Read the full stored bill text
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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 3945
Sponsored by Representative WALLAN
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act makes changes to the OGEC’s duties and number of members. The Act states
whether some situations may be ethics violations. The Act allows local government officials to vote
on changes to pay and stipends. (Flesch Readability Score: 63.0).
Limits duties of the Oregon Government Ethics Commission in conducting investigations, mak-
ing findings and imposing penalties regarding violations of quorum requirements in public meetings
law to intentional violations. Provides that the use of serial electronic written communication
among members of a governing body within a 30-day period may constitute a meeting of a governing
body subject to public meetings law if other specified conditions are satisfied. Exempts from the
prohibition on the use of official positions or office to obtain financial gain or avoid financial det-
riment any legal expenses incurred by a public official or governmental agency for specified pur-
poses. Permits local government officials to vote on matters related to official compensation.
Increases the size of the commission to 11 members and requires the Governor to appoint two
practicing attorneys to the commission.
A BILL FOR AN ACT
Relating to the Oregon Government Ethics Commission; amending ORS 192.610, 192.685, 244.040,
244.250, 244.260, 244.270, 244.290 and 244.350.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 192.610 is amended to read:
192.610. As used in ORS 192.610 to 192.705:
(1) “Convening” means:
(a) Gathering in a physical location;
(b) Using electronic, video or telephonic technology to be able to communicate
contemporaneously among participants;
(c) Using serial electronic written communication among participants within a 30-day period ;
or
(d) Using an intermediary to communicate among participants.
(2) “Decision” means any determination, action, vote or final disposition upon a motion, pro-
posal, resolution, order, ordinance or measure on which a vote of a governing body is required, at
any meeting at which a quorum is present.
(3) “Deliberation” means discussion or communication that is part of a decision-making process.
(4) “Executive session” means any meeting or part of a meeting of a governing body which is
closed to certain persons for deliberation on certain matters.
(5) “Governing body” means the members of any public body which consists of two or more
members, with the authority to make decisions for or recommendations to a public body on policy
or administration.
(6) “Public body” means the state, any regional council, county, city or district, or any municipal
or public corporation, or any board, department, commission, council, bureau, committee or sub-
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 4634
HB 3945
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committee or advisory group or any other agency thereof.
(7)(a) “Meeting” means the convening of a governing body of a public body for which a quorum
is required in order to make a decision or to deliberate toward a decision on any matter.
(b) “Meeting” does not include any on-site inspection of any project or program or the attend-
ance of members of a governing body at any national, regional or state association to which the
public body or the members belong.
SECTION 2.
ORS 192.685 is amended to read:
192.685. (1)(a) Notwithstanding ORS 192.680, complaints of violations of any provision of ORS
192.610 to 192.705 alleged to have been committed by public officials may be made to the Oregon
Government Ethics Commission for review and investigation as provided by ORS 244.260 and for
possible imposition of civil penalties as provided by ORS 244.350 , except that a complaint of a
violation of ORS 192.630 may be made only if the complaint alleges that the violation of ORS
192.630 was intentional.
(b) If at any time the commission has reason to believe that there has been a violation of ORS
192.660, the commission may proceed under this section and as provided by ORS 244.260 on its own
motion as if the commission had received a complaint.
(2) A complainant may not file a complaint with the commission under this section unless the
complainant has complied with the written grievance procedures described in ORS 192.705 and:
(a) Has received a response from the public body that denies that a violation of ORS 192.610 to
192.705 occurred;
(b) Has received a response from the public body that admits that a violation of ORS 192.610 to
192.705 occurred that the public body has failed to take adequate steps to cure; or
(c) Has not received a response from the public body within the time prescribed for a response
under ORS 192.705.
(3) A complainant shall submit documentation of the complainant’s actions taken under ORS
192.705 and the public body’s response as described in subsection (2) of this section, if any. The
commission shall dismiss any complaint filed under this section that does not satisfy the require-
ments of subsection (2) of this section.
