7. CITY COUNCIL. The council shall consist of a mayor and six councilors. (May 2, 1978)
CITY COUNCIL. The council shall consist of a mayor and six councilors. Councilors shall be elected from
six districts. The city council shall divide the city into six districts and establish the boundaries thereof by June
30 of each even numbered year. District boundaries shall accord citizens equal protection of the laws and
recognize neighborhood groupings, compactness of area, and regularity of boundaries insofar as can reasonably
be attained. (November 4, 1980)
See 8. COUNCILORS. On the second Tuesday of September, following the adoption of this charter, three
councilors shall be elected by position, by a majority of the voters, for a term of four years. At each biennial May
election thereafter, three councilors shall be elected by position, by a majority of the voters, for a term of four
years.
If no candidate for a position receives a majority of the votes cast, the councilor for that position shall be
elected at the ensuing biennial November election from the two candidates with the highest number of votes in
the preceding election.
Councilors in office when this charter is adopted shall continue in office for the term for which then elected.
At each biennial May election, the number of councilors to be elected to fill vacancies pursuant to Section
32 of this charter shall be elected. (May 2, 1978)
COUNCILORS. At each biennial November election commencing in 1982, councilors shall be elected from
three districts. A councilor shall be elected by a plurality of the voters for a term of four years. Except as
provided below, each councilor shall reside in the district for which elected or appointed.
A councilor who does not change residence may be a candidate for reelection for the district from which
elected even ifboundary changes place the councilor's residence in another district.
Councilors in office on February 1, 1981, shall continue in office until the expiration of their terms and may
be candidates for reelection from any district at the general election immediately preceding the end of their terms.
(November 4, 1980)
COUNCILORS. At each biennial November election commencing in 1986, councilors shall be elected from
six districts. A councilor shall be elected by a plurality of the voters for a term of two years. Except as provided
below, each councilor shall reside in the district for which elected or appointed.
A councilor who does not change residence may be a candidate for reelection for the district from which
elected even if boundary changes place the councilor's residence in another district.
Councilors in office on May 15, 1984, shall continue in office until the expiration of their terms. At the
November 1984 election, councilors shall be elected from three districts for a term of two years. (May 15, 1984)
COUNCILORS. At each biennial November election commencing in 1986, councilors shall be elected from
six positions by a plurality of the voters for terms of two years.
Councilors who are candidates for reelection shall file their nomination petitions at least 10 days prior to the
filing deadline established by state law. (May 20, 1986)
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COUNCILORS. At each biennial November election commencing in 1986, councilors shall be elected from
six positions by a plurality of the voters for terms of two years. (November 4, 1986)
See 9. MAYOR. On the second Tuesday of September following the adoption of this charter, a mayor shall be
elected by the majority of the voters for a term of four years. Each fourth year thereafter, the mayor shall be
elected at the biennial May election.
If no candidate for mayor receives a majority of the votes cast, the mayor shall be elected at the next ensuing
biennial November election from the two candidates with the highest number of votes in the previous election.
The mayor in office when this charter is adopted shall continue in office for the term for which then elected.
At each biennial May election, a mayor shall be elected, if necessary, to fill any vacancies pursuant to
Section 32 of this charter. (May 2, 1978)
See 10. SALARIES. The compensation for the services of each city officer and employee shall be the amount
fixed by the council. (May 2, 1978)
SALARIES. The compensation for the services of each city appointive officer and employee shall be the
amount fixed by council. (May 15, 1984)
See 11. QUALIFICATION OF OFFICERS. No person may be eligible to fill an elective office unless at the time
of their election he or she is a qualified voter under the meaning of the Constitution of Oregon and has resided in
the city at least one year immediately preceding the election. For the purpose of this section, city shall mean any
area included in the corporate limits as of the date of the election. (May 2, 1978)
QUALIFICATION FOR COUNCIL. No person may be eligible to serve on the council unless at the time of
their election he or she is a qualified voter under the meaning of the Constitution of Oregon and has resided in the
city at least one year immediately preceding the election. For the purpose of this section, city shall mean any area
included in the corporate limits as of the date of the election. (November 8, 1983)
QUALIFICATION FOR COUNCIL.
(a) No person may be eligible to serve on the council unless at the time of their election he or she is a qualified
voter under the meaning of the Constitution of Oregon and has resided in the city at least one year immediately
preceding the election. For the purpose of this section, city shall mean any area included in the corporate limits
as of the date of the election.
(b) No person who is an employee of the City may be eligible to serve on the council.
(c) No elected officer ofthe state, or another city, county or special district, including school districts, may be
eligible to serve on the council during his or her term of office. (November 8, 1994)
QUALIFICATION FOR COUNCIL.
(a) No person may be eligible to serve on the council unless at the time of their election he or she is a qualified
voter under the meaning of the Constitution of Oregon and has resided in the city at least one year immediately
preceding the election. For the purpose of this section, city shall mean any area included in the corporate limits
as of the date of the election.
(b) No person who is an employee of the city may be eligible to serve on the council.
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( c) No elected officer of the state, or another city, county or special district, including school districts, may be
eligible to serve on the council during his or her term of office. (January 7, 1997)
See 12. MEETINGS.
(a) REGULAR. The council shall hold a regular meeting at least twice each month in the city at a time
and at a place which it designates. It shall adopt rules for the government of its members and proceedings.
(b) SPECIAL. The mayor, upon his or her own motion, mayor at the request of three councilors shall, by
giving notice thereof to all councilors then in the city, call a special meeting of the council for a time not earlier
than three nor later than fortyeight hours after the notice is given. Special meetings of the council may also be
held at any time by the common consent of a majority of the members of the council. (May 2, 1978)
See 20. CITY MANAGER
(a) Office. The manager shall be the administrative head of the government of the city. He or she shall be
chosen by the council without regard to political considerations or residency, and solely with reference to his or
her executive and administration qualifications. Before taking office, he or she shall give a bond in such amount
and with such surety as may be approved by the council. The premiums on the bond shall be paid by the city.
(b) Term. The manager shall be appointed for an indefinite term and may be removed at the pleasure of
the council. Upon any vacancy occurring in the office of manager, the council shall appoint another manager as
expeditiously as possible.
(c) Powers and Duties. The powers and duties of the manager shall be as follows:
(1) Devote entire time to the discharge of official duties, attend all meetings of the council unless
excused therefrom by the council or the mayor, keep the council advised at all times of the affairs and needs of
the city, and make reports annually, or more frequently if requested by the council, of all the affairs and
departments of the city.
(2) See that all ordinances are enforced and that the provisions of all franchises, leases, contracts,
permits and privileges granted by the city are observed.
(3) Appoint and may remove appointive city officers and employees and have general supervision and
control over them and their work.
(4) Supervise the departments to the end of obtaining the utmost effectiveness.
(5) Prepare the annual budget.
(6) Make all purchases.
(7) Act as business agent for the council for the sale of real estate and other matters relating to
franchises, leases and other business and property transactions.
(8) Prepare and furnish all reports requested by the council.
(9) Perform such other duties as the council directs.
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(10) Direct, organize and, as he or she deems necessary, disband or reorganize the various city
departments. The manager shall have no control over the councilor the judicial activities of the municipal judge.
(d) Seats at City Council Meetings. The manager and such other officers as the council designates shall be
entitled to sit with the council but shall have no vote on questions before it. The manager may take part in all
council discussions.
(e) Manager Pro Tern. Whenever the manager is temporarily disabled from acting as manager, or
whenever his or her office becomes vacant, the council shall appoint a manager pro tern who shall possess the
powers and duties of the manager. A manager pro tern shall not serve for a term in excess of six months and shall
not be reappointed as the manager pro tern.
(f) Interference in Administration and Elections.
(1) No member of the council shall directly or indirectly, by suggestion, or otherwise, attempt to
influence or coerce the manager in the making of any appointment or the removal of any officer or employee or in
the purchase of supplies, or attempt to exact any promise relative to any appointment from any candidate for
manager.
(2) A violation of the foregoing provisions of this section forfeits the office of the offending member of
the councilor mayor after a public hearing by the council is held and a determination of guilt is established.
(3) Nothing in this section prohibits, however, the council, in open session, from fully and freely
discussing with or suggesting to the manager anything pertaining to city affairs or the interests of the city.
(4) Neither the manager nor any person in the employ of the city shall take part in securing or
contributing any money toward the nomination or election of any candidate for a municipal office.
(g) Ineligible persons. Neither the manager's spouse or any person related to the manager or his or her
spouse by consanguinity or affinity within the third degree may hold any appointive office or employment with
the city. (May 2, 1978)
CITY MANAGER.
(a) OFFICE. The manager shall be the administrative head of the government of the city. He or she shall be
chosen by the council without regard to political considerations or residency, and solely with reference to his or
her executive and
administrative qualifications. Before taking office, he or she shall give a bond in such amount and with surety as
may be approved by the council. The premiums on the bond shall be paid by the city.
(b) TERM. The manager shall be appointed for an indefinite term and may be removed at the pleasure of the
council. Upon any vacancy occurring in the office of the manager, the council shall appoint another manager as
expeditiously as possible.
(c) POWERS AND DlJTIES. The powers and duties of the manager shall be as follows:
(1) Devote entire time to the discharge of official duties, attend all meetings of the council unless excused
therefrom by the council or mayor, keep the council advised at all times of the affairs and needs of the city, and
make reports annually, or more frequently if requested by the council, of all the affairs and departments of the
city.
(2) See that all ordinances are enforced and that the provisions of all franchises, leases, contracts, permits and
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privileges granted by the city are observed.
(3) Appoint and may remove appointive city officers and employees and have general supervision and
control over them and their work.
(4) Supervise the departments to the end of obtaining the utmost effectiveness.
(5) Prepare the annual budget.
(6) Make all purchases.
(7) Act as business agent for the council for the sale of real estate and other matters relating to franchises,
leases and other business and property transactions.
(8) Prepare and furnish all reports requested by council.
(9) Perform such other duties as the council directs.
(10) Direct, organize and, as he or she deems necessary, disband or reorganize the various city departments.
The manager shall have no control over the councilor the judicial activities of the municipal judge.
(d) SEATS AT CITY COUNCIL MEETINGS. The manager and such other officers as the council designates
shall be entitled to sit with the council but shall have not vote on questions before it. The manager may take part
in all council discussions.
(e) MANAGER PRO TEM. Whenever the manager is temporarily disabled from acting as manager, or
whenever his or her office becomes vacant, the council shall appoint a manager pro tern who shall possess the
power and duties of the manager. A manager pro tern shall not serve for a term in excess of six months and shall
not be reappointed as the manager pro tern.
(f) INTERFERENCE IN ADMINISTRATION.
(1) No member of the council shall directly or indirectly, by suggestion or otherwise, attempt to influence or
coerce the manager in the making of any appointment or the removal of any officer or employee, or in the
purchase of supplies, or attempt to exact any promise relative to any appointment from any candidate for
manager.
(2) A violation of the foregoing provisions of the section forfeits the office of the offending member of the
council or mayor after a public hearing by the council is held and a determination of guilt is established.
(3) Nothing in this section prohibits, however, the council, in open session, from fully and freely discussing
with or suggesting to the manager anything pertaining to city affairs or the interests of the city.
(g) INELIGffiLE PERSONS. Neither the manager's spouse nor any person related to the manager or his or her
spouse by consanguinity or affinity within the third degree may hold any appointive office or employment with
the city. (November 8, 1983)
See 23. REGULAR ELECTIONS. The manager, pursuant to directions from the council, shall give at least ten
days' notice of each regular city election by posting notice thereof at a conspicuous place in the city hall and in
such other manner as may be provided by ordinance. The notice shall state the officers to be elected at the
election, the ballot title of each measure to be voted upon at the election and the time and place of the election.
