ORS 297.765
Policies and procedures for local government waste hotline

  • confidentiality
  • required reporting

(1)

If a local government body or local service district chooses to establish a local government waste hotline under ORS 297.760 (Establishment of local government waste hotline), the local government body or local service district shall establish written policies and procedures for logging all reports of waste, inefficiency or abuse received through the hotline or received through any other method.

(2)

Except as provided in subsection (5) or (6) of this section, the identity of any person calling the hotline or otherwise making a report under ORS 297.760 (Establishment of local government waste hotline) is confidential. A person making a report under ORS 297.760 (Establishment of local government waste hotline) may waive the confidentiality otherwise granted under this subsection.

(3)

The local government body or local service district shall conduct an initial investigation of each report of waste, inefficiency or abuse made under ORS 297.760 (Establishment of local government waste hotline), following the written policies and procedures established under subsection (1) of this section. The local government body or local service district may audit any agency of the local government body or local service district if it appears that officers or employees of the agency, or persons under contract with the agency, are engaging in activities that constitute waste, inefficiency or abuse.

(4)

An investigation of a report of waste, inefficiency or abuse received under ORS 297.760 (Establishment of local government waste hotline) is confidential unless the local government body or local service district finds that waste, inefficiency or abuse has occurred and reports these determinations as provided under subsection (5) or (6) of this section. If the local government body or local service district finds that waste, inefficiency or abuse has occurred, the investigation and any determinations made are confidential until the investigation described in subsection (3) of this section is complete.

(5)

Notwithstanding subsections (2) and (4) of this section:

(a)

If the local government body or local service district determines during the investigation that a violation of any provision of ORS chapter 244 may be occurring or may have occurred, the local government body or local service district shall notify the Oregon Government Ethics Commission of the potential violation; and

(b)

If the local government body or local service district determines during the investigation that fraud or other criminal activity may be occurring or may have occurred, the local government body or local service district shall notify the appropriate law enforcement agency of the potential fraud or other criminal activity.

(6)

Subject to the confidentiality requirements of subsections (2) and (4) of this section, upon completion of an investigation under this section:

(a)

The local government body or local service district shall determine in writing whether officers or employees of the local government body or local service district, or persons under contract with the local government body or local service district, are engaging in activities that constitute waste, inefficiency or abuse. The written determination may include other information about the nature of the investigation or the local government body’s or local service district’s determination.

(b)

If the local government body or local service district finds that waste, inefficiency or abuse has occurred, upon request of the person who made the report under ORS 297.760 (Establishment of local government waste hotline), the local government body or local service district shall provide the person with a copy of the determination and any other information included by the local government body or local service district.

(c)

If the local government body or local service district determines that officers or employees of the local government body or local service district, or persons under contract with the local government body or local service district, are involved in activities that constitute waste, inefficiency or abuse, the local government body or local service district shall notify the governing body of the local government body or local service district of the determination and deliver a copy of the local government body’s or local service district’s findings to the governing body.

(7)

A written determination prepared under this section is a public record. Following the completion of an investigation, all documents, information or other records relating to the investigation are disclosable public records under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) unless an exemption from disclosure set forth in a provision of law other than this section applies to the records, except that the identity of the person making the report under ORS 297.760 (Establishment of local government waste hotline) shall remain confidential. [2011 c.221 §3]
Note: See note under 297.760 (Establishment of local government waste hotline).

Source: Section 297.765 — Policies and procedures for local government waste hotline; confidentiality; required reporting, https://www.­oregonlegislature.­gov/bills_laws/ors/ors297.­html.

297.010
Division of Audits
297.020
Functions and duties of Division of Audits
297.030
Audits, reviews and investigations
297.040
Payment of costs and expenses of audits authorized by ORS 297.030
297.050
Supply of audit reports to Joint Legislative Audit Committee and Legislative Fiscal Officer
297.060
Confidentiality of tax records
297.065
Oversight of performance audits and evaluation by Joint Legislative Audit Committee
297.070
Performance audits
297.076
Audit plans
297.100
Audit information in Governor’s budget
297.103
Audit information in Secretary of State budget
297.110
Definitions for ORS 297.120
297.120
Division of Audits investigation of state agency loss of public funds or property
297.210
Audits of accounts of state agencies and state-aided institutions and agencies
297.230
Estimate and payment of costs and expenses of audits
297.250
Filing of risk assessment or audit by state agency with Division of Audits
297.300
Audit of records related to certain charges paid to nongovernmental entity
297.405
Definitions for ORS 297.020, 297.230, 297.405 to 297.740 and 297.990
297.415
Periodic financial reports required
297.425
Annual audits required
297.435
Exemption from audit
297.445
Petition to audit municipal corporation exempt under ORS 297.435
297.455
Audits by federal government
297.459
Furnishing county audit reports to Department of Revenue
297.465
Standards for audits
297.466
Auditor statement required
297.471
Secretary of State to prepare summary report
297.475
Cancellation of request for Secretary of State assistance
297.485
Filing fees
297.495
Extraordinary costs
297.505
Rules
297.515
County audits include justice courts and law enforcement agencies and officers
297.525
Annual audit of county road work
297.527
City utilities separate municipal corporations
297.530
Subpoena authority of Secretary of State
297.535
Division of Audits Account
297.545
Disposition of Municipal Audit Law filing fees
297.555
Short title
297.670
Board of Accountancy to prepare and maintain roster
297.680
Rules for establishing and maintaining roster
297.701
Persons on roster on August 5, 1959
297.710
Removal of accountant from roster
297.720
Biennial fee of accountants included on roster
297.730
Disposition of fees of board
297.740
Rules of board
297.760
Establishment of local government waste hotline
297.765
Policies and procedures for local government waste hotline
297.990
Penalties
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