(4) If a complaint satisfies the requirements of subsection (2) of this section, the commission may
interview witnesses, review minutes and other records and obtain and consider any other informa-
tion pertaining to meetings of the governing body of a public body for purposes of determining
whether a violation of ORS 192.610 to 192.705 occurred and, if a violation of ORS 192.630 oc-
curred, whether ORS 192.630 was violated with intentional disregard of the law or willful
misconduct. Information related to an executive session conducted for a purpose authorized by ORS
192.660 shall be made available to the Oregon Government Ethics Commission for its investigation
but shall be excluded from public disclosure.
(5) If the commission chooses not to pursue a complaint of a violation brought under subsection
(1) of this section at any time before conclusion of a contested case hearing, the public official
against whom the complaint was brought may be entitled to reimbursement of reasonable costs and
attorney fees by the public body to which the official’s governing body has authority to make rec-
ommendations or for which the official’s governing body has authority to make decisions.
SECTION 3. ORS 244.040 is amended to read:
244.040. (1) Except as provided in subsection (2) of this section, a public official may not use or
attempt to use official position or office to obtain financial gain or avoidance of financial detriment
for the public official, a relative or member of the household of the public official, or any business
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with which the public official or a relative or member of the household of the public official is as-
sociated, if the financial gain or avoidance of financial detriment would not otherwise be available
but for the public official’s holding of the official position or office.
(2) Subsection (1) of this section does not apply to:
(a) Any part of an official compensation package as determined by the public body that the
public official serves.
(b) The receipt by a public official or a relative or member of the household of the public official
of an honorarium or any other item allowed under ORS 244.042.
(c) Reimbursement of expenses.
(d) An unsolicited award for professional achievement.
(e) Gifts that do not exceed the limits specified in ORS 244.025 received by a public official or
a relative or member of the household of the public official from a source that could reasonably be
known to have a legislative or administrative interest.
(f) Gifts received by a public official or a relative or member of the household of the public of-
ficial from a source that could not reasonably be known to have a legislative or administrative in-
terest.
(g) The receipt by a public official or a relative or member of the household of the public official
of any item, regardless of value, that is expressly excluded from the definition of “gift” in ORS
244.020.
(h) Contributions made to a legal expense trust fund established under ORS 244.209 for the
benefit of the public official.
(i) Legal expenses incurred by a governmental agency in providing legal advice to a public
official who serves or is employed by the agency, when the expenses are incurred for the
purpose of ensuring the public official’s compliance with any state, federal or local law cre-
ating an obligation on the person acting in their capacity as a public official.
(j) Legal expenses incurred by a governmental agency in providing legal advice or repre-
sentation to a public official who serves or is employed by the agency, when the expenses
are incurred for the purpose of defending the public official in a proceeding or investigation
brought or maintained by the Oregon Government Ethics Commission and provided that the
action serving as the basis for the proceeding or investigation was a good faith action taken
by the public official in compliance with legal advice provided by the agency.
(k) Legal expenses incurred by a governmental agency in providing legal advice or rep-
resentation to a public official who serves or is employed by the agency, when the expenses
are incurred in connection with the issuance of a court’s stalking protective order under
ORS 30.866 or 163.738 and provided that the conduct serving as the basis for the order relates
to or arises from the course and scope of duties of the person as a public official and inter-
feres with the operation of the agency.
(L) Legal expenses incurred by a public official when directed, by vote of the governing
body of the governmental agency that the public official serves or is employed by, to obtain
legal advice or representation in connection with any civil, criminal or other legal proceeding
or investigation that relates to or arises from the course and scope of duties of the person
as a public official.
(m) A vote made by a local government official, acting in their capacity as a local gov-
ernment official, to approve a stipend, salary or official compensation, provided that the vote
is for the purpose of approving a budget in compliance with ORS chapter 294 or is made in
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a public meeting that complies with the requirements of ORS 192.610 to 192.705.
(3) A public official may not solicit or receive, either directly or indirectly, and a person may
not offer or give to any public official any pledge or promise of future employment, based on any
understanding that the vote, official action or judgment of the public official would be influenced
by the pledge or promise.
(4) A public official may not 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 holding position
as a public official or activities of the public official.
(5) A former public official may not attempt to further or further the personal gain of any person
through the use of confidential information gained in the course of or by reason of holding position
as a public official or the activities of the person as a public official.
(6) A person may not 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, business partner or other associate.