(May 2, 1978)
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See 24. SPECIAL ELECTIONS. The council shall provide the time, manner, and means for holding any special
election. The manager shall give at least ten days' notice of each special election in the manner provided by the
action of the council ordering the election. (May 2, 1978)
See 26. CANVASS OF RETURNS. In all elections held in conjunction with state and county elections, the state
laws governing the filing of returns by the county clerk shall apply. In each special city election the returns
therefrom shall l:te filed with the manager on or before noon of the day following. Not later than five days after
the election, the council shall meet and canvass the returns. The results of all elections shall be entered in the
record of the proceedings of the council. The entry shall state the total number of votes cast at the election, the
votes cast for each person and for and against each proposition, the name of each person elected to office, the
office to which they have been elected, and a reference to each measure enacted or approved. Immediately after
the canvass is completed, the manager shall make and sign a certificate of election of each person elected and
deliver the certificate to him or her within one day after the canvass. A certificate so made and delivered shall be
prima facie evidence of the truth of the statements contained in it. (May 2, 1978)
See 31. OFFICE VACANCIES. An elective office becomes vacant upon its incumbent's death, removal of their
residence from the city, resignation, or ceasing to be a qualified elector of the city. An elective office becomes
vacant whenever its incumbent is absent from the city for a period of fortyfive days, except that the council may
grant the incumbent a leave of absence of not more than ninety days. An elective office may be declared vacant
whenever its incumbent fails to attend three consecutive regular meetings of the council, unless absent upon leave
of the council first obtained, or whenever the incumbent removes his or her residence from the city. (May 2,
1978)
OFFICE V ACANCIES. An elective office becomes vacant upon its incumbent's death, removal of residence
from the district from which elected or the city, resignation, or ceasing to be a qualified elector of the city. An
elective office becomes vacant whenever its incumbent is absent from the city for a period of 45 days except that
the council may grant the incumbent a leave of absence of not more than 90 days. An elective office may be
declared vacant whenever its incumbent fails to attend three consecutive regular meetings of the council, unless
absent upon leave of the council is first obtained, or whenever the incumbent moves his or her residence from the
district from which they were elected or the city. (November 4, 1980)
OFFICE V ACANCIES. An elective office becomes vacant upon its incumbent's death, removal of residence
from the district from which elected or the city, resignation, recall from office, failure of the person elected to the
office to qualify therefor at the time the term of office is to begin, or ceasing to be a qualified elector of the city.
An elective office may be declared vacant whenever its incumbent fails to attend three consecutive regular
meetings of the council, unless absent upon leave of the council is first obtained. (May 15, 1984)
OFFICE VACANCIES. An elective office becomes vacant upon its incumbent's death, removal of residence
from the city, resignation, or ceasing to be a qualified elector of the city. An elective office becomes vacant
whenever its incumbent is absent from the city for a period of 45 days except that the council may grant the
incumbent a leave of absence of not more than 90 days. An elective office may be declared vacant whenever its
incumbent fails to attend three consecutive regular meetings of the council, unless absent upon leave of the
council is first obtained, or whenever the incumbent moves his or her residence from the city. (May 20, 1986)
OFFICE VACANCIES. An elective office becomes vacant upon its incumbent's death, removal of residence
from the city, resignation, or ceasing to be a qualified elector of the city. An elective office becomes vacant
whenever its incumbent is absent from the city for a period of 45 days except that the council may grant the
incumbent a leave of absence of not more that 90 days. An elective office shall be declared vacant whenever its
incumbent fails to attend three consecutive meetings of the council, unless absent upon leave of the council is
first obtained, or whenever the incumbent moves his or her residence from the city. (November 8, 1994)
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See 32. FILLING OF VACANCIES. Vacant elective offices in the city shall be filled by appointment by a
majority vote of the council. The appointee's term shall begin immediately upon his or her appointment and shall
continue until the beginning of the year following the next biennial May election and until his or her successor is
elected and qualified therefor. The successor, for the unexpired term shall be chosen at the next biennial May
election after said appointment, or at the next biennial November election if no candidate receives a majority of
the votes. During the temporary disability of any officer or during his or her absence temporarily from
the city for any cause, his or her office may be filled pro tern in the manner provided for filling vacancies in
office permanently. (May 2, 1978)
FILLING OF VACANCIES. Vacant elective offices in the city shall be filled by appointment by a majority
vote of the council. The appointee's term shall begin immediately upon his or her appointment until the
beginning of the year following the next biennial November election or until his or her successor is elected and
qualifies therefor. An elected successor for the unexpired term shall be chosen at the next biennial November
election. During the temporary disability of any officer or during his or her absence temporarily for any cause,
his or her office may be filled pro tern by a majority vote of the council.
(May 15, 1984)
See 34. MODE OF ENACTMENT:
(a) Except as paragraph (b) of this section provides to the contrary, every ordinance of the council shall,
before fmal passage, be read fully and distinctly in open council meeting.
(b) An ordinance may be enacted at a single meeting of the council by majority vote of all council
members present, upon first being read by title only if:
(1) a copy is provided for each council member and copies provided for the public in the office of the
manager not later than one week before the reading of the title of the ordinance; and
(2) notice of availability of the ordinance is posted at the city hall; and
(3) the title of the ordinance is published in a newspaper of general circulation in the city; and
(4) a copy is available for public use in the council chambers at the meeting of the council.
(c) Any section of an ordinance changing substantially the legal effect of the ordinance as previously
circulated shall be read in full in open council meeting prior to being adopted by the council.
(d) Upon the final vote of an ordinance, the ayes and nays of the members shall be taken and entered in the
record of the proceedings.
(e) Upon the enactment of an ordinance, the manager shall sign it with the date of its passage and his or
her name and title of office, and immediately thereafter the mayor shall sign it with the date of his or her
signature and the title of the office. All ordinances enacted by the council shall take effect thirty days after their
passage unless a later date is fixed therein, in which event they shall take effect at such later date, subject to
referendum if legislative. Provided, however, an ordinance, (1) making appropriations and the annual tax levy,
(2) relative to local improvements and assessments thereof, or (3) emergency ordinances, shall take effect
immediately upon their passage, or any special date less than thirty days after passage, specifically fixed in such
ordinance. (May 2, 1978)
Section 36B. MAJOR ROADS AND HIGHWAYS.
(a) No limited access road or highway of four lanes or more shall be constructed within city limits, nor
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shall the City of Gresham promote or even acquiesce in any such construction, without prior approval of the
location of the road and the general design of the project by a majority of the electors of the city voting in a
regular Mayor November election.
(b) Approval by the electors of the location of the road and approval of the general design of the proj eet
may be sought in separate elections.
(c) This measure applies to all aforementioned road or highway projects which have not secured one
hundred percent of the funding necessary to complete the project or have not had final environmental impact
statements approved by the time the signatures on this petition have been submitted to the City Elections Official
for validation. (May 22, 1996)
See 37. IMPROVEMENTS. The procedure for making, altering, vacating, or abandoning a public improvement
shall be governed by general ordinance or, to the extent not so governed, by the applicable laws of the state.
Street, sewer, sidewalk, water, storm drainage and such other public improvements as the council deems
necessary may be undertaken on the motion of a maj ority of the council or on petition of the owners of twothirds
of the property to benefit specially from the improvements. A remonstrance of the owners of twothirds of the
frontage of the property to be specially affected by such improvement shall defeat such a motion or petition, in
which event no further action to effect the improvement shall be taken for six months. (May 2, 1978)
See 39. BIDS. A contract in excess of $2,500.00 shall be let to the lowest responsible bidder for the contract and
shall be done in accordance with plans and specifications approved by the council. (May 2, 1978)
See 44. INITIATIVE. The people reserve to themselves the initiative power, which is to propose ordinances and
amendments to the charter and enact or rej ect them at an election independent of the council.
(a) An initiative ordinance or amendment to the charter may be proposed by a petition signed by three
percent of the number of persons registered to vote at the last general election.
(b) An initiative petition shall include the full text of the proposed law or amendment to the charter. A
proposed law or amendment to the charter shall embrace one subject only and matters properly connected
therewith.
(c) An initiative petition shall be filed not less than 120 days before the election at which the proposed law
or amendment to the charter shall be voted upon. (May 2, 1978)
See 45. REFERENDUM. The people reserve to themselves the referendum power, which is to approve or reject
at an election, any ordinance or part thereof, as provided by general law . (May 2, 1978)
See 46. RECALL. The citizens of the city of Gresham shall have the power and authority to recall an elective
officer of the city in the manner and with the effect prescribed by state law excepting a recall may be ordered by a
petition signed by three percent of the number of persons registered to vote at the last general election. The
petition shall set forth the reasons for the recall. If the official affected by the petition for recall offers his or her
resignation to the council, it shall be accepted and take effect on the day it is ordered and be effective for the
remainder of the term. (May 2, 1978)
See 47. CONFLICTS OF INTEREST. No councilor may be pecuniarily interested in any contract, the expenses
of which are to be paid by the city, or vote upon any subject in which he or she is pecuniarily interested. No
elected official of the city or member of the planning commission shall vote on any city business or conduct
themselves officially in such a manner as to place, or to appear to place, their personal or fmancial welfare above
the unbiased performance of the duties of their office. (May 2, 1978)
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CITY OF CORVALLIS
ADMINISTRATIVE POLICY MANUAL
POLICY AREA 3 - PERSONNEL MATTERS
AP 92-3.08 Code of Ethics
Adopted
Revised
Revised
Revised
3.08.010
3.08.020
July 1992
September 1997
September 2000
December 2003
Purpose
To establish and communicate the City's code of ethics for all employees. This
policy is set forth to ensure compliance with the State's Public Ethics Law and to
promote the City's philosophy concerning ethics. Codes of ethics are designed to
prevent conflicts of interest, protect confidential information, encourage honesty and
loyalty, ensure compliance with the law, and engender public trust.
Definitions
a.
Code of ethics: guidelines for employee and volunteer activities and
relationships both inside and outside the organization.
b.
Ethical guidelines: a structure for communicating the City's values and
expectations of employees and volunteers and for complying with State
requirements.
c.
Public Official: defined according to ORS 244.020 (12) as "any person who
is serving the State of Oregon or any of its political subdivisions or any other
public body of the State as an officer, employee, agent or otherwise, and
irrespective of whether the person is compensated for such services." It
should be noted that persons who volunteer, are members of boards and
commissions, or perform work as independent contractors for the City are
required to comply with applicable laws.
d.
Household member: any relative, dependent, or domestic partner, who
resides with the public official.
Page 1 of 6
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Administrative Policy 92-3.08
3.08.030
3.08.031
3.08.032
e.
Administrative interest: an economic interest, distinct from that of the
general public, in matters subject to the action of a person acting in the
capacity of a public official.
f.
Gift, rebate: something of economic value given without valuable
consideration of equivalent value, includes frequent flyer miles or any type
of bonus points for use of a personal credit card or any like offer.
Policy
It is the policy of the City to conduct its affairs with the highest standards of
integrity. The best interests of the City must be the only consideration, and
the outside interests of individual employees cannot be considered in relation
to City operations or affairs.
All City employees, agents, and volunteers must adhere to the State's Code
of Ethics law, ORS 244.040, which affects public officials. This law has six
(6) stipulations:
a.
A public official shall not use his/her official position to gain financially (other
than salary, honoraria, or reimbursement of expenses) or to avoid financial
detriment, for either him/herself or any other household member.
b.
Public officials, candidates for office, or any household members of such
shall not accept gifts in excess of $100 during a calendar year, from any
person or organization who may have an administrative interest in any
governmental agency the recipient may be associated with in an authoritative
relationship.
c.
A public official shall not solicit or receive, and no person shall offer to give
any public official any pledge or promise of future employment, based on any
arrangement that the public official's action would influence.
d.
A public official shall not use his/her position, or information obtained
because of such position, for personal gain.
e.
No person shall offer any gift(s) totaling more than $100 during a calendar
year, to any public official, candidate, or household member of official or
candidate if that person has a legislative or administrative interest in any
government agency in which the public official or candidate if elected, would
exercise any authority.
Page 2 of 6
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Administrative Policy 92-3.08
3.08.033
3.08.034
f.
A public official shall not represent a client for a fee before the governing
body of a public body of which the person is a member.
All City officers, employees, volunteers, agents, or otherwise are obligated
to adhere to the above requirements. Reported violations are investigated
by the Oregon Government Standards and Practice Commission.
The City requires all employees and volunteers to adhere to the following
additional City requirements and expectations:
a.
Each employee has a duty to the City to be free from the influence of
personal considerations when conducting City business with others.
b.
Nominal Value - City Municipal Code Chapter 1.04 directs that the
purchasing agent, officers, and employees of the City are expressly
prohibited from accepting, directly or indirectly, from any person, company,
firm, or corporation to which any purchase order or contract is or might be
awarded, any rebate, gift, money, or anything of value whatsoever, except
where given for the use and benefit of the City.
c.
An employee shall not receive personal benefit or discounts for the purchase
of goods or services from vendor relationships the City has established
through the City purchasing process.
d.
An employee may not use or accumulate frequent flyer miles, credit card
bonus points, and other travel discounts earned as a result of City-related
travel if the City pays the cost of the travel. An employee who has no
alternative but to use their own resources to pay for City-related travel, with
such resources being reimbursed by the City at a later date, are exempt from
this provision as long as there is no alternative to using their own resources
to pay the initial cost of such travel.
e.
