2017 ORS 244.165¹
Rules or policies of state agency or association of public bodies
  • commission approval
  • effect

(1) For the purpose of protecting against violations of the provisions of this chapter, a state agency, as defined in ORS 183.750 (State agency required to prepare public writings in readable form), or a statewide association of public bodies, as defined in ORS 174.109 (“Public body” defined), may adopt rules or policies interpreting the provisions of this chapter. The rules or policies must be consistent with the provisions of this chapter. A state agency or a statewide association of public bodies may submit rules or policies adopted under this subsection to the Oregon Government Ethics Commission for review.

(2) Upon receiving rules or policies submitted under subsection (1) of this section, the commission shall review the rules and policies to determine whether the rules and policies are consistent with the provisions of this chapter. The commission, by a vote of a majority of the members of the commission, shall approve or reject the rules or policies. The commission shall notify the state agency or statewide association of public bodies in writing of the commission’s approval or rejection. A written notice of rejection shall explain the reasons for the rejection.

(3) Unless the applicable rule or policy is amended or repealed by the state agency or the statewide association of public bodies, the commission may not impose a penalty under ORS 244.350 (Civil penalties) or 244.360 (Additional civil penalty equal to twice amount of financial benefit) on a public official for any good faith action the official takes in compliance with a rule or policy that was adopted by the state agency that the official serves, or by a statewide association of which the public body that the official serves is a member, and approved by the commission under subsection (2) of this section. [2007 c.865 §5; 2007 c.877 §39b]

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.