2017 ORS 244.209¹
Application to establish fund
  • commission review and authorization

(1) A public official may apply to establish a legal expense trust fund by filing an application with the Oregon Government Ethics Commission. The application must contain:

(a) A copy of an executed trust agreement described in subsection (2) of this section;

(b) A sworn affidavit described in subsection (3) of this section signed by the public official; and

(c) A sworn affidavit described in subsection (4) of this section signed by the trustee.

(2) The trust agreement must contain the following:

(a) A provision incorporating by reference the provisions of ORS 244.205 (Legal expense trust fund) to 244.221 (Disposition of moneys in terminated fund); and

(b) A designation of a trustee under ORS 244.211 (Duties of trustee).

(3) The affidavit of the public official must state:

(a) The nature of the legal proceeding that requires establishment of the trust fund;

(b) That the public official will comply with the provisions of ORS 244.205 (Legal expense trust fund) to 244.221 (Disposition of moneys in terminated fund); and

(c) That the public official is responsible for the proper administration of the trust fund.

(4) The affidavit of the trustee must state that the trustee:

(a) Has read and understands ORS 244.205 (Legal expense trust fund) to 244.221 (Disposition of moneys in terminated fund); and

(b) Consents to administer the trust fund in compliance with ORS 244.205 (Legal expense trust fund) to 244.221 (Disposition of moneys in terminated fund).

(5) Upon receiving an application under this section, the commission shall review the trust agreement, the affidavits and any supporting documents or instruments filed to determine whether the application meets the requirements of ORS 244.205 (Legal expense trust fund) to 244.221 (Disposition of moneys in terminated fund). If the commission determines that the application meets the requirements of ORS 244.205 (Legal expense trust fund) to 244.221 (Disposition of moneys in terminated fund), the commission shall grant written authorization to the public official to establish the trust fund.

(6) The commission shall review the quarterly statements required under ORS 244.217 (Statement of contributions received and expenditures made) and shall monitor the activities of each trust fund to ensure continued compliance with ORS 244.205 (Legal expense trust fund) to 244.221 (Disposition of moneys in terminated fund).

(7) Unless subject to the attorney-client privilege, all documents required to be filed relating to the creation and administration of a trust fund are public records subject to disclosure as provided in ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department).

(8) A public official may not establish a legal expense trust fund without receiving prior written authorization of the commission as described in this section.

(9) A public official may file an amendment to a trust agreement approved as part of a trust fund under this section. The commission shall approve the amendment if the commission determines the amendment meets the requirements of ORS 244.205 (Legal expense trust fund) to 244.221 (Disposition of moneys in terminated fund). [2007 c.877 §31; 2009 c.505 §3]

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.