An employee placing ethical principals above private gain, shall act with the
utmost integrity and is expected to avoid any actions that would create even
the appearance of a violation of the law or ethical standards.
f.
An employee shall not accept a position with a customer, supplier, or
contractor without informing his/her supervisor of the offer and discussing the
situation to determine if the employee has a conflict of interest.
g
While outside employment is not encouraged, it is recognized that some
employees may wish to work on other jobs. Such employment must not
constitute a conflict of interest or other conflict with the employee's primary
Page 3 of 6
Administrative Policy 92-3.08
career with the City. An employee should notify his/her supervisor of any
outside employment prior to commencing such employment and must abide
by any other outside complaint requirements specified in an applicable labor
contract or City Administrative Policy.
h. Employees must avoid any associations or other relationships that would or
could conflict with the employee's responsibility to make objective decisions
in the City's best interest.
i. Each employee is expected to protect City information and avoid undue
outside influence on his/her work-related decisions or activities.
j. No employee should benefit personally from any purchase of goods or
services by the City, nor derive personal gain from actions taken as a
representative of the City.
k. Employees shall review with their supervisor any activities that might result
in a conflict of interest.
I. Public employees are prohibited by State law from engaging in political
activities while on the job, including but not limited to solicitation of anything
of value; promoting or opposing the nomination or election of a candidate;
initiative, referendum, or ballot measures and recall signature gathering.
m. Employees shall maintain a high standard of conduct and disqualify
themselves from exerting influence in any transaction where they find their
own interests may conflict with the best interests of the City or where the
employee may gain any financial benefit.
n Employees shall report promptly to their supervisors any remuneration they
receive from an individual or concern with which the City does business.
o Employee loyalty shall remain at all times with the City.
p. These provisions apply whether or not there is any cost to the City for any
gift, rebate, or benefit to the employee.
q. An employee having knowledge or concerns regarding alleged ethics
violations by another employee or volunteer should notify their supervisor,
manager, department director, or the Personnel Division. Employees who
provide such notification are protected from retaliation by co-workers, the
City, or any representative thereof.
Page 4 of 6
Administrative Policy 92-3.08
3.08.035
3.08.040
Violations of the Code of Ethics are subject to the disciplinary process.
Discipline shall only be for just cause and will normally be progressive in
nature, beginning with oral reprimand and proceeding to written reprimand,
suspension, or demotion, and finally to discharge. Some alternative forms
of discipline may occasionally be used as more appropriate to a
circumstance than those listed above. If a violation is of a serious enough
nature, an employee may be suspended and/or discharged without prior
disciplinary warnings.
Procedures
3.08.041
3.08.042
If any employee is faced with a situation in which there is an actual or
potential conflict of interest involving an appointment to an office, he/she
should follow these procedures:
a.
The employee must notify in writing the person who appointed them to the
office of the nature of the potential or actual conflict. If an employee other
than a department head is involved, the notice should be sent to the direct
supervisor and the department head. If the department head has a potential
or actual conflict, he/she shall advise the City Manager. In the case of the
City Manager or City Attorney, the City Council shall be notified if a potential
conflict of interest exists.
b.
The notice should request the appointing authority to dispose of the matter
giving rise to the potential conflict. The supervisor should either designate
another employee to dispose of the matter or inform the inquiring employee
in writing how the matter giving rise to the conflict should be handled.
c.
Once the notification has been completed, the official is free to act if so
designated by the supervisor in writing.
If any employee or volunteer is faced with a situation in which there is an
actual or potential conflict involving City requirements and expectations
(Section 3.08.034), he/she should follow these procedures:
a.
The employee must immediately notify in writing their direct supervisor and
the department head of the situation in which there is an actual or potential
conflict of interest.
b.
The supervisor should inform the employee or volunteer in writing how the
matter giving rise to the conflict should be handled.
Page 5 of 6
Administrative Policy 92-3.08
3.08.050
Review and Update
The Personnel Division will triennially review these guidelines to ensure compliance
with State requirements and to reflect the City's expectations concerning City ethics.
Review and concur:
Jon S. Nelson, City Manager
Date
Page 6 of 6
SECTION 3.08.020 Code of Ethics.
A. Declaration of Policy. The proper operation of democratic government f
independent, impartial and responsible to the people; that governmental d
in the proper channels of the governmental structure; that public office 1
and that the public have confidence in the integrity of its government.
there is hereby established a Code of Ethics for all employees, whether pah
;r>>ar
The purpose of this Code is to establish ethical standards of conduct for all employees ..._
those acts or actions that are incompatible with the best interests of the City of Ashland. It l~ _
purpose of this Code to assist employees in determining the proper course of action when faced Wh_
uncertainty regarding the propriety of a contemplated action, thereby preventing them from
unwittingly entangling public and private interests.
Through adoption of this Code the City hereby expresses its intent to maintain high ethical standards
in the City service, and to increase public confidence in the integrity of City employees.
B. Responsibilities of Public Office. Employees are agents of public purpose and are employed for the
benefit of the public. They are bound to uphold the Constitution of the United States and the
Constitution of this State and to carry out impartially the laws of the nation, state and the City, and
thus to foster respect for all government. They are bound to observe in their official acts the highest
standards of morality and to discharge faithfully the duties of their office regardless of personal
considerations, recognizing that the public interest must be their primary concern.
C. Dedicated Service. All employees ofthe City should be loyal to the political objectives expressed by
the electorate and the programs developed to attain those objectives. Appointive employees should
adhere to the rules of work and performance established as the standard for their positions by the
appropriate authority.
Employees should not exceed their authority or breach the law or ask others to do so, and they
should work in full cooperation with other employees unless prohibited from so doing by law or by
officially recognized confidentiality of their work.
D. Fair and Equal Treatment.
1. Interest in Appointments. Canvassing of members of the Councilor Mayor, directly or indirectly,
in order to obtain preferential consideration in connection with any appointment to the City
service shall disqualify the candidate for appointment except with reference to positions filled by
appointment by the Mayor or Council.
2. Use of Public Property. No employee shall request or permit the use of city-owned vehicles,
equipment, materials or property for personal convenience or profit, except when such services
are available to the public generally or are provided as municipal policy for the use of such
employee in the conduct of official business.
3. Obligations to Citizens. No employee shall grant any special consideration, treatment or
advantage to any citizen beyond that which is available to every other citizen.
E. Conflict of Interest. No employee, whether paid or unpaid, shall engage in any business or
transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible
with the proper discharge of that employee's official duties in the public interest or would tend to
impair independence of judgment or action in the performance of that employee's official duties.
Personal, as distinguished from financial, interest includes an interest arising from blood or marriage
relationships or close business or political association.
Page I of3
Specific conflicts of interest are enumerated below for the guidance of employees.
1. Incompatible Employment. No employee shall engage in or accept private employment or render
services for private interests when such employment or service is incompatible with the proper
discharge of that employee's official duties or would tend to impair independence of judgment or
action in the performance of that employee's official duties.
2. Disclosure of Confidential Information. No employee shall, without proper legal authorization,
disclose confidential information concerning the property, government or affairs of the City. Nor
shall any employee use such information to advance their financial or private interest, or the
financial or private interest of others.
3. Gifts and Favors. No employee shall accept any valuable gift, whether in the form of service,
loan, thing or promise, from any person, firm or corporation which to their knowledge is
interested directly or indirectly in any manner whatsoever in business dealings with the City; nor
shall any such employee (1) accept any gift, favor or thing of value that may tend to influence the
employee in the discharge of their duties, or (2) grant, in the discharge of their duties, any
improper favor, service or thing of value.
4. Representing Private Interests Before City Agencies or Courts. No employee whose salary is
paid in whole or in part by the City shall appear in behalf of private interests before any agency of
the City. An employee shall not represent private interests in any action or proceeding against the
interests of the City in any litigation to which the City is a party, unless the employee is
representing himself/herself as a private citizen on purely personal business.
No employee shall accept a retainer or compensation that is contingent upon a specific action by a
City agency.
5. Contracts with the City. Any employee who has a substantial or controlling financial interest in
any business entity, transaction or contract with the City, or in the sale of real estate, materials,
supplies or services to the City, shall make known to the proper authority such interest in any
matter on which that employee may be called to act in an official capacity. The employee shall
refrain from participating in the transaction or the making of such contract or sale.
An employee shall not be deemed interested in any contract or purchase or sale of land or other
thing of value unless such contract or sale is approved, awarded, entered into, or authorized by
the employee in an official capacity.
6. Disclosure of Interest in Legislation. Any employee who has a fmancial or other private interest,
and who participates in discussion with or gives an official opinion to the Council, shall disclose
on the records of the Council or other appropriate authority the nature and extent of such interest.
F. Political Activity. No employee in the administrative service shall use the prestige of their position in
behalf of any political party. No employee in the administrative service shall orally, by letter or
otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or
contribution to any political party; nor shall an employee be a party to such solicitation by others; nor
shall an employee take an active part in political campaigns for candidates while in the performance
of duties in an official capacity.
No employee shall promise an appointment to any municipal position as a reward for any political
activity.
G. Applicability of Code. When an employee has doubt as to the applicability of a provision of this code
to a particular situation, they should apply to the City Administrator, who is charged with the
Page 2 of3
implementation of this code for an advisory opinion, and be guided by that opinion when given. The
employee shall have the opportunity to present their interpretation of the facts at issue and of the
applicable provision(s) of the code before such advisory decision is made. All such requests for
advice shall be treated as confidential. This code shall be operative in all instances covered by its
provisions except when superseded by an applicable statute, ordinance or resolution, and each statute,
ordinance or resolution action is mandatory, or when the application of a statute, ordinance or
resolution provision is discretionary but determined to be more appropriate or desirable.
H. Sanctions. Violation of any provisions of this code should raise conscientious questions for the
employee concerned as to whether voluntary resignation or other action is indicated to promote the
best interest ofthe City. Violation shall constitute cause for disciplinary action.
Page 3 of3
OREGON GOVERNMENT
STANDARDS AND
PRACTICES
LAWS
A GUIDE FOR PUBLIC OFFICALS
Oregon Government
Standards and Practices Commission
100 High St. SE
Suite 220
Salem, OR 97301-3607
Telephone: 503-378-5105
FAX: 503-373-1456
Web address: www.gspc.state.or.us
Rev. 2003
TABLE OF CONTENTS
Page
I. THE OREGON GOVERNMENT 2
STANDARDS AND PRACTICES LAW
II. PUBLIC OFFICIALS 6
III. ACTUAL AND POTENTIAL CONFLICT 7
OF INTEREST
IV. USE OF OFFICIAL POSITION OR OFFICE 15
TO OBTAIN FINANCIAL GAIN
V. GIFTS 19
VI. HONORARIA 22
VII. STATEMENTS OF ECONOMIC INTEREST 23
VIII. POST -EMPLOYMENT "REVOLVING 26
DOOR" REGULATIONS
IX. GOVERNMENT STANDARDS AND 28
PRACTICES COMMISSSION PROCESS
APPENDIX 33
I. THE OREGON GOVERNMENT
STANDARDS AND PRACTICES LAW
History and Purpose
During the Watergate scandal of the early seventies, some elected officials
engaged in deceit and misuse of power. Citizens across the nation began calling
for accountability from their governments. In response, Oregon was one of the
first states to create laws designed to open government to greater public scrutiny.
In 1974, more than 70 percent of the voters approved a statewide ballot
measure to" create the Oregon Government Ethics Commission. The ballot
measure also established a set of laws (ORS Chapter 244) requiring financial
disclosure by certain officials and creating a process to deal with the inevitable
question of conflict of interest. The drafters of the original laws recognized that
"conflicts of interest" are indeed, inevitable in any government that relies on
citizen lawmakers.
In 1993, the Legislature changed the name of the commission and one of the
chapters of law it enforces to "Government Standards and Practices." This
manual will refer to the commission as the GSPC (Government Standards and
Practices Commission), and to the laws as GS&P (Government Standards and
Practices ).
In Oregon, thousands of people are elected to office in hundreds of
jurisdictions -- from cities of 100,000 to tiny water districts. Citizens serve on the
boards of small school districts as well as in the Oregon Legislature where
decision-making affects the en~ire state.
The vast majority of these elected officials serve for little or no financial
compensation. Their principal income derives not from the official position they
hold, but from other employment in government or private business.
