ORS 244.130
Recording of notice of conflict

  • effect of failure to disclose conflict

(1)

When a public official gives notice of an actual or potential conflict of interest, the public body as defined in ORS 174.109 (“Public body” defined) that the public official serves shall record the actual or potential conflict in the official records of the public body. In addition, a notice of the actual or potential conflict and how it was disposed of may in the discretion of the public body be provided to the Oregon Government Ethics Commission within a reasonable period of time.

(2)

A decision or action of any public official or any board or commission on which the public official serves or agency by which the public official is employed may not be voided by any court solely by reason of the failure of the public official to disclose an actual or potential conflict of interest. [1974 c.72 §11; 1975 c.543 §8; 1993 c.743 §16; 2007 c.865 §9]

Source: Section 244.130 — Recording of notice of conflict; effect of failure to disclose conflict, https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html.

Notes of Decisions

Policy of this section does not require members of quasi-judicial bodies, whose positions combine lawmaking with administration that is sometimes executive and sometimes adjudicative, to maintain strict “appearance of impartiality” required of formal judicial bodies, nor does due process requirement of 14th amendment go so far as to disqualify member’s vote solely because of failure to disclose business dealings with proponents of election where there is no indication of actual bias. 1000 Friends of Oregon v. Wasco Co. Court, 304 Or 76, 742 P2d 39 (1987)

Attorney General Opinions

Avoiding disclosure requirements by abstention from voting, (1978) Vol 38, p 1995

244.010
Policy
244.020
Definitions
244.025
Gift limit
244.040
Prohibited use of official position or office
244.042
Honoraria
244.045
Regulation of subsequent employment of public officials
244.047
Financial interest in public contract
244.049
Prohibition on use of moneys to make payments in connection with nondisclosure agreement relating to workplace harassment
244.050
Persons required to file statement of economic interest
244.055
Additional reporting requirements for State Treasury
244.060
Form of statement of economic interest
244.070
Additional statement of economic interest
244.090
Report on association with compensated lobbyist
244.100
Statements of expenses or honoraria provided to public official
244.110
Statements subject to penalty for false swearing
244.115
Filing required for member of Congress or candidate
244.120
Methods of handling conflicts
244.130
Recording of notice of conflict
244.160
Filing of statement of economic interest by public official of political subdivision other than city or county
244.162
Information provided to persons required to file statement of economic interest
244.165
Rules or policies of state agency or association of public bodies
244.175
Definitions for ORS 244.177 and 244.179
244.177
Employment of relative or member of household
244.179
Supervision of relative or member of household
244.205
Legal expense trust fund
244.207
Use of fund proceeds
244.209
Application to establish fund
244.211
Duties of trustee
244.213
Contributions to fund
244.215
Fund account
244.217
Statement of contributions received and expenditures made
244.218
Quarterly filing of statements
244.219
Termination of fund
244.221
Disposition of moneys in terminated fund
244.250
Oregon Government Ethics Commission
244.255
Commission funding
244.260
Complaint and adjudicatory process
244.270
Findings as grounds for removal
244.280
Commission advisory opinions
244.282
Executive director and staff advisory opinions
244.284
Staff advice
244.290
General duties of commission
244.300
Status of records
244.310
Executive director
244.320
Manual on government ethics
244.330
Distribution of manual on government ethics
244.340
Continuing education program
244.345
Oregon Government Ethics Commission Account
244.350
Civil penalties
244.355
Failure to file trading statement
244.360
Additional civil penalty equal to twice amount of financial benefit
244.370
Civil penalty procedure
244.390
Status of penalties and sanctions
244.400
Possibility of attorney fees for person prevailing in contested case
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