2017 ORS 244.130¹
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]

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)

Atty. Gen. Opinions

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

Chapter 244

Notes of Decisions

Statutory scheme of this chapter is not unconstitu­tionally vague. Davidson v. Oregon Govern­ment Ethics Commission, 300 Or 415, 712 P2d 87 (1985)

Atty. Gen. Opinions

Simultaneous membership in church and local governing body as constituting potential conflict of interest, (1981) Vol 41, p 490; contractors that perform services for govern­ment as “public officials” subject to ethics law, (1990) Vol 46, p 350

Law Review Cita­tions

19 WLR 701 (1983)

1 Legislative Counsel Committee, CHAPTER 244—Government Ethics, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors244.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 244, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano244.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.