Because these public servants are active members of their community, it is not
unusual for the elected body on which they serve to make decisions that will
affect a business in which they or one of their relatives has an interest. For
example, a school district may enter into a contract with a business that is owned
by or employs a school board member. A utility district may consider purchasing
property owned by a board member's relative. A proposed ordinance may affect
the value of a city council member's real estate.
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The smaller the district, the more likely it is that such an overlap of interest will
occur. For example, in a community of 5,000 people, the city council members
may be the owners of the local bank, the hardware store and the service station,
making it difficult for the city government to avoid dealing with businesses owned
by council members.
Appointed officials and employees of state and local governments may
encounter similar situations. Many public employees have responsibility over
purchasing supplies and hiring services. In some instances, these employees
may face the need to make a decision involving a business owned by a relative,
or by someone with whom they have a business interest outside of their
government job.
Oregon Government Standards and Practices laws are not designed to
prevent such situations from occurring. Instead, the laws require public
disclosure of such circumstances.
Public officials are required to not vote and to not take other official actions
that would result in financial gain or detriment to that individual or a relative, or to
a business with which the official or relative is associated. Public employees and
other appointed public officials not serving on boards or commissions are
required to give written notification to their supervisors of conflicts of interest
and request that the supervisor take the matter out of that employee's hands.
In the same spirit of disclosure, statements of economic interest must be filed
regularly, not to prevent elected officials and government employees from
maintaining an active role in business and other income-raising activities, but to
make such information available to the public.
There are potential conflicts of interest and actual conflicts of interest.
A potential conflict of interest arises when a public official takes official action
that could financially impact the public official, the official's relatives, or a
business with which the public official or a relative is associated.
An actual conflict of interest arises when a public official takes official action
that would financially impact the official, a relative or an associated business.
The distinction is important because in the first case, the official is required to
disclose the potential conflict of interest, but may take action on the issue. In the
3
second case, the official must both disclose the actual conflict of interest and
refrain from taking official action.
This booklet contains guidelines for determining when a circumstance
presents a "potential," versus an "actual" conflict of interest. The distinction
between the two may be difficult for a public official to determine. Accordingly,
officials may want to consult with the GSPC in advance of taking action.
Government Standards and Practices laws clearly prohibit some activities and
regulate others. For example, the "revolving door" section prohibits certain
officials from becoming an employee of, or a lobbyist for, private entities over
which the former public official exercised authority for a specified period of time.
Government Standards and Practices Laws:
What Thev Don't Do
Oregon Revised Statutes (ORS) Chapter 244 applies to a very narrow set of
activities. It deals only with the issues of financial disclosure, prohibition against
the use of office for personal financial gain and public disclosure of conflicts of
interest.
Other Oregon statutes regulate the behavior of elected officials and public
employees in a number of areas outside the jurisdiction of the Government
Standards and Practices Commission. For example:
. The Elections Division of the Secretary of State's Office regulates
campaign finance and campaign activities.
.' Alleged criminal activity of any type would fall under the jurisdiction of
law enforcement.
. The Oregon Bureau of Labor and Industries investigates cases involving
employment-related sexual harassment or discrimination on the basis of
race, religion or gender.
There are many issues that may be considered improper that are not covered
by ORS Chapter 244. For example, while deliberate deception and lying are not
considered proper conduct, Oregon statutes do not generally regulate the speech
of public officials.
Oregon's Government Standards and Practices statutes cannot be used
4
against an elected official for making promises or claims that are not acted upon,
or making statements about his or her beliefs that are not true.
In addition, Government Standards and Practices laws do not cover the
personal behavior of elected officials or public employees except in very specific
areas. ORS Chapter 244 only regulates their actions with regard to their official
duties within the narrow framework of conflicts of interest and personal financial
gain.
The Government Standards and Practices Commission
The GSPC has seven volunteer members. The Governor, upon
recommendation of the Democratic and Republican leaders of the Oregon House
and Senate, appoints four members. The Governor selects three additional
members directly. The Senate must confirm all members. No more than four of
the members may be from the same political party. The law allows members to
serve only one four-year term.
The commission selects an executive director to administer the agency. The
commission also employs investigators and other support personnel who are
appointed by the executive director.
The manner in which the GSPC reviews alleged violations of law is prescribed
in detail in ORS 244.260. While it is subject to statutory requirements, the GSPC
process is not intended to be rigid or intimidating.
GSPC employees are available for questions and discussions about statutes,
administrative rules and the commission's process. Public officials are
encouraged to contact GSPC staff at any time.
The GSPC members and staff consider that they are doing their job most
successfully if they can help public officials avoid conduct that violates the GS&P
statutes. They encourage people to inquire into any point of the statutes prior to
taking any action that may violate ORS 244.
The GSPC Guide for Public Officials
.
This guide includes some of the most commonly asked questions that public
officials have about Government Standards and Practices laws. Also included
are examples of actual and hypothetical cases considered by the GSPC that can
provide guidance to officials facing similar circumstances.
5
i"-
This manual is an advisory opinion as described in ORS 244.280(3). If a
public official takes action accurately based on the information contained in this
manual, the individual may not be prosecuted by the GSPC for violating
government standards and practices law by that action.
However, not all situations can be anticipated, nor can all questions be
answered with a simple yes or no. Public officials may still find it necessary to
use the formal or informal inquiry processes available through the GSPC, and
staff are usually available to answer questions or prepare advisory opinions.
After consulting this guide and GSPC staff, if you still are not comfortable
about the status of an activity under the GS&P statutes, caution is always the
best approach. To protect yourself from a potential violation of the law, it is
always best to refrain from doubtful activities.
II. PUBLIC OFFICIALS
Who is considered a public official under Oreaon Government Standards
and Practices laws?
ORS 244.020(15) defines a public official as "any person who, when an
alleged violation of this chapter occurs, is serving the State of Oregon or any of
its political subdivisions or any other public body of the state as an officer,
employee, agent or otherwise, and irrespective of whether the person is
compensated for such services."
A public official as used in the statute covers a broad spectrum of positions--
from volunteer members of a soil and water conservation board to the full-time
chancellor of higher education, to the Governor, to a clerk in a branch office of a
state agency. It also includes persons who serve the state or a political
subdivision by performing government services under a contract.
It is important to note that a person who was a public official at the time of an
alleged violation will be subject to the authority of the GSPC, for a period of four
years after the alleged violation, regardless of whether or not the person is still a
public official at the time a complaint is filed.
6
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Are all public officials subiect to the same reaulations?
All public officials are prohibited from using public office for personal financial
gain. However, other statutes address different jobs with different obligations.
For example, not all public officials are required to file statements of economic
interest (see ORS 244.050 in the appendix to this manual for a complete list of
those required to file). Elected public officials are subject to different
requirements for disclosing conflicts of interest than are other public officials.
Who are considered relatives and household members of public officials
for the purposes of the GS&P statutes?
A "relative" includes the public official's spouse and the parents, children,
brothers and sisters of either the public official or the official's spouse. A
"member of a household" is any relative, as defined above, who resides with the
public official.
III. ACTUAL AND POTENTIAL CONFLICTS OF INTEREST
1. What is a conflict of interest?
The Oregon Government Standards and Practices laws define "potential
conflict of interest" and "actual conflict of interest".
As the term implies, a potential conflict of interest occurs when a public
official takes official action that could affect the financial interests of the public
official, or the official's relatives or businesses with which they are associated.
An actual conflict of interest occurs when a public official takes official action
that definitely would have such an effect.
Before taking an official action, a public official should first:
a) Determine if an action could result in financial benefit or avoidance of
financial detriment to the official, a relative or a business with which the
official or a relative is associated. If the answer is "no," proceed with the
action.
7
b) Determine if taking action actually would result in financial gain or
. avoidance of financial detriment to the official, a relative or a business with
which the official or a relative is associated. If you are unable to determine
which of the above applies, contact the staff of the GSPC for assistance
before you take official action. If it is not possible to contact the GSPC
before taking official action, avoid the risk of violating the law by declaring
the conflict and then by not discussing, voting or participating in any way
concerning the matter in question.
2. Why is the distinction between "actual" and "potential" conflicts of
interest important?
For certain officials, the law prescribes different actions depending on whether
a conflict of interest is "potential" or "actual."
3. What is a potential conflict of interest?
A potential conflict of interest exists when an official takes action that
reasonably could be expected to have a financial impact on that official, a relative
or a business with which the official or official's relative is associated.
This would be the case when an official is asked to take action (recommend,
debate, vote on or make an administrative decision or recommendation) that
might affect property or a business with which the official or any relative of the
official is associated, or is asked to make a recommendation that will be
re-evaluated by another committee or official for formal action.
In these and other circumstances, the public official's action could have an
impact on the personal finances of the official, a relative or an associated
business. However, the results of the actions are not certain. It is not clear if or
how a land use decision on adjacent property will affect a parcel. It is not certain
that the decision maker will follow a recommendation. (See examples below
describing appropriate actions).
4. What is an actual conflict of interest?
According to the statute, the difference between a potential and actual conflict
of interest is determined by the words "could" and "would." An actual conflict of
interest occurs when the action is reasonably certain to result in a financial
benefit or detriment. It will occur when an action is taken that directly and
8
specifically affects land, a business, or any other financial interest of the office
holder or office holder's relative.
Examples listed below demonstrate differences between potential and actual
conflicts. However, in many cases, the distinction may be hard to determine.
When in doubt, check with the GSPC.
5. What must a public official do when faced with an action that (lives rise
to a potential or actual conflict of interest?
Allowable actions vary depending on the public official's role.
Elected officials and appointed members of boards and commissions:
An elected official or a person appointed to a board or commission must
publicly declare a potential or actual conflict of interest prior to abstaining,
discussing, recommending, voting or taking other official action on an issue. The
official also must explain the nature of the conflict. The declaration and the
nature of the conflict must be noted in the minutes.
(Abstaining instead of disclosing a conflict of interest does not fulfill
statutory requirements because the act of abstaining is an official action
and the law requires disclosure before action is taken.)
With a potential conflict of interest, an official may participate in the action,
once the nature of the conflict has been announced.
In the case of an actual conflict of interest, the person must:
a) Announce the nature of the conflict; and
b) Not take any official action on the issue.
At each session or meeting at which the issue is addressed, the official must
make the same public disclosure. However, the official is required to make that
announcement only once at each meeting, even if the issue involves a series
of votes.
EXAMPLE: A planning commission member owns property adjacent to a
parcel for which the commission is considering a conditional use permit. The
change in use of the debated parcel mayor may not impact the value of the
9
commissioner's property, but the possibility exists. The commissioner must
declare a potential conflict of interest and announce the nature of the conflict.
Then the commissioner may enter into debate and proceed to vote or take other
official action.
EXAMPLE: The same planning commissioner has approached the planning
department for a conditional use permit on his property. The permit comes before
the planning commission.
Because the outcome of the decision clearly would have a financial impact on
the commissioner's property, the commissioner must declare an actual conflict of
interest, and he may not take any official action on the permit application.
EXAMPLE: A city council is about to approve a contract authorizing a
councilor's husband's brother to be principal contractor on a new city building.
Such an action would be a clear financial benefit to a relative of the councilor and
would constitute an actual conflict of interest.
The councilor would be required to announce an actual conflict of interest and
refrain from any further official action.
EXAMPLE: A school board has asked a special panel of teachers to
recommend three consultants from a large applicant pool. One of the teachers is
married to one of the consultants who has applied. The panel recommends three.
names for a decision by the full school board. The teacher is required to declare
a potential conflict of interest, and then the teacher is permitted to vote on moving
the slate of consultants to the board for final selection. The teacher is not sure of
the outcome, therefore, the potential for financial gain exists, but it is not a
certainty.
Legislators:
Legislators should consult the rules of the chamber in which they serve as to
when and how potential or actual conflicts of interest are to be disclosed.
A legislator is required to vote on every piece of legislation that arises when
they are present in committee or on the floor. Therefore, even when faced with
an actual conflict of interest, the legislator must vote. Official action taken by a
legislator usually affects all persons in the state or a large group of persons in the
state to the same degree. Accordingly, legislators are often exempt because of
the "class exception." [See ORS 244.020(7)(b)]
10
Judges:
Judges must either remove themselves from cases giving rise to conflicts or
advise the parties about the nature of the conflict of interest.
Other appointed public officials:
An appointed official, including public employees, must disclose the actual or
potential conflict of interest in writing to the person who appointed the official
(the "appointing authority"), disclose the nature of the conflict and ask that person
to dispose of the matter giving rise to the conflict such as by assigning the matter
to another employee.
