OAR 199-001-0014
Guidelines on How Multiple Violations Will Be Charged
(1)
When a public official appears to have committed two or more violations by subsequent equivalent actions, the Commission will charge the public official with a single violation and count the repeated actions using the number of the equivalent acts as aggravating factors when imposing any sanction as discussed in (2) of this rule. The following examples are offered to illustrate this rule and not meant to limit its application:(a)
Each personal use of a government agency’s wireless telephone could be a distinct violation of ORS 244.040 (Prohibited use of official position or office)(1). If a public official makes personal calls with the agency’s wireless telephone on two or more occasions, the multiple violations will be combined into the charge of one violation with each additional personal call being counted as an equivalent action.(b)
Each occasion a public official uses the government agency’s equipment (vehicle, tractor, chainsaw, trailer, etc.) for personal purposes could be a distinct violation of ORS 244.040 (Prohibited use of official position or office)(1). If a public official makes personal use of the agency’s equipment on two or more occasions, the multiple violations will be combined into the charge of one violation with each additional personal use of equipment being counted as an equivalent action.(c)
Each occasion a public official uses the government agency’s resources (storage space, fuel, cash or other financial transactions, internet connection, computer, etc.) for personal purposes could be a violation of ORS 244.040 (Prohibited use of official position or office)(1). If a public official makes personal use of the agency’s resources on two or more occasions, the multiple violations will be combined into the charge of one violation with each additional personal use of the resource being counted as an equivalent action.(d)
The source that provides a public official with paid expenses for an event defined in ORS 244.020 (Definitions)(6)(b)(F) or with honorarium defined in 244.020 (Definitions)(7) could violate 244.100 (Statements of expenses or honoraria provided to public official) each time the source fails to provide a written notice to the public official as to the value of the paid expenses. If a source fails to notify two or more public officials, who participated in the same event, the multiple violations will be combined into the charge of one violation with each additional failure to notify being counted as an equivalent action.(e)
Each time a public official is met with a conflict of interest, as defined in ORS 244.020 (Definitions)(1) or (12), and fails to disclose the nature of the conflict the public official could violate 244.120 (Methods of handling conflicts). If a public official, under similar circumstances, fails to disclose the nature of the same conflict of interest on two or more occasions, the multiple violations will be combined into the charge of one violation with each additional failure to disclose the nature being counted as an equivalent action.(2)
When two or more single violations are charged as one violation, each additional violation by this rule will be counted as equivalent acts. Each of the equivalent acts will be identified as an aggravating factor and included in the calculation of any assessment of a civil penalty or forfeiture that would constitute a sanction as setout in OAR 199-001-0015 (Oregon Government Ethics Commission Guidelines on Sanctions).
Source:
Rule 199-001-0014 — Guidelines on How Multiple Violations Will Be Charged, https://secure.sos.state.or.us/oard/view.action?ruleNumber=199-001-0014.