(7) A current or former public official may not solicit, receive or use public moneys from a
public body, as defined in ORS 174.109, to pay or make payments on a civil penalty imposed on the
current or former public official by the Oregon Government Ethics Commission in accordance with
ORS 171.992 or 244.350.
(8) The provisions of this section apply regardless of whether actual conflicts of interest or po-
tential conflicts of interest are announced or disclosed under ORS 244.120.
(9) As used in this section, “local government official” has the meaning given that term
in ORS 294.805.
SECTION 4.
ORS 244.250 is amended to read:
244.250. (1) The Oregon Government Ethics Commission is established, consisting of [ nine] 11
members. The appointment of a member of the commission is subject to confirmation by the Senate
in the manner provided in ORS 171.562 and 171.565. Members shall be appointed in the following
manner:
(a) The Governor shall appoint eight members from among persons recommended, two each by
the leadership of the Democratic and Republican parties in each house of the Legislative Assembly.
If a person recommended by the leadership of the Democratic or Republican party is not approved
by the Governor, the leadership shall recommend another person.
(b) The Governor shall appoint one member without leadership recommendation.
(c) The Governor shall appoint two regularly licensed and practicing attorneys of this
state from among persons jointly recommended by the League of Oregon Cities, Association
of Oregon Counties, Oregon School Boards Association and Special Districts Association of
Oregon. If a person recommended under this paragraph is not approved by the Governor, the
League of Oregon Cities, Association of Oregon Counties, Oregon School Boards Association
and Special Districts Association of Oregon shall jointly recommend another person.
(2) A person who holds any public office listed in ORS 244.050 (1) except as a member of the
commission may not be appointed to the commission. No more than [ three] four members may be
members of the same political party.
(3) The term of office of a member is four years. A member is not eligible to be appointed to
more than two full terms but may additionally serve out an unexpired term. Vacancies shall be filled
by the appointing authority for the unexpired term.
(4) The commission shall elect a chairperson and vice chairperson for such terms and duties as
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the commission may require.
(5) A quorum consists of [ five] six members but a final decision may not be made without an
affirmative vote of a majority of the members appointed to the commission.
(6) Members shall be entitled to compensation and expenses as provided in ORS 292.495.
(7) The commission may retain or appoint qualified legal counsel who must be a member of the
Oregon State Bar and who is responsible to the commission. The appointment of legal counsel under
this subsection may be made only when the commission finds it is inappropriate and contrary to the
public interest for the office of the Attorney General to represent concurrently more than one public
official or agency in any matter before the commission because the representation:
(a) Would create or tend to create a conflict of interest; and
(b) Is not subject to ORS 180.230 or 180.235.
(8) The Attorney General may not represent before the commission any state public official who
is the subject of any complaint or action of the commission at the commission’s own instigation.
SECTION 5.
ORS 244.260 is amended to read:
244.260. (1)(a) Any person may file with the Oregon Government Ethics Commission a signed or
electronically signed written complaint alleging that there has been a violation of either:
(A) Any provision of this chapter or of any rule adopted by the commission under this chapter.
The complaint shall state the person’s reason for believing that a violation occurred and include any
evidence relating to the alleged violation.
(B) ORS 192.610 to 192.705, except that a complaint of a violation of ORS 192.630 may be
made only if the complaint alleges that the violation of ORS 192.630 was intentional . The
complaint shall state the particulars of meetings of a governing body that were not in compliance
with ORS 192.610 to 192.705 and shall state the person’s reason for believing that a violation oc-
curred. The person shall include any evidence relating to the alleged violation with the complaint.
(b) If at any time the commission has reason to believe that there has been a violation of a
provision of this chapter or ORS 192.660 or a rule adopted by the commission under this chapter,
the commission may proceed under this section on its own motion as if the commission had received
a complaint.
(2)(a) Not later than two business days after receiving a complaint under this section, the com-
mission shall notify the person who is the subject of the complaint.
(b) Before approving a motion to proceed under this section without a complaint, the commission
shall provide notice to the person believed to have committed the violation of the time and place
of the hearing at which the motion will be discussed. If the commission decides to proceed on its
own motion, the commission shall give notice to the person not later than two business days after
the motion is approved.