EXAMPLE: A county worker is in charge of disposing of surplus property.
The employee's brother is a contractor interested in purchasing a piece of heavy
equipment that the oounty is selling. Normally, the county employee has the
flexibility to negotiate payment terms with prospective purchasers.
Because the payment terms agreed on will clearly impact the finances of the
employee's relative, this circumstance is an actual conflict of interest. The county
employee must notify the appointing authority in writing of the actual conflict of
interest and request the appointing authority to dispose of the matter.
In this example, the appointing authority -- the supervisor who hired the
county worker -- could take over negotiations with the employee's brother, or
assign responsibility for negotiating to another employee.
6. How can a public official assure that a declared conflict of interest has
Qone into the official record?
The statute requires that a disclosure of potential or actual conflicts of interest
be noted in the official records of the public body. A public official should make
sure that the meeting minutes or any other official records make note of the
announcement. In case an action is questioned, the minutes will verify that the
appropriate declaration has been made.
Be sure that the announcement is made clearly and is very explicit. Even if
you know or believe that other officials and any members of the public in
the room all are aware of the official's relationship to the issue at hand, it
11
is essential to state for the record that there is a potential or actual conflict
of interest and to describe the nature of the conflict.
7. Must a public official disclose financial amounts when announcina a
potential or actual conflict of interest?
No. The statute requires only that the nature of the conflict be disclosed.
8. What is a "class" exception to the statutes relatina to potential and
actual conflicts of interest?
The law has identified certain circumstances creating what is called a "class
exception" from the definitions of actual and potential conflicts of interest
Sometimes an official may take action that would have a financial effect on
that official, a relative or a business with which the official or the official's relative
is associated. But when other people are also "affected to the same degree" by
that action, the official may be exempt from conflict of interest on the basis of a
class exemption.
The law says that a "class" can be comprised of all inhabitants of the state or
a smaller group, such as an industry or occupation.
If the official, official's relative or associated business is found to be a member
of a class, no actual or potential conflict of interest is involved so long as the
action would affect everyone in the class in the same manner.
Only the GSPC is authorized by law to determine the existence of a class for
the purpose of compliance with ORS Chapter 244.
There is no hard and fast rule that identifies a class. For example, in a town of
5,000, where virtually all residents work for or are otherwise financially
associated with a single business, the GSPC may find that the public officials are
members of a class. However, in a community of 150,000, 5,000 people with a
common financial interest may not be considered a "class."
If you are uncertain whether you as an official are a member of a class if a
potential or actual conflict may exist otherwise, you should contact the GSPC.
The following examples may help you, as well:
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EXAMPLE: A good example of a class is property taxpayers. Most public
officials are property owners and therefore property taxpayers. An action that
would affect property tax rates in a taxing district would therefore affect most or all
of the elected officials serving the decision-making body. In most cases, the
commission would consider the officials as a member of a class of taxpayers, and
would find that there is no conflict of interest.
EXAMPLE: A city council may consider using public funds to develop a series
of parks on property that currently consisted of eyesores and condemned
buildings. The result of such action would be to raise property values throughout
much of the community -- "affecting to the same degree" a significant number of
other people.
Again, because most public officials are property owners, the officials would
be considered members of a class of property owners, as everyone in the
community who owns property -- not just the officials -- would benefit from the
investment.
However, if a public official owned the particular property to be improved, he
or she would not be considered a member of a class. The result would be an
actual conflict of interest. The official would be required to declare a conflict and
refrain from taking action.
EXAMPLE: A member of a school board was faced with a decision on
whether or not the board should buy property owned by the member's spouse.
The GSPC advised the member that because the member's spouse was the only
individual owning the property, the spouse was not a member of a class. This
situation presented an actual conflict of interest.
EXAMPLE: A more subtle distinction was made by the GSPC in the case of a
county commissioner. The commissioner was a part owner of a commercial
building in a pedestrian mall. The county commission was asked to open a
portion of the thoroughfare through the mall to vehicle traffic. The GSPC advised
that the commissioner was a member of a class of other property owners who
would be similarly affected. No conflict of interest was found.
EXAMPLE: The Advisory Committee on Historic Preservation has many
members personally committed to preserving old buildings. The committee was
asked to vote on recommendations concerning nominations to the historic
register, placement on which is accompanied by a tax freeze.
13
11'"" 1
Some of the members owned property being considered for acceptance on the
register (and the resulting tax break). The GSPC found that these individuals
were considered members of a class, along with several thousand other property
owners "where all the people or businesses in the class are affected to the same
degree" by the board action. Therefore, they were not required to declare a
conflict of interest.
However, if they were asked to vote on a specific property application owned
by a voting member, a "yes" vote by that member would result in financial benefit
for that particular individual, which would represent an actual conflict of interest.
The member would be required to announce a conflict of interest and refrain from
voting.
9. Are there other exceptions to ORS 244.020. the definition of "conflict of
interest"?
Yes, there are several.
ORS 244.020(7)(a) exempts individuals when the conflict arises from "an
interest or membership in a particular business, industry, occupation, or other
class required by law as a prerequisite to the holding by the person of the
office or position."
EXAMPLE: Half the members of the same Advisory Committee on Historic
Preservation are required by law to be people who are recognized as
professionals in the areas of history, architectural history, architecture,
archeology, museum management or be cultural or ethnic minorities. There may
be times when the committee would take action that would affect the occupation,
in general, of one or more of the members.
In this case, actions they take would be exempt from conflict of interest
requirements, because their membership in a specific occupation is required for
membership on the commission. The nature of that occupation naturally would
lead to what otherwise might be conflicts of interest.
10. What is the law with reaard to affiliation with non-profit oraanizations?
The statute says that officials need not declare a potential or actual conflict of
interest when the potential or actual conflict of interest arises from "membership
in or membership on the board of directors of a nonprofit corporation that is
14
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tax-exempt under 501 (c) of the Internal Revenue Code". However, the official's
relationship with the non-profit entity must be unpaid.
EXAMPLE: A school board member is presented with a decision to approve a
contract for mental health services to a local non-profit organization on which the
board member is also a board member. The board member is not required to
declare an actual or potential conflict of interest and is able to take action on the
contract.
11. What if a public body would be one short of the minimum number of
votes necessary to take action if a person failed to vote because of a
conflict of interest?
The statute requires that when a member's vote is necessary for the voting
body to meet a required minimum number of votes necessary to take official
action, the member must declare an actual conflict of interest and may cast a
vote, but may not participate as a public official in any discussion of the topic.
EXAMPLE: The water district board is asked to approve a low-bid contract
with a plumbing contractor. An employee of the contractor sits on the board.
Ordinarily, the employee would be required to declare an actual conflict of
interest and refrain from voting or taking other action. This particular night,
because several board members are out with the flu, the board member's vote is
necessary for the board to meet the required minimum number of votes
necessary to take action. The board member must declare an actual conflict of
interest and may then vote without entering into any debate or taking any other
official action on the motion.
IV. USE OF OFFICIAL POSITION OR OFFICE TO OBTAIN FINANCIAL
GAIN.
1. How does Oreaon law help ensure that public officials do not use
public office for personal financial aain?
ORS 244.040 states that:
15
"No public official shall use or attempt to use official position or office
to obtain financial gain or avoidance of financial detriment that would not
otherwise be available but for the public official's holding of the official position or
ffi "
o Ice...
This prohibition does not include acceptance of official salary, reimbursement
of expenses, honoraria and unsolicited awards for professional achievement.
2. When is a public official in violation of the law prohibiting use of official
position or office to obtain financial gain?
If people are able to gain financially only because they hold a public office,
and the same opportunity is not available to persons who are not public officials,
they are violating the law.
Some examples are very clear. Others are less obvious. An out-and-out
exchange of cash in return for a certain vote or administrative decision certainly
would be use of official position or office to obtain financial gain. The office
holder would not have received the money if that person were not a public official.
Similarly, an official who makes a decision in favor of a company in exchange
for a promise of a job is violating the law. The official is also violating the
statute if the official suggests or solicits that type of agreement.
Again, that official is offered the job not just because of skills, talents or
experience, but because that person is in an official position to do a favor for that
company in exchange for future employment.
The statute prohibits public officials from using public equipment for personal
purposes. It also prohibits an official from asking or allowing publicly paid staff to
do personal tasks for the official on public time or to make decisions that will
benefit the official financially.
A variety of examples follow. Some are based on actual GSPC cases and
others are hypothetical.
EXAMPLE: A city councilor is a real estate agent. On the agent's business
card are his name, occupation, phone number and the fact of being a council
member.
16
While the actual impact of this may be minimal, the implication is that the real
estate agent, by virtue of sitting on the council, may be able to "get things done"
for clients of the councilor's realty service. By connecting the council position to
the occupation, the councilor can be considered to be attempting to use offidal
position or office for financial gain, a violation of law.
EXAMPLE: A county road department employee is assigned a cell phone.
The employee uses the county phone for both business and personal calls. Each
month, when the county receives the bills for its cell phones, the bill for the phone
assigned to the employee is given to the employee. The employee then checks
off the calls that were "personal" and reimburses the county for the airtime costs
for those calls.
The employee is in violation of the prohibition against using official position for
personal financial gain. While the employee may be paying the airtime costs for
personal calls, the county paid the cost of the cell phone and is paying the
monthly service fee to the cellular carrier. The employee is using official position
to avoid a financial detriment.
EXAMPLE: A state legislator has a consulting business. The legislator
proposes to do work for a company that has an interest in legislative issues. The
legislator invites the prospective client into the legislator's office in the State
Capitol to discuss the consulting contract.
The message the legislator sends is that the legislator's official position is
beneficial in performing services under the personal business contract.
There is no prohibition against a legislator privately working for organizations
that have an interest in legislation. In fact, with Oregon's "citizen" Legislature, it
would be very difficult to find people who are not employed in businesses that
have some interest in legislation. The law does not disqualify a person from any
type of public service based merely on membership in some occupation or
profession.
The problem here is using the implied promise of legislative influence in return
for receiving compensation.
EXAMPLE: A state agency purchased a fleet of new cars at a deeply
discounted government price. An agency administrator ordered an additional car
to purchase personally and paid the government price for it with personal funds.
17
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The Oregon Supreme Q:>urt found that this was a violation of the Oregon
statutes. The court reasoned that the official gained financially (the $1,300 the
official saved by purchasing the new car at the fleet price) and that the only
reason the official was able to save the money was because of the official
position he held. The official would not have had the opportunity to save that
money "but for" his position.
It is important to note here that while similar behavior may be commonplace
and acceptable in private business, the state of Oregon holds its public officials to
a higher standard. Public officials must act with caution whenever their personal
financial interests overlap with those of the government entity they serve.
EXAMPLE: A city public works director had a boat and travel trailer that
needed to be stored for the winter. There was space available in the city yards.
The director used the space to store the boat trailer.
The GSPC found the employee in violation of using official position for
personal financial gain. It was determined that, but for the holding of the official
position, the director would not have been able to store the items at the city
yards, which enabled the director to avoid the financial detriment of paying for
commercial storage space.
EXAMPLE: A city's mayor owned an office supply store. The city regularly
purchased items from the mayor's store.
The GSPC determined that the city could continue to do business with the
mayor's store. There was no evidence that the mayor had taken any official
actions concerning the city's purchases from the mayor's business or that the
mayor had tried to influence the city or otherwise use official position for financial
gain in any way.
EXAMPLE: A county employee learned through confidential agency
documents that an investigation would result in the shutting down of a local bar.
The employee arranged financing and, by using the confidential information, was
able to buy the bar at below market value before the original owner lost a liquor
license. .
The employee improved the employee's financial situation by purchasing a
business at a very low price based on confidential information. Using confidential
information that is obtained because of official position for personal financial gain
is a specific violation of law.
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EXAMPLE: A county employee heard from a co-worker about a piece of
property that had been foreclosed on by the county because the property taxes
had not been paid for several years. Official notices were printed in the
newspaper and the county held an auction for that parcel. The employee was the
successful bidder and purchased the property.
Provided the employee did not use confidential information on which to base
the bid, and the employee was not responsible for any decisions concerning the
auction, sale, or other related financial details, the employee was not prohibited
from bidding on the property. In this situation, the employee did not benefit from
official position and had no advantage that was not available to any other person.
v. GIFTS
The gift provisions of Government Standards and Practices laws apply to public
officials receiving gifts both for themselves and their relatives. The application
of these provisions depends on the source of the gift. The provisions apply only
if the source has a "legislative or administrative interest" in the government
agency in which a public official holds official position. The law defines a
legislative or administrative interest as ".. .an economic interest, distinct from
that of the general public...in matters subject to the action or vote of a
person acting in the capacity of a public official."
