ORS 192.685
Additional enforcement by Oregon Government Ethics Commission
(1)
Intentionally left blank —Ed.(a)
Notwithstanding ORS 192.680 (Enforcement of ORS 192.610 to 192.705), complaints of violations of any provision of ORS 192.610 (Definitions for ORS 192.610 to 192.705) to 192.705 (Filing written grievance) alleged to have been committed by public officials may be made to the Oregon Government Ethics Commission for review and investigation as provided by ORS 244.260 (Complaint and adjudicatory process) and for possible imposition of civil penalties as provided by ORS 244.350 (Civil penalties).(b)
If at any time the commission has reason to believe that there has been a violation of ORS 192.660 (Executive sessions permitted on certain matters), the commission may proceed under this section and as provided by ORS 244.260 (Complaint and adjudicatory process) on its own motion as if the commission had received a complaint.(2)
A complainant may not file a complaint with the commission under this section unless the complainant has complied with the written grievance procedures described in ORS 192.705 (Filing written grievance) and:(a)
Has received a response from the public body that denies that a violation of ORS 192.610 (Definitions for ORS 192.610 to 192.705) to 192.705 (Filing written grievance) occurred;(b)
Has received a response from the public body that admits that a violation of ORS 192.610 (Definitions for ORS 192.610 to 192.705) to 192.705 (Filing written grievance) occurred that the public body has failed to take adequate steps to cure; or(c)
Has not received a response from the public body within the time prescribed for a response under ORS 192.705 (Filing written grievance).(3)
A complainant shall submit documentation of the complainant’s actions taken under ORS 192.705 (Filing written grievance) and the public body’s response as described in subsection (2) of this section, if any. The commission shall dismiss any complaint filed under this section that does not satisfy the requirements of subsection (2) of this section.(4)
If a complaint satisfies the requirements of subsection (2) of this section, the commission may interview witnesses, review minutes and other records and obtain and consider any other information pertaining to meetings of the governing body of a public body for purposes of determining whether a violation of ORS 192.610 (Definitions for ORS 192.610 to 192.705) to 192.705 (Filing written grievance) occurred. Information related to an executive session conducted for a purpose authorized by ORS 192.660 (Executive sessions permitted on certain matters) shall be made available to the Oregon Government Ethics Commission for its investigation but shall be excluded from public disclosure.(5)
If the commission chooses not to pursue a complaint of a violation brought under subsection (1) of this section at any time before conclusion of a contested case hearing, the public official against whom the complaint was brought may be entitled to reimbursement of reasonable costs and attorney fees by the public body to which the official’s governing body has authority to make recommendations or for which the official’s governing body has authority to make decisions. [1993 c.743 §28; 2023 c.68 §2; 2023 c.417 §6]
Source:
Section 192.685 — Additional enforcement by Oregon Government Ethics Commission, https://www.oregonlegislature.gov/bills_laws/ors/ors192.html (accessed May 26, 2025).