(c) The commission shall give notice of the complaint or motion under paragraph (a) or (b) of
this subsection. The notice must describe the nature of the alleged violation. The notice must in-
clude copies of all materials submitted with a complaint. If the commission will consider a motion
to proceed without a complaint, the notice must provide copies of all materials that the commission
will consider at the hearing on the motion.
(d) Information that the commission considers before approving a motion to proceed on its own
motion under this section and any correspondence regarding the motion or potential violation is
confidential. The executive director of the commission and the commission members and staff may
not make any public comment or publicly disclose any materials relating to the motion pending the
commission’s approval to proceed. A person who intentionally violates this paragraph is subject to
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a civil penalty in an amount not to exceed $1,000. Any person aggrieved as a result of a violation
of this paragraph by the executive director or a member of the commission or its staff may file a
petition in a court of competent jurisdiction in the county in which the petitioner resides in order
to enforce the civil penalty provided in this paragraph.
(3) After the commission receives a complaint or decides to proceed on its own motion, the
executive director of the commission shall undertake action in the Preliminary Review Phase to
determine whether there is cause to undertake an investigation. If the person who is the subject
of the action is a member of the Legislative Assembly, the executive director shall determine
whether the alleged violation involves conduct protected by Article IV, section 9, of the Oregon
Constitution.
(4)(a) The Preliminary Review Phase begins on the date the complaint is filed or the date the
commission decides to proceed on its own motion and ends on the date the executive director com-
pletes the statement of the facts determined during the phase under paragraph (d) of this subsection.
The Preliminary Review Phase may not exceed 60 days unless a complaint is filed under this section
with respect to a person who is a candidate for elective public office, the complaint is filed within
61 days before the date of an election at which the person is a candidate for nomination or election
and a delay is requested in writing by the candidate. If the candidate makes a request under this
paragraph, the Preliminary Review Phase must be completed not later than 60 days after the date
of the election.
(b) During the Preliminary Review Phase, the executive director of the commission may seek,
solicit or otherwise obtain any books, papers, records, memoranda or other additional information,
administer oaths and take depositions necessary to determine whether there is cause to undertake
an investigation or whether the alleged violation involves conduct protected by Article IV, section
9, of the Oregon Constitution.
(c) The Preliminary Review Phase is confidential. The executive director of the commission and
any commission members and staff may acknowledge receipt of a complaint but may not make any
public comment or publicly disclose any materials relating to a case during the Preliminary Review
Phase. A person who intentionally violates this paragraph is subject to a civil penalty in an amount
not to exceed $1,000. Any person aggrieved as a result of a violation of this paragraph by the
executive director or a member of the commission or its staff may file a petition in a court of com-
petent jurisdiction in the county in which the petitioner resides in order to enforce the civil penalty
provided in this paragraph.
(d)(A) At the end of the Preliminary Review Phase, the executive director of the commission
shall prepare a statement of the facts determined during the phase, including appropriate legal ci-
tations and relevant authorities. Before presentation to the commission, the executive director’s
statement shall be reviewed by legal counsel to the commission.
(B) Following the conclusion of the Preliminary Review Phase, the executive director of the
commission shall attend an executive session of the commission where the executive director shall
present the statement of the facts and summarize the results of the Preliminary Review Phase to the
commission and recommend to the commission whether there is cause to undertake an investigation
or whether the commission should instead dismiss the complaint or rescind its motion.
(C) At the executive session, the commission shall consider the recommendation of the executive
director and make the final determination as to whether there is cause to undertake an investigation
or whether the commission should instead dismiss the complaint or rescind its motion.
(D) All case related materials and proceedings shall be open to the public after the commission
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makes a finding of cause to undertake an investigation, dismisses a complaint or rescinds a motion.
(e) The time limit imposed in this subsection and the commission’s inquiry are suspended if a
court has enjoined the executive director or the commission from continuing the inquiry.
(5)(a) If the commission determines that there is not cause to undertake an investigation or that
the alleged violation of this chapter involves conduct protected by Article IV, section 9, of the
Oregon Constitution, the commission shall dismiss the complaint or rescind its motion and formally
enter the dismissal or rescission in its records. If the commission considers the recommendation of
the executive director in an executive session but the commission does not affirmatively vote to
undertake an investigation, dismiss the complaint or rescind its motion, the nonaction taken by the
commission shall be considered a dismissal of the complaint or a rescission of its motion. The com-
mission shall notify the person who is the subject of action under this section of the dismissal or
rescission. After dismissal or rescission, the commission may not take further action involving the
person unless a new and different complaint is filed or action on the commission’s own motion is
undertaken based on different conduct.