If a public official receives a gift from a source that does not have a legislative or
administrative interest, and the gift is received only because of the official's
position, the official would be in violation of the prohibition against using official
position for personal financial gain as discussed in Section IV.
A gift is:
. Something of value that an official accepts for free or for which the official
does not pay back equal value;
. The forgiveness of a debt, as well as the giving of some object or service; and
. Something received by a public official that is not available to the general
public for the same price or on the same terms and conditions.
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2. Can public officials ever accept items of value?
The law permits public officials to accept the following:
. Campaign contributions;
. Gifts from relatives;
· Gifts totaling less than $100 in value during a calendar year from people or
organizations with an administrative or legislative interest in the public body in
which the recipient is an official;
· Food, lodging and travel for a public official associated with an appearance in
an official capacity at an event related to the official's public office;
· Food and beverage, when consumed by the public official or the official's
relatives in the presence of the purchaser or provider-- with no dollar limitation;
· Entertainment experienced by the official or official's relative in the presence of
the purchaser or provider, up to a value of $1 00 per person on a single occasion
and not totaling a value of more than $250 per person in a calendar year.
3. How is an official to know the value of a aift?
A public official should make every effort to determine the value of any gift
provided by lobbyists or other individuals with an administrative or legislative
interest in the area of the official's public responsibility.
Because the giving, as well as receiving, of gifts is regulated, both donor and
recipient should be aware of the statutes and should keep track of the value of
any gifts. When in doubt, ask.
EXAMPLE: A land developer with significant property holdings within a
county invites a county commissioner and spouse to join the developer and
spouse for dinner at a local restaurant. The developer pays for food and
beverages consumed by the commissioner and spouse.
The developer is allowed to pay for the meals of both the commissioner and
spouse. There is no dollar limit, nor is there a limit on how frequently this or
20
similar meals may take place during a calendar year nor does it matter if the
developer has issues pending before the board of commissioners.
EXAMPLE: A senator told a lobbyist how much the senator was looking
forward to a vacation at the end of the legislative session. The lobbyist offered
the senator a free weeklong stay at the lobbyist's luxury condominium at a coastal
resort. The senator accepted the offer. The lobbyist normally rents out the
condominium for $200 per day.
The lobbyist and the senator both violated the $100 yearly limitation on gifts.
The exemption for food lodging and travel did not apply because the senator was
vacationing. He was not appearing in an official capacity in an event related to
his office.
EXAMPLE: A vendor's representative with an interest in supplying
mechanical equipment to a parks and recreation district offered to sell the
district's manager a $450 lawn mower for the wholesale price of $300. The
manager bought the mower at the discounted price.
The $150 discount was a gift worth more than $100 in value. The vendor's
rep violated the law that limits the value of gifts to $100 a year by making the
offer. The director also violated the law by accepting the offer.
The director night also be found to have used public office for personal
financial gain for purchasing the discounted lawn mower.
EXAMPLE: The chief of a large fire department was planning to buy several
million dollars worth of new fire engines. A representative of a fire apparatus
manufacturer invited the chief to travel to the company's headquarters and
manufacturing plant in the eastern United States in order to see various models
of equipment demonstrated, etc. The representative also offered to have the
company pay for the chiefs food lodging and travel expenses associated with the
trip. The chief accepted the offer and subsequently purchased equipment from
that company.
Neither the chief nor the vendor's representative violated the law. While the
vendor's representative and the company he represented both had an economic
interest distinct from that of the public in the fire chiefs purchase of new
equipment, the trip was an event that was related to, and the chief "appeared" in,
the chief's official capacity. The chief could not, however, accept an offer to have
21
the chiefs spouse go on the trip at the manufacturer's expense, because the
spouse is not a public official and makes no appearance in an official capacity.
EXAMPLE: A lobbyist invited a legislator and the legislator's spouse to
accompany the lobbyist on charter boat ocean fishing trip. The legislator and
spouse accepted the invitation. The lobbyist paid $89 per person for the boat
trip. After fishing, the lobbyist took the legislator and spouse to dinner at a cost of
$55 each.
The statutory gift limitations were not violated. The limit for entertainment is $100
per occasion or $250 in a calendar year each for the legislator and the spouse,
provided the entertainment is "experienced" in the presence of the purchaser or
provider. The fishing trip was the only entertainment the lobbyist had provided to
that legislator or spouse during the year. There is no value limit on gifts of food
and beverage as long as the food and beverage are consumed in the presence of
the purchaser or provider.
VI. HONORARIA
1. What is meant bv an honorarium?
The statute says that an honorarium is a payment or something of economic
value given to a public official in exchange for services "upon which custom or
propriety prevents the setting of a price."
Traditionally, an honorarium has been the granting of a sum of money to a
public official in exchange for giving a speech or performing a service in an official
capacity. The public official cannot dictate, negotiate or recommend the value of
the honorarium.
2. What public officials may accept honoraria?
Some office holders and candidates for those offices may not accept
honoraria.
Statewide elected officials and candidates for those offices may not
accept honoraria for themselves or for their relatives.
22
State legislators and candidates for legislative office may only accept
honoraria for appearances outside the State of Oregon when the Legislature is
not in session. The honoraria may not exceed $1,500 for each appearance.
State legislators and candidates for legislative office may accept honoraria for
services related to their private professions or occupations.
There are no restrictions on honoraria that may be received by other public
officials.
EXAMPLE: A city's mayor addressed a convention. Neither the host nor the
mayor discussed any payment being made to the mayor for making the speech.
At the conclusion of the speech, the mayor was offered $100 cash for having
made the speech. The payment was an honorarium, which the law permitted the
mayor to accept.
EXAMPLE: A state legislator who chairs a subcommittee on liability limits was
invited to speak, in Oregon, before a group of insurance industry representatives
on the subject of his committee work. The legislator may not accept an
honorarium for this appearance.
EXAMPLE: A city council member was invited to provide a public policy
perspective on solid waste issues to an association of garbage haulers and
recyclers. The councilor was dfered an honorarium at the conclusion of the
presentation.
The council member may accept the honorarium if he has not directed,
suggested or dictated the amount involved or required an honorarium as a
condition of his appearance.
VII. STATEMENTS OF ECONOMIC INTEREST
1. What is a statement of economic interest?
The statement of economic interest (SEI) is a form prepared by the
Government Standards and Practices Commission that approximately 4,000
public officials are required to file with the GSPC.
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The form asks information about sources of the official's household income,
business interests, and other financial matters. Specific dollar amounts are not
requested. The purpose of the form is to make general information about an
official's income sources and business relationships available to the public.
The forms also ask for information about office-related food, lodging, travel
and honoraria. The requirement for disclosure promotes accurate record-keeping
by officials and special interest groups, and helps to maintain a higher level of
public trust.
2. Who must file a statement of economic interest?
According to ORS 244.050, many elected and appointed officials are required
to file a statement of economic interest. These officials include:
a) All statewide elected officials (Governor, secretary of state, state
treasurer, attorney general, commissioner of the Bureau of Labor and
Industries, superintendent of public instruction)
b) All county district attorneys
c) Alllegislators
d) "Judicial officers," including justices of the peace and municipal judges
except municipal judges in exempt cities;
e) Candidates for any of the offices listed above;
f) The deputy attorney general;
g) Numerous appointed officials working at the Oregon Legislature;
h) Designated officials of the State System of Higher Education;
i) Directors of state agencies listed in ORS 244.050;
j) Certain members of the Governor's staff;
k) Elected city and county officials, except in exempt cities and counties;
24
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I) Members of city or county planning, zoning or development commissions,
except in exempt cities and counties;
m) City and county executives or administrators;
n) Boundary commission members;
0) Metro councilors and the Metro president;
p) Members of the board of directors of the State Accident Insurance Fund
Corporation;
q) Chief administrative officers and financial officers of school districts,
education service districts and community college districts;
r) Members of state boards, commissions and councils listed in ORS
244.050; and
s) Anyone else listed under ORS 244.050.
See the copy of ORS Chapter 244 in the appendix to this manual for more
details.
3. Are all elected officials in the state reauired to file statements of
economic interest?
No. School board members are not required to file, nor are governing board
members of special districts.
Also, local government officials in cities and counties where a majority of
persons voted against the legislation in 1974 are not required to file. However,
legislators from those counties must file SEls. (Please contact the GSPC for a list
of exempt cities and counties.)
Be aware that the Oregon Legislature usually amends the list of those
required to file SEls during every legislative session. If you receive a form for the
first time, it may be because the Legislature has added your position to the
statute.
25
The GSPC may exempt a particular position from filing requirements, if the
commission determines that the public official's duties are so limited or infrequent
that financial disclosure is not necessary.
4. When is the filina deadline?
SEls must be filed or postmarked no later than April 15 of each year.
5. Where can an SEI form be obtained?
If you have filed to run for any covered elective office or you are currently an
official who is required to file, you should receive a form in the mail. If you are
required to file and you have not received a form by March 15, call the
GSPC at (503) 378-5105.
Candidates in the November general election for any statewide office, district
attorney or the Legislature who were not candidates in the May primary election
should contact the GSPC if they do not receive a form within 21 days after the
filing deadline for the general election.
When the form is completed, return it to the GSPC, 100 High Street SE, Suite
220, Salem, OR 97301-3607.
6. What if I do not file an SEI or if I provide inaccurate information?
Failure to file an SEI by the due date is basic evidence of a violation of the
law. If an SEI is filed more than 20 days after the April 15 deadline the law
provides for the automatic accrual of a civil penalty of five dollars for each
additional day the SEI is late, up to a maximum of $1 ,000.
The law also provides for a penalty of up to $1,000 for the willful filing of an
SEI that the person does not believe to be true and correct to every matter.
7. Are there additional filina reQuirements for some officials?
Certain employees of the State Treasury are required by ORS 244.055 to file
additional information with the State Treasurer.
26
VIII. POST-EMPLOYMENT "REVOLVING DOOR" REGULATIONS
1. Are there restrictions on what public officials may do after they leave
public office?
Yes. ORS 244.045 prohibits certain office holders from specific activities for
periods of time after they leave office.
2. What officials are subiect to restrictions?
The following regulatory officials:
a) Public Utility Commissioner
b) Director of the Department of Consumer and Business Services
c) Administrator of the Division of Finance and Corporate Securities
d) Administrator of the Insurance Division
e) Administrator of the Oregon Liquor Control Commission
f) Director of the Oregon State Lottery
g) A person who has been a member of the Oregon State Police with
gaming enforcement responsibilities
And the following other officials:
a) State Treasurer
b) Chief Deputy State Treasurer
c) Deputy Attorney General or Assistant Attorney General
3. What types of restrictions apply?
27
The regulatory officials listed above may not:
Within one year of leaving the public position:
· Become an employee of or receive any financial gain from any private
employer over which the person exercised any authority
Within two years of leaving the public position:
· Lobby or represent anyone to the agency over which the individual had
authority as a public official; or
· Influence or try to influence the actions of that agency; or
· Disclose any confidential information gained as a public official.
The other officials listed above are subject to specific restrictions based on the
nature of their official positions. ORS 244.045 (2) and (3) list restrictions on the
activities that may be undertaken by the state treasurer, chief deputy state
treasurer, deputy attorney general or an assistant attorney general after leaving
office. Anyone currently in these positions or considering entering such a
position should become familiar with these sections.
IX. GOVERNMENT STANDARDS AND PRACTICES COMMISSION
PROCESS
Questions, complaints, review and investigations
1. If I have a Question about the Qovernment standards and practices
statutes, what can I do?
The easiest course is to pick up the phone and call the staff of the
Government Standards and Practices Commission (GSPC) at (503) 378-5105.
You can also make an appointment to visit in person with a staff member. Some
issues that are not clearly described in the statutes may be explained more fully
in a brief conversation.
28
An informal answer by a staff member is not a legal protection against
prosecution by the GSPC. Because a conversation with staff is not an official
decision by the commission, it is not a guarantee of the commission's position.
However, GSPC staff people are knowledgeable about the statutes and quite
familiar with past and current commission interpretations. Furthermore, they are
committed to providing accurate advice and preventing violations of the statutes
whenever possible.
2. Can I receive advice in writina from the GSPC?
Yes. The GSPC may issue an advisory opinion in response to a written
question. An advisory opinion by the commission is binding. That is, the
commission cannot later prosecute for an action that follows the directions in an
advisory opinion.
