Oregon Ethics Law

Some volunteers are public officials. By some estimates, there are up to 50,000 volunteer public officials in the State of Oregon. A volunteer is a “public official” if they meet one of these three criteria: 

1. The volunteer is elected or appointed to a governing body of a public body. 
2. The volunteer is appointed or selected for a position with a governing body or a government agency with responsibilities that include deciding or voting on matters that could have a pecuniary impact on the governing body, agency or other persons. 
3. The volunteer position includes all of the following: 
   1. Responsible for specific duties 
   2. The duties are performed at a scheduled time and designated place. 
   3. Volunteer is provided with the use of the public agency’s resources and equipment. 
   4. The duties performed would have a pecuniary impact on any person, business or organization served by the public agency.

For purposes of ORS Chapter 244, volunteers are not public officials if they perform such tasks as picking up litter on public lands, participating in a scheduled community cleanup of buildings or grounds, participating in locating and eradicating invasive plants from public lands and other such occasional or seasonal events.

No. Public officials who are relatives can be employed by the same public body at the same time, or serve on the same governing body of a public body at the same time. However, there are provisions prohibiting a public official from participating in the appointment, employment, promotion, demotion, firing, or discharge of a relative to/from a paid position as a public official. Another statute prohibits a public official from directly supervising a relative who holds a paid position as a public official.

Yes. ORS 244.025 limits a public official, and relatives and household members of the public official, to each accepting no more than $50 worth of gifts in a calendar year, from each source that has a legislative or administrative interest in the official position of that public official.

However, if the source of the offered gift does not have a legislative or administrative interest in the official position, then the public official and his relatives and household members may accept unlimited gifts from that source. In addition, there a number of items that ORS 244.020(6)(b) excludes from the definition of a gift, and in the specific circumstances listed, those items can be accepted without limit.

As defined earlier, public officials become public officials through employment, appointment, election or volunteering. ORS 244.040(1) prohibits every public official from using or attempting to use the position held as a public official to obtain a financial benefit, if the opportunity for the financial benefit would not otherwise be available but for the position held by the public official.

The prohibited financial benefit can be either an opportunity for gain or to avoid an expense.

Each public official is prohibited from using the position as a public official to receive certain financial benefits. In addition, each public official is prohibited from using or attempting to use the official position to obtain financial benefits for a relative or a member of the public official’s household, or for a business with which the public official, a relative, or a member of the public official’s household is associated.

There are a variety of actions that could be a prohibited use or attempted use of an official position. The use of a position could be voting in a public meeting, placing a signature on a government agency’s document, making a recommendation, making a purchase with government agency funds, or conducting personal business on a government agency’s time or with a government agency’s resources such as computers, vehicles, heavy equipment or office machines.

In brief, a conflict of interest when an official action by the public official could or would result in a financial benefit or detriment to the public official, a relative of the public official or a business with which either is associated.

A matter is a statutory conflict of interest when both of these conditions are met: 

1. The official act will cause a personal monetary gain or monetary loss 
2. The monetary gain or loss will be to the public official, a relative of the public official, or a business with which the public official or the relative is associated.