(b) If the commission makes a finding of cause to undertake an investigation, the commission
shall undertake action in the Investigatory Phase. The commission shall notify the person who is the
subject of the investigation, identify the issues to be examined and confine the investigation to those
issues. If the commission finds reason to expand the investigation, the commission shall move to do
so, record in its minutes the issues to be examined before expanding the scope of its investigation
and formally notify the complainant, if any, and the person who is the subject of the investigation
of the expansion and the scope of the investigation.
(6)(a) The Investigatory Phase begins on the date the commission makes a finding of cause to
undertake an investigation and ends on the date the commission dismisses the complaint, rescinds
its own motion, issues a settlement order, moves to commence a contested case proceeding or takes
other action justified by the findings. Except as provided in this subsection, the Investigatory Phase
may not exceed 180 days unless a delay is stipulated to by both the person who is the subject of
action under this section and the commission with the commission reserving a portion of the delay
period to complete its actions.
(b) During the Investigatory Phase, the commission may seek any additional information, ad-
minister oaths, take depositions and issue subpoenas to compel attendance of witnesses and the
production of books, papers, records, memoranda or other information necessary to complete the
investigation. If any person fails to comply with any subpoena issued under this paragraph or refuses
to testify on any matters on which the person may be lawfully interrogated, the commission shall
follow the procedure described in ORS 183.440 to compel compliance.
(c) The time limit imposed in this subsection and the commission’s investigation:
(A) May be suspended if there is a pending criminal investigation that relates to the issues
arising out of the underlying facts or conduct at issue in the matter before the commission and the
commission determines that it cannot adequately complete its investigation until the pending crimi-
nal investigation is complete;
(B) May be suspended if a suit is commenced under ORS 192.680 concerning the same meetings
of a governing body that are the subject of the investigation by the commission, until a final adju-
dication of the suit has been made; or
(C) Are suspended if a court has enjoined the commission from continuing its investigation.
(d) At the end of the Investigatory Phase, the commission shall take action by order. The action
may include:
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(A) Dismissal, with or without comment;
(B) Continuation of the investigation for a period not to exceed 30 days for the purpose of ad-
ditional fact-finding;
(C) Moving to a contested case proceeding;
(D) Entering into a negotiated settlement; or
(E) Taking other appropriate action if justified by the findings.
(e) The commission may move to a contested case proceeding if the commission determines that
the information presented to the commission is sufficient to make a preliminary finding of:
(A) A violation of any provision of this chapter or of any rule adopted by the commission under
this chapter; or
(B) A violation of any provision of ORS 192.610 to 192.705 , excluding a violation of ORS
192.630 for which the commission determines that there is sufficient information to find that
the violation was not committed with intentional disregard of the law or willful misconduct .
(7) A person conducting any inquiry or investigation under this section shall:
(a) Conduct the inquiry or investigation in an impartial and objective manner; and
(b) Provide to the executive director or the commission all favorable and unfavorable informa-
tion the person collects.
(8) The commission shall report the findings of any inquiry or investigation in an impartial
manner. The commission shall report both favorable and unfavorable findings and shall make the
findings available to:
(a) The person who is the subject of the inquiry or investigation;
(b) The appointing authority, if any;
(c) The Attorney General, if the findings relate to a state public official;
(d) The appropriate district attorney, if the findings relate to a local public official;
(e) The Commission on Judicial Fitness and Disability, if the findings relate to a judge; and
(f) The governing body of a public body, if the inquiry or investigation concerns an alleged vi-
olation of ORS 192.610 to 192.705 and the person who is the subject of the inquiry or investigation
is a member of that governing body.
(9) Hearings conducted under this chapter must be held before an administrative law judge as-
signed from the Office of Administrative Hearings established under ORS 183.605. The procedure
shall be that for a contested case under ORS chapter 183.
(10) The Oregon Government Ethics Commission may not inquire into or investigate any conduct
that occurred more than four years before a complaint is filed or a motion is approved under sub-
section (1) of this section.