The commission issues advisory opinions only before proposed official action
occurs.
The commission does not provide a form for requesting an advisory opinion.
Simply state your request in a letter delivered to the GSPC. Remember to indude
all of the facts concerning your situation.
Formal advisory opinions are discussed and approved by the full commission
and are reviewed by an assistant attorney general. For staff to conduct the
research and ask the commission to approve the opinion is a lengthy process.
Advisory opinions take at least three months from the time a request is received.
Under certain circumstances, the commission may choose not to issue an
advisory opinion. For instance, if the situation is similar to one in which an
advisory opinion has already been issued, the commission may not authorize a
formal advisory opinion. The commission will direct staff to respond in a letter
and refer to existing opinions.
A public official may also ask for a written informal staff opinion. This advice is
not binding, as it does not come from the full commission. However, on many
simple issues an informal staff response can provide the necessary information.
Commission staff can generally respond within two to four weeks.
3. What if I am still not certain after receivina a response?
29
When in doubt, don't. If you are uncertain about the legality of an action after
receiving a response from the GSPC, your best move is to refrain from the action
in question.
If you have questions about an action, it is likely that others will have similar
concerns. The best way to protect yourself from review, investigation and
penalties -- as well as the related publicity and public scrutiny -- is to avoid any
action that potentially violates GS&P laws.
4. If I ask for advice in any manner, will I triaaer an inauiry into my
conduct?
Not if the request relates to official action that has not yet taken place. If the
facts presented indicate that a violation of the statutes has occurred, the
commission may initiate a preliminary review.
5. What should I do if I suspect a public official of a GS&P violation?
Write to the GSPC outlining the possible violation and providing as much
detail as possible.
When possible, provide documentation. For example, ifthe charge is failure to
declare a potential conflict of interest, include meeting minutes that record the
discussion preceding the vote in question.
Complaints may be filed in the form of a simple letter. For persons who prefer
the convenience of a form, a complaint form may be obtained from the GSPC
Website at www.QsPc.state.or.us. The law requires that all complaints be
signed.
If the GSPC receives no specific information, staff will request the person
submitting the complaint to provide more information before action can be taken.
6. What happens when the GSPC receives a complaint?
When the GSPC staff receives a complaint, the executive director can start the
process leading to review and investigation. The executive director first reviews
the complaint to determine if the alleged violation falls within the GSPC's
jurisdiction. If the complaint is not within the commission's jurisdiction, the
executive director sends the complainant a letter to advise that the commission
cannot take action.
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If the matter does appear to be within the commission's jurisdiction, the
director notifies the public official named in the complaint.
About 90 percent of the cases reviewed by the commission are initiated as a
result of written complaints. The balance of cases are initiated by the
commissioners, not the GSPC staff, at regular commission meetings as the result
of information obtained from other sources, such as government agencies or
media coverage.
Preliminary Review. When deciding to pursue an issue, the commission
opens a case file and initiates a preliminary review. A decision to conduct a
preliminary review means that the alleged violation appears to be within the
commission's jurisdiction.
During the preliminary review, the GSPC staff may solicit information relating
to the charges. Staff may ask for records and documents, take depositions and
obtain statements under oath.
The preliminary review phase must be completed within 90 days of the filing of
the complaint or initiation of action on the part of the commission. By the end of
the 90-day period, the commission must either find "cause" to fully investigate the
charges or dismiss the case. GS&P law defines "cause" as "...a substantial,
objective basis for believing that an offense or violation may have been
committed and the person who is the subject of an inquiry may have committed
the offense or violation."
Investigative Phase. If the commission finds "cause" to pursue the case, the
investigative phase begins. The commission has 120 days to investigate the
issues, during which time it may issue subpoenas to obtain documents and oral
testimony. In other words, the commission may now require individuals to present
evidence before the commission.
Except in unusual circumstances described in the statutes, the commission
must make a determination on the case within 120 days of starting the
investigation phase. The commission may:
31
,.--------- ----- ~ ---------- -
. Dismiss the case
. Continue the investigation for no more than 30 days
. Move to the contested case proceeding
. Seek a negotiated settlement or
. Take other appropriate action if justified.
Contested Case Hearing. When the commission moves a case to a
contested case hearing, the commissioners make a preliminary finding of violation
because they believe they have received substantial evidence of a violation. A
hearings officer assigned by the Central Hearings Panel hears a contested case.
A contested hearing is less formal than a court proceeding. The assistant
attorney general assigned to the GSPC presents evidence to the hearings officer
on behalf of the commission. The public official or the public official's attorney
makes a presentation responding to the GSPC's case. Both parties then make
concluding statements.
The hearings officer then reviews the evidence submitted at the hearing and
prepares a written document that includes conclusions of law, findings offact and
a proposed final order.
The GSPC may accept, change or reject the hearings officer's proposed order
in making a final order.
Option for Circuit Court. A public official may elect to have the commission
file a lawsuit against the official in the Marion County Circuit Court rather than
hold a contested case hearing. The public official must notify the commission of
that decision in writing within 21 days of receiving notice of the commission's
action to move to the contested case hearing phase. The commission must file a
circuit court suit within 30 days of receiving the public official's notice.
Appeal. People wishing to appeal a final order may do so in the Oregon
Court of Appeals.
7. If I am the subiect of a GSPC inquiry. may I have an attorney represent
!!!.! ?
Yes. An attorney can represent you at any time during the process. Attorneys
are not required. However, the commission recommends that all persons obtain
legal help if the case reaches the contested hearing stage.
32
8. Am I allowed to have contact with GSPC staff durina a review or
investiaation?
Yes. People who are subject to inquiries or investigations are encouraged to
talk with GSPC staff at any point during the process. Unlike a criminal or civil suit
where all contact between opposing parties must be through attorneys, the
GSPC process is considerably more flexible.
You are encouraged to provide any information or evidence that will help the
GSPC decide your case. Furthermore you may ask about, and will receive,
information on the status of the investigation at all times.
9. May I resolve my case without a hearina?
Yes. The GSPC encourages settlement of a case at any stage of the
proceedings. About 90 percent of cases that are not dismissed prior to the
contested case hearing phase are resolved by an agreement between the public
official and the GSPC. The result is a "stipulated final order."
The stipulated final order contains facts agreed to by the official and the
GSPC. It may also contain statements of fact by one side that the other side
does not agree to.
A stipulated final order also contains terms of settlement. The settlement may
require payment of a civil penalty as part of the final order. When payment of
money is one of the terms of settlement, the amount is usually much smaller than
the amount that would be imposed after a contested case hearing for the same
violation.
10. What penalties may the GSPC apply?
The commission may impose fines up to $1,000 each for violations of ORS
244. However, each violation of ORS 244.045 (the "revolving door" sections)
may invoke a penalty up to $25,000.
In addition, if the commission finds that an official has obtained personal
financial gain by violating any section of ORS 244, the commissioners may
require the official to forfeit twice the amount gained. Funds received by such
forfeiture become part of the state general fund. A forfeiture is not restitution.
33
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Failure to file a correct statement of economic interest carries separate
penalties (see Chapter VII in this manual).
11. Is information about a GSPC case confidential?
During the preliminary review phase, the GSPC is required to maintain strict
confidentiality. The only information staff or a commissioner may provide the
public or the media during this phase is a simple "yes" or "no" answer if asked
whether or not the GSPC received a complaint naming a particular person. The
decision to move beyond the preliminary review phase is conducted in executive
session.
At the end of the preliminary review, regardless of the determination, the
commission must make all information available to the public. For the duration of
the process, all information collected by or produced by GSPC staff is available to
the public on request.
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,.-
10flDOCUMENT
OREGON REVISED STATUTES
*** THIS DOCUMENT IS CURRENT THROUGH THE 2003 REGULAR SESSION OF THE 72ND LEGISLATIVE
ASSEMBLY ***
*** ANNOTATIONS CURRENT THROUGH MARCH 18,2005 ***
TITLE 22. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 244. GOVERNMENT STANDARDS AND PRACTICES
GENERAL PROVISIONS
GO TO OREGON REVISED STATUTES ARCHIVE DIRECTORY
ORS S 244.020 (2003)
244.020. DefInitions.
As used in this chapter, unless the context requires otherwise:
(1) "Actual conflict of interest" means any aotion or any decision or recommendation by a person acting in a
capacity as a public official, the effect of which would be to the private pecuniary benefIt or detriment of the person or
the person's relative or any business with which the person or a relative of the person is associated unless the pecuniary
benefIt or detriment arises out of circumstances described in subsection (14) of this section.
(2) "Business" means any corporation, partnership, proprietorship, fIrm, enterprise, franchise, association,
organization, self-employed individual and any other legal entity operated for economic gain but excluding any income-
producing not-for-profIt corporation that is tax exempt under section 501(c) of the Internal Revenue Code with which a
public official is associated in a nonremunerative capacity.
(3) "Business with which the person is associated" means:
(a) Any private business or closely held corporation of which the person or the person's relative is a director,
officer, owner or employee, or agent or any private business or closely held corporation in which the person or the
person's relative owns or has owned stock, another form of equity interest, stock options or debt instruments worth $
1,000 or more at any point in the preceding calendar year;
(b) Any publicly held corporation in which the person or the person's relative owns or has owned $ 100,000 or
more in stock or another form of equity interest, stock options or debt instruments at any point in the preceding calendar
year;
(c) Any publicly held corporation of which the person or the person's relative is a director or officer; or
(d) For public officials required to ftle a statement of economic interest under ORS 244.050, any business from
which 50 percent or more of the total annual income of the person and members of the person's household is derived
during the current calendar year.
(4) "Commission" means the Oregon Government Standards and Practices Commission.
(5) "Development commission" means any entity which has the authority to purchase, develop, improve or lease
land or the authority to operate or direct the use of land. This authority must be more than ministerial.
(6) "Expenditure" has the meaning given that term in ORS 260.005.
(7) "Gift" means something of economic value given to a public official or the public official's relative without
valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, which is not
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ORS ~ 244.020
extended to others who are not public officials or the relatives of public officials on the same terms and conditions; and
something of economic value given to a public official or the public official's relative for valuable consideration less
than that required from others who are not public officials. However, "gift" does not mean:
(a) Campaign contributions, as described in ORS chapter 260.
(b) Gifts from family members.
(c) The giving or receiving of food, lodging and travel when participating in an event which bears a relationship to
the public official's office and when appearing in an official capacity, subject to the reporting requirement of ORS
244.060 (6).
(d) The giving or receiving of food or beverage if the food or beverage is consumed by the public official or the
public official's relatives in the presence of the purchaser or provider thereof.
(e) The giving or receiving of entertainment if the entertainment is experienced by the public official or the public
official's relatives in the presence of the purchaser or provider thereof and the value of the entertainment does not
exceed $ 100 per person on a single occasion and is not greater than $ 250 in anyone calendar year.
(8) "Honoraria" means a payment or something of economic value given to a public official in exchange for
services upon which custom or propriety prevents the setting of a price. Services include, but are not limited to,
speeches or other services rendered in connection with an event at which the public official appears in an official
capacity.
(9) "Income" means income of any nature derived from any source, including, but not limited to, any salary, wage,
advance, payment, dividend, interest, rent, honoraria, return of capital, forgiveness of indebtedness, or anything of
economic value.
(10) "Legislative or administrative interest" means an economic interest, distinct from that of the general public, in
one or more bills, resolutions, regulations, proposals or other matters subject to the action or vote of a person acting in
the capacity of a public official.
(11) "Legislative official" means any member or member-elect of the Legislative Assembly, any member of an
agency, board or committee that is part of the legislative branch and any staff person, assistant or employee thereof.
(12) "Member of household" means any relative who resides with the public official.
(13) "Planning commission" means a county planning commission created under ORS chapter 215 or a city
planning commission created under ORS chapter 227.
(14) "Potential conflict of interest" means any action or any decision or recommendation by a person acting in a
capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or
the person's relative, or a business with which the person or the person's relative is associated, unless the pecuniary
benefit or detriment arises out of the following:
(a) An interest or membership in a particular business, industry, occupation or other class required by law as a
prerequisite to the holding by the person of the office or position.
(b) Any action in the person's official capacity which would affect to the same degree a class consisting of all
inhabitants of the state, or a smaller class consisting of an industry, occupation or other group including one of which or
in which the person, or the person's relative or business with which the person or the person's relative is associated, is a
member or is engaged. The commission may by rule limit the minimum size of or otherwise establish criteria for or
identify the smaller classes that qualify under this exception.
(c) Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under
section 501 (c) of the Internal Revenue Code.
