2015 ORS 244.250¹
Oregon Government Ethics Commission
  • appointment
  • term
  • quorum
  • compensation
  • legal counsel

(1) The Oregon Government Ethics Commission is established, consisting of nine members. The appointment of a member of the commission is subject to confirmation by the Senate in the manner provided in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation). Members shall be appointed in the following manner:

(a) The Governor shall appoint eight members from among persons recommended, two each by the leadership of the Democratic and Republican parties in each house of the Legislative Assembly. If a person recommended by the leadership of the Democratic or Republican party is not approved by the Governor, the leadership shall recommend another person.

(b) The Governor shall appoint one member without leadership recommendation.

(2) A person who holds any public office listed in ORS 244.050 (Persons required to file statement of economic interest) (1) except as a member of the commission may not be appointed to the commission. No more than three members may be members of the same political party.

(3) The term of office of a member is four years. A member is not eligible to be appointed to more than one full term but may serve out an unexpired term. Vacancies shall be filled by the appointing authority for the unexpired term.

(4) The commission shall elect a chairperson and vice chairperson for such terms and duties as the commission may require.

(5) A quorum consists of five members but a final decision may not be made without an affirmative vote of a majority of the members appointed to the commission.

(6) Members shall be entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions).

(7) The commission may retain or appoint qualified legal counsel who must be a member of the Oregon State Bar and who is responsible to the commission. The appointment of legal counsel under this subsection may be made only when the commission finds it is inappropriate and contrary to the public interest for the office of the Attorney General to represent concurrently more than one public official or agency in any matter before the commission because the representation:

(a) Would create or tend to create a conflict of interest; and

(b) Is not subject to ORS 180.230 (Compensation not allowed state departments for attorney services) or 180.235 (Authority of agency to employ counsel).

(8) The Attorney General may not represent before the commission any state public official who is the subject of any complaint or action of the commission at the commission’s own instigation. [1974 c.72 §12; 1977 c.588 §6; 1987 c.566 §18; 1991 c.770 §3; 1993 c.743 §17; 2007 c.865 §1; 2015 c.619 §1]

Note: The amendments to 244.250 (Oregon Government Ethics Commission) by section 1, chapter 619, Oregon Laws 2015, become operative July 1, 2016. See section 4, chapter 619, Oregon Laws 2015. The text that is operative until July 1, 2016, is set forth for the user’s convenience.

244.250 (Oregon Government Ethics Commission). (1) The Oregon Government Ethics Commission is established, consisting of seven members. The appointment of a member of the commission is subject to confirmation by the Senate in the manner provided in ORS 171.562 (Procedures for confirmation) and 171.565 (Vote required for confirmation). Members shall be appointed in the following manner:

(a) The Governor shall appoint four members from among persons recommended, one each by the leadership of the Democratic and Republican parties in each house of the Legislative Assembly. If a person recommended by the leadership of the Democratic or Republican party is not approved by the Governor, the leadership shall recommend another person.

(b) The Governor shall appoint three members without leadership recommendation. No more than two members appointed under this paragraph may be members of the same major political party.

(2) A person who holds any public office listed in ORS 244.050 (Persons required to file statement of economic interest) (1) except as a member of the commission may not be appointed to the commission. No more than four members may be members of the same political party.

(3) The term of office of a member is four years. A member is not eligible to be appointed to more than one full term but may serve out an unexpired term. Vacancies shall be filled by the appointing authority for the unexpired term.

(4) The commission shall elect a chairperson and vice chairperson for such terms and duties as the commission may require.

(5) A quorum consists of four members but a final decision may not be made without an affirmative vote of a majority of the members appointed to the commission.

(6) Members shall be entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions).

(7) The commission may retain or appoint qualified legal counsel who must be a member of the Oregon State Bar and who is responsible to the commission. The appointment of legal counsel under this subsection may be made only when the commission finds it is inappropriate and contrary to the public interest for the office of the Attorney General to represent concurrently more than one public official or agency in any matter before the commission because the representation:

(a) Would create or tend to create a conflict of interest; and

(b) Is not subject to ORS 180.230 (Compensation not allowed state departments for attorney services) or 180.235 (Authority of agency to employ counsel).

(8) The Attorney General may not represent before the commission any state public official who is the subject of any complaint or action of the commission at the commission’s own instigation.

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 244, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano244.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.