(11) This section does not prevent the commission and the person alleged to have violated any
provision of this chapter or ORS 192.660 or any rule adopted by the commission under this chapter
from stipulating to a finding of fact concerning the violation and consenting to an appropriate pen-
alty. The commission shall enter an order based on the stipulation and consent.
(12) At any time during proceedings conducted under this section, the commission may enter
into a negotiated settlement with the person who is the subject of action under this section.
(13) As used in this section:
(a) “Cause” means that there is 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 com-
mitted the offense or violation.
(b) “Governing body” has the meaning given that term in ORS 192.610.
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(c) “Pending” means that a prosecuting attorney is either actively investigating the factual basis
of the alleged criminal conduct, is preparing to seek or is seeking an accusatory instrument, has
obtained an accusatory instrument and is proceeding to trial or is in trial or in the process of ne-
gotiating a plea.
SECTION 6.
ORS 244.270 is amended to read:
244.270. (1) If the Oregon Government Ethics Commission finds that an appointed public official
has violated any provision of this chapter or any rule adopted under this chapter, or has violated
any provision of ORS 192.610 to 192.705 with intentional disregard of the law or willful misconduct,
the finding is prima facie evidence of unfitness where removal is authorized for cause either by law
or pursuant to section 6, Article VII (Amended) of the Oregon Constitution.
(2) If the commission finds that a public official has violated any provision of this chapter or
any rule adopted under this chapter, or has violated any provision of ORS 192.610 to 192.705, ex-
cluding any violation of ORS 192.630 that the commission finds was not committed with in-
tentional disregard of the law or willful misconduct, the commission shall notify the public body,
as defined in ORS 174.109, that the public official serves. The notice shall describe the violation and
any action taken by the commission. The commission shall provide the notice not later than 10
business days after the date the commission takes final action against the public official.
SECTION 7. ORS 244.290 is amended to read:
244.290. (1) The Oregon Government Ethics Commission shall:
(a) Prescribe forms for statements required by this chapter and provide the forms to persons
required to file the statements under this chapter or pursuant to a resolution adopted under ORS
244.160.
(b) Develop a filing, coding and cross-indexing system consistent with the purposes of this
chapter.
(c) Prepare and publish reports the commission finds are necessary.
(d) Accept and file any information voluntarily supplied that exceeds the requirements of this
chapter.
(e) Make statements and other information filed with the commission available for public in-
spection and copying during regular office hours, and make copying facilities available at a charge
not to exceed actual cost.
(f) Not later than February 1 of each odd-numbered year, report to the Legislative Assembly any
recommended changes to provisions of ORS 171.725 to 171.785 or this chapter.
(2) The commission shall adopt rules necessary to carry out its duties under ORS 171.725 to
171.785, 171.992 and 192.610 to 192.705 and this chapter, including rules to:
(a) Create a procedure under which items before the commission may be treated under a consent
calendar and voted on as a single item;
(b) Exempt a public official who is otherwise required to file a statement pursuant to ORS
244.050 from filing the statement if the regularity, number and frequency of the meetings and actions
of the body over which the public official has jurisdiction are so few or infrequent as not to warrant
the public disclosure;
(c) Establish an administrative process whereby a person subpoenaed by the commission may
obtain a protective order;
(d) List criteria and establish a process for the commission to use prosecutorial discretion to
decide whether to proceed with an inquiry or investigation;
(e) Establish a procedure under which the commission shall conduct accuracy audits of a sample
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of reports or statements filed with the commission under this chapter or ORS 171.725 to 171.785;
(f) Describe the application of provisions exempting items from the definition of “gift” in ORS
244.020;
(g) Specify when a continuing violation is considered a single violation or a separate and dis-
tinct violation for each day the violation occurs; and
(h) Set criteria for determining the amount of civil penalties that the commission may impose.
(3) The commission may adopt rules that:
(a) Limit the minimum size of, or otherwise establish criteria for or identify, the smaller classes
that qualify under the class exception from the definition of “potential conflict of interest” under
ORS 244.020;
(b) Require the disclosure and reporting of gifts or other compensation made to or received by
a public official or candidate;
(c) Establish criteria for cases in which information relating to notices of actual or potential
conflicts of interest shall, may not or may be provided to the commission under ORS 244.130; or
(d) Allow the commission to accept the filing of a statement containing less than all of the in-
formation required under ORS 244.060 and 244.070 if the public official or candidate certifies on the
statement that the information contained on the statement previously filed is unchanged or certifies
only as to any changed material.