(15) "Public official" means any person who, when an alleged violation of this chapter occurs, is serving the State
of Oregon or any of its political subdivisions or any other public body of the state as an officer, employee, agent or
otherwise, and irrespective of whether the person is compensated for such services.
(16) "Relative" means the spouse of the public official, any children of the public official or of the public official's
spouse, and brothers, sisters or parents of the public official or of the public official's spouse.
,.-
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ORS ~ 244.020
(17) "Statement of economic interest" means a statement as described by ORS 244.060 to 244.080.
(18) "Statewide official" means the Secretary of State or Secretary of State-elect, State Treasurer or State Treasurer-
elect, Superintendent of Public Instruction or Superintendent-elect of Public Instruction, Attorney General or Attorney
General-elect and the Commissioner of the Bureau of Labor and Industries or the Commissioner-elect of the Bureau of
Labor and Industries.
(19) "Zoning commission" means an entity to which is delegated at least some of the discretionary authority of a
planning commission or governing body relating to zoning and land use matters.
CURRENT ANNOTATIONS:
NOTES OF DECISIONS
Where banking fIrm paid expenses of public officials, their spouses and persons who were not public officials,
there was "gift" as defmed in this section because persons who were not public officials were associated with city
project and "others" does not mean persons associated in that manner. Keller v. Oregon Government Ethics Comm., 106
Or App 727, 809 P2d 721 (1991), Sup Ct review denied
ATTY. GEN. OPINIONS:
Applicability of Oregon Government Ethics Law to contractors that perform services for government, (1990) Vol 46, p
350
HISTORY: 1974 c.n ~ 2; 1975 c.543 ~ 1; 1977 c.588 ~ 2; 1979 c.666 ~ 5; 1987 c.566 ~ 8; 1989 c.340 ~ 2; 1991
c.73 ~ 1; 1991 c.770 ~ 5; 1993 c.743 ~ 8; 1995 c.79 ~ 85; 1997 c.249 ~ 75; 2001 c.200 ~ 1; 2003 c.14 ~ 115
LexisNexis (R) Notes:
CASE NOTES
1. On appeal from a decision of the Land Use Board of Appeals (LUBA), a reviewing court found that the standard for
disqualifIcation for members of quasi-judicial boards, such as a county board, where there had been prior fmancial
dealings between a board member and an interested party, was different than it was for judicial bodies in that the mere
appearance of impropriety of a board member's actions could not in all cases void the action taken by such a quasi-
judicial board. A prior dealing, without evidence of vote buying or influence to vote a certain way was not sufficient to
void the board's action. 1000 Friends v. Wasco County Court, 304 Or. 76, 742 P.2d 39, 1987 Ore. LEXIS 1772 (1987).
2. Participation of a city council member, who was also a real estate broker, in the formation of a hospital bond
authority as a method of fmancing a retirement care facility project did not create a "potential conflict of interest" under
former Or. Rev. Stat. ~ 244.020(4), now Or. Rev. Stat. S 244.020(7), even though the council member hoped and
expected to earn commissions on sales of homes by owners desiring to move into the care facility; the HBA was an
independent body with the power to decide whether to proceed with the care facility project, and the council member
would have nothing to do with acts of the HBA. Caragol v. Or. Gov't Ethics Comm'n, 98 Or. App. 593, 780 P.2d 751,
1989 Ore. App. LEXIS 1514 (1989).
3. City council member's failure to report in his statement of economic interest that his real estate company had been
loaned money by a construction company, which was suing the city for labor and materials that it had expended on a
Page 4
ORS S 244.020
development project, fit within the statutory definition of "legislative or administrative interest" under former Or. Rev.
Stat. S 244.020(7) (now Or. Rev. Stat. ~ 244.020(11)) and was unlawful. Caragol v. Or. Gov't Ethics Comm'n, 98 Or.
App.593, 780 P.2d 751,1989 Ore. App. LEXIS 1514 (1989).
4. Imposition of a penalty against certain city officials for violation of Or. Rev. Stat. ~ 244.040(2), based on an
investment banking firm's payment of expenses for food, lodging, and travel furnished to spouses of the city officials as
a "gift" under former Or. Rev. Stat. S 244.020(5) (now Or. Rev. Stat. ~ 244.020(8), was reversed because the firm also
paid the same expenses of three other persons, two of whom were corporate officers, and one of whom was a spouse of
a corporate officer. Keller v. Or. Gov't Ethics Comm 'n, 94 Or. App. 462, 766 P.2d 402, 1988 Ore. App. LEXIS 2233
(1988).
5. Under the former Or. Rev. Stat. S 244.020(9), now Or. Rev. Stat. ~ 244.020(8), persons acting as agents of city on
public project were public officials so that payment of their expenses did not except payment of expenses of spouses of
city officials from prohibited "gift" provision. Keller v. Or. Gov't Ethics Comm'n, 106 Or. App. 727,809 P.2d 721, 1991
Ore. App. LEXIS 615 (1991).
6. On appeal from a decision of the Land Use Board of Appeals (LUBA), a reviewing court found that the standard for
disqualification for members of quasi-judicial boards, such as a county board, where there had been prior financial
dealings between a board member and an interested party, was different than it was for judicial bodies in that the mere
appearance of impropriety of a board member's actions could not in all cases void the action taken by such a quasi-
judicial board. A prior dealing, without evidence of vote buying or influence to vote a certain way was not sufficient to
void the board's action. 1000 Friends v. Wasco County Court, 304 Or. 76, 742 P.2d 39, 1987 Ore. LEXIS 1772 (1987).
1 of 1 DOCUMENT
OREGON REVISED STATUTES
*** THIS DOCUMENT IS CURRENT THROUGH THE 2003 REGULAR SESSION OF THE 72ND LEGISLATIVE
ASSEMBLY ***
*** ANNOTATIONS CURRENT THROUGH MARCH 18,2005 ***
TITLE 22. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 244. GOVERNMENT STANDARDS AND PRACTICES
GENERAL PROVISIONS
GO TO OREGON REVISED STATUTES ARCHIVE DIRECTORY
ORS ~ 244.040 (2003)
244.040. Code of ethics; prohibited actions; honoraria.
The following actions are prohibited regardless of whether actual conflicts of interest or potential conflicts of interest
are announced or disclosed pursuant to ORS 244.120:
(l)(a) No public official shall use or attempt to use official position or office to obtain fmancial gain or avoidance
of financial detriment that would not otherwise be available but for the public official's holding of the official position
or office, other than official salary, honoraria, except as prohibited in paragraphs (b) and (c) of this subsection,
reimbursement of expenses or an unsolicited award for professional achievement for the public official or the public
official's relative, or for any business with which the public official or a relative of the public official is associated.
(b) No statewide official shall solicit or receive, whether directly or indirectly, honoraria for the statewide official
or for any member of the household of the official. No candidate for statewide office shall solicit or receive, whether
directly or indirectly, honoraria for the candidate or for any member of the household of the candidate.
(c) No legislative official shall solicit or receive, whether directly or indirectly, honoraria in an amount in excess of
$ 1,500 or in any amount for an appearance within the state or for an appearance during a legislative session, regardless
oflocation, for the legislative official or for any member of the household of the official, except that a legislative
official may solicit or receive honoraria for services performed in relation to the private profession or occupation of the
legislative official. No candidate for legislative office shall solicit or receive, whether directly or indirectly, honoraria in
an amount in excess of $ 1,500 or in any amount for an appearance within the state for the candidate or for any member
of the household of the candidate, except that a candidate for legislative office may solicit or receive honoraria for
services performed in relation to the private profession or occupation of the legislative official.
(d) Any public official not described in paragraph (b) or (c) of this subsection or a member of the public official's
household may receive honoraria.
(2) No public official or candidate for office or a relative of the public official or candidate shall solicit or receive,
whether directly or indirectly, during any calendar year, any gift or gifts with an aggregate value in excess of$ 100 from
any single source who could reasonably be known to have a legislative or administrative interest in any governmental
agency in which the official has or the candidate if elected would have any official position or over which the official
exercises or the candidate if elected would exercise any authority.
(3) No public official shall solicit or receive, either directly or indirectly, and no person shall offer or give to any
public official any pledge or promise of future employment, based on any understanding that such public official's vote,
official action or judgment would be influenced thereby.
Page 2
ORS ~ 244.040
(4) No public official shall attempt to further or further the personal gain of the public official through the use of
confidential information gained in the course of or by reason of the official position or activities of the public official in
any way.
(5) No person shall offer during any calendar year any gifts with an aggregate value in excess of$ 100 to any
public official or candidate therefor or a relative of the public official or candidate if the person has a legislative or
administrative interest in a governmental agency in which the official has or the candidate if elected would have any
official position or over which the official exercises or the candidate if elected would exercise any authority.
(6) No person shall attempt to represent or represent a client for a fee before the governing body of a public body of
which the person is a member. This subsection does not apply to the person's employer, busin~ss partner or other
associate.
CURRENT ANNOTATIONS:
NOTES OF DECISIONS
Prohibition against public official using position for financial gain is not unconstitutionally vague because official
uncertain whether conduct is prohibited may obtain advisory opinion under ORS 244.280. Groener v. Oregon
Government Ethics Commission, 59 Or App 459, 651 P2d 736 (1982)
Law enjoining one not to "use" official position to obtain financial gain is not unconstitutionally vague. Davidson v.
Oregon Government Ethics Commission, 300 Or 415, 712 P2d 87 (1985)
Where public official purchased automobile as "add on" to State Accident Insurance Fund purchase of fleet of cars
and received discount not available to average buyer, official violated prohibition of this section against using public
office for financial gain. Davidson v. Oregon Government Ethics Commission, 300 Or 415, 712 P2d 87 (1985)
In prohibition against public official using or attempting to use official office or position, phrase "would not
otherwise be available" modifies "fmancial gain or avoidance of financial detriment." Buntyn v. Government Standards
and Practices Commission, 186 Or App 351,63 P3d 37 (2003)
ATTY. GEN. OPINIONS:
Purchase of surplus state property by state employes as conflict of interest, (1977) Vol 38, p 1401; committee
establishing fund to defray expenses of elected official incurred in performing political functions of office, (1980) Vol
40, p 11; Applicability of Oregon Government Ethics Law to contractors that perform services for government, (1990)
Vol 46, p 350
HISTORY: 1974 c.n ~ 3; 1975 c.543 ~ 2; 1987 c.566 ~ 9; 1989 c.340 ~ 3; 1991 c.146 ~ 1; 1991 c.770 ~ 6; 1991
c.911 ~ 4; 1993 c.743 ~ 9
LexisNexis (R) Notes:
CASE NOTES
1. The term "use," as it is employed in Or. Rev. Stat. ~ 244.040(1), must be given its common and ordinary meaning in
order to best effectuate legislative policy, which proscribes not only influence peddling, but was properly interpreted to
cover the situation where a public employee uses his position to obtain personal financial gain. Davidson v. Or. Gov't
Ethics Comm'n, 74 Or. App. 160, 702 P.2d 417,1985 Ore. App. LEXIS 3289 (1985).
loflDOCUMENT
OREGON REVISED STATUTES
*** THIS DOCUMENT IS CURRENT THROUGH THE 2003 REGULAR SESSION OF THE 72ND LEGISLATIVE
ASSEMBLY ***
*** ANNOTATIONS CURRENT THROUGH MARCH 18,2005 ***
TITLE 22. PUBLIC OFFICERS AND EMPLOYEES
CHAPTER 244. GOVERNMENT STANDARDS AND PRACTICES
REPORTING
GO TO OREGON REVISED STATUTES ARCHIVE DIRECTORY
ORS S 244.100 (2003)
244.100. Disclosure of gifts or other compensation; exemptions from gift limitation; rules.
(1) The Oregon Government Standards and Practices Commission by rule may require the disclosure and reporting of
gifts or other compensation made to or received by a public official or candidate for elective office.
(2) The commission by rule may exempt from the gift limitation contained in ORS 244.040, any gift offood or
beverage but may require that when gifts of food or beverage exceed a dollar amount fixed by the commission, the
source thereof shall be disclosed on a form prescribed by the commission.
(3) In addition to any disclosures or reports required under subsections (1) and (2) of this section, any person or
organization that provides a public official with food, lodging or travel expenses exceeding $ 50, as described in ORS
244.060 (6), shall notify the public official in writing of the amount of the expense. The notice shall be sent to the public
official within 10 days from the date such expenses are incurred.
HISTORY: 1975 c.543 ~ 11; 1991 c.677 ~ I