ORS 244.040
Prohibited use of official position or office

exceptions
other prohibited actions

Text
Annotations 6

Mentioned in

Curry County Moves Forward With Puppy Mill Ordinance Following Comment-Free Public Hearing

Wild Rivers Outpost, August 18, 2023

“‘There is no nexus between this ordinance and the South Coast Humane Society,’ Alcorn said, acknowledging that his wife, Jenifer Alcorn, is the organization’s executive director.”

Bibliographic info

(1)

Except as provided in subsection (2) of this section, a public official may not use or attempt to use official position or office to obtain financial gain or avoidance of financial detriment for the public official, a relative or member of the household of the public official, or any business with which the public official or a relative or member of the household of the public official is associated, if the financial gain or avoidance of financial detriment would not otherwise be available but for the public official’s holding of the official position or office.

(2)

Subsection (1) of this section does not apply to:

(a)

Any part of an official compensation package as determined by the public body that the public official serves.

(b)

The receipt by a public official or a relative or member of the household of the public official of an honorarium or any other item allowed under ORS 244.042 (Honoraria).

(c)

Reimbursement of expenses.

(d)

An unsolicited award for professional achievement.

(e)

Gifts that do not exceed the limits specified in ORS 244.025 (Gift limit) received by a public official or a relative or member of the household of the public official from a source that could reasonably be known to have a legislative or administrative interest.

(f)

Gifts received by a public official or a relative or member of the household of the public official from a source that could not reasonably be known to have a legislative or administrative interest.

(g)

The receipt by a public official or a relative or member of the household of the public official of any item, regardless of value, that is expressly excluded from the definition of “gift” in ORS 244.020 (Definitions).

(h)

Contributions made to a legal expense trust fund established under ORS 244.209 (Application to establish fund) for the benefit of the public official.

(3)

A public official may not solicit or receive, either directly or indirectly, and a person may not offer or give to any public official any pledge or promise of future employment, based on any understanding that the vote, official action or judgment of the public official would be influenced by the pledge or promise.

(4)

A public official may not attempt to further or further the personal gain of the public official through the use of confidential information gained in the course of or by reason of holding position as a public official or activities of the public official.

(5)

A former public official may not attempt to further or further the personal gain of any person through the use of confidential information gained in the course of or by reason of holding position as a public official or the activities of the person as a public official.

(6)

A person may not attempt to represent or represent a client for a fee before the governing body of a public body of which the person is a member. This subsection does not apply to the person’s employer, business partner or other associate.

(7)

A current or former public official may not solicit, receive or use public moneys from a public body, as defined in ORS 174.109 (“Public body” defined), to pay or make payments on a civil penalty imposed on the current or former public official by the Oregon Government Ethics Commission in accordance with ORS 171.992 (Civil penalty for violation of lobby regulation) or 244.350 (Civil penalties).

(8)

The provisions of this section apply regardless of whether actual conflicts of interest or potential conflicts of interest are announced or disclosed under ORS 244.120 (Methods of handling conflicts). [1974 c.72 §3; 1975 c.543 §2; 1987 c.566 §9; 1989 c.340 §3; 1991 c.146 §1; 1991 c.770 §6; 1991 c.911 §4; 1993 c.743 §9; 2007 c.877 §17; 2009 c.68 §4; 2021 c.265 §1]

Source: Section 244.040 — Prohibited use of official position or office; exceptions; other prohibited actions, https://www.oregonlegislature.gov/bills_laws/ors/ors244.html.

Notes of Decisions

Prohibition against public official using position for financial gain is not unconstitutionally vague because official uncertain whether conduct is prohibited may obtain advisory opinion under ORS 244.280. Groener v. Oregon Government Ethics Commission, 59 Or App 459, 651 P2d 736 (1982)

Law enjoining one not to “use” official position to obtain financial gain is not unconstitutionally vague. Davidson v. Oregon Government Ethics Commission, 300 Or 415, 712 P2d 87 (1985)

Where public official purchased automobile as “add on” to State Accident Insurance Fund purchase of fleet of cars and received discount not available to average buyer, official violated prohibition of this section against using public office for financial gain. Davidson v. Oregon Government Ethics Commission, 300 Or 415, 712 P2d 87 (1985)

In prohibition against public official using or attempting to use official office or position, phrase “would not otherwise be available” modifies “financial gain or avoidance of financial detriment.” Buntyn v. Government Standards and Practices Commission, 186 Or App 351, 63 P3d 37 (2003)

Attorney General Opinions

Purchase of surplus state property by state employes as conflict of interest, (1977) Vol 38, p 1401; committee establishing fund to defray expenses of elected official incurred in performing political functions of office, (1980) Vol 40, p 11; Applicability of Oregon Government Ethics Law to contractors that perform services for government, (1990) Vol 46, p 350

Law Review Citations

44 WLR 399 (2007)

ORS 244.040 Prohibited use of official position or office