(4) Not less frequently than once each calendar year, the commission shall:
(a) Consider adoption of rules the commission deems necessary to implement or interpret pro-
visions of this chapter relating to issues the commission determines are of general interest to public
officials or candidates or that are addressed by the commission or by commission staff on a recur-
ring basis; and
(b) Review rules previously adopted by the commission to determine whether the rules have
continuing applicability or whether the rules should be amended or repealed.
(5) The commission shall adopt by rule an electronic filing system under which statements re-
quired to be filed under ORS 244.050 and 244.217 must be filed, without a fee, with the commission
in an electronic format.
(6) The commission shall make available in a searchable format for review by the public using
the Internet:
(a) Statements filed under ORS 244.050 and 244.217;
(b) Advisory opinions issued by the commission or the executive director of the commission;
(c) Findings issued by the commission under ORS 244.260 in instances where the commission
determines that there has been a violation of a provision of this chapter or ORS 192.660 or any rule
adopted by the commission under this chapter or an intentional violation of ORS 192.630. Nothing
in this paragraph requires the commission to make publicly available materials that are otherwise
exempt from public disclosure or that are required to be kept confidential by the commission; and
(d) Lobbyist registration statements and revisions and updates to lobbyist registration state-
ments filed under ORS 171.740. The information required under this paragraph must be available in
a searchable format for review by the public using the Internet not later than one calendar day after
the lobbyist files the information with the commission.
SECTION 8.
ORS 244.350 is amended to read:
244.350. (1) The Oregon Government Ethics Commission may impose civil penalties not to ex-
ceed:
(a) Except as provided in paragraphs (b), (c) and (d) of this subsection, $5,000 for violation of
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any provision of this chapter or any resolution adopted under ORS 244.160.
(b) $25,000 for violation of ORS 244.045.
(c) $10,000 for willfully violating ORS 244.040.
(d) Two times the amount of the penalty provision for violating a nondisclosure agreement that
is contained within each nondisclosure agreement entered into in violation of ORS 244.049.
(2)(a) Except as provided in [ paragraph (b) ] paragraphs (b) and (c) of this subsection, the
commission may impose civil penalties not to exceed $1,000 for violation of any provision of ORS
192.610 to 192.705.
(b) A civil penalty may not be imposed under this subsection if the violation occurred as a result
of the governing body of the public body acting upon the advice of the public body’s counsel.
(c) A civil penalty may not be imposed under this subsection for a violation of ORS
192.630 found by the commission not to have been committed with intentional disregard of
the law or willful misconduct.
(3) The commission may impose civil penalties not to exceed $250 for violation of ORS 293.708.
A civil penalty imposed under this subsection is in addition to and not in lieu of a civil penalty that
may be imposed under subsection (1) of this section.
(4)(a) The commission may impose civil penalties on a person who fails to file the statement
required under ORS 244.050 or 244.217. In enforcing this subsection, the commission is not required
to follow the procedures in ORS 244.260 before finding that a violation of ORS 244.050 or 244.217
has occurred.
(b) Failure to file the required statement in timely fashion is prima facie evidence of a violation
of ORS 244.050 or 244.217.
(c) The commission may impose a civil penalty of $10 for each of the first 14 days the statement
is late beyond the date set by law, or by the commission under ORS 244.050, and $50 for each day
thereafter. The maximum penalty that may be imposed under this subsection is $5,000.
(5) In lieu of or in conjunction with finding a violation of law or any resolution or imposing a
civil penalty under this section, the commission may issue a written letter of reprimand, explanation
or education.
(6)(a) A civil penalty imposed under this section for a violation of ORS 192.610 to 192.705 is a
personal liability of each member of the governing body on whom the penalty is imposed and may
not be paid for or indemnified by the governing body or public body that the member is associated
with.
(b) As used in this subsection, “governing body” and “public body” have the meanings given
those terms in ORS 192.610.
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