ORS 244.120
Methods of handling conflicts; Legislative Assembly; judges; appointed officials; other elected officials or members of boards

(1)

Except as provided in subsection (2) of this section, when met with an actual or potential conflict of interest, a public official shall:

(a)

If the public official is a member of the Legislative Assembly, announce publicly, pursuant to rules of the house of which the public official is a member, the nature of the conflict before taking any action thereon in the capacity of a public official.

(b)

If the public official is a judge, remove the judge from the case giving rise to the conflict or advise the parties of the nature of the conflict.

(c)

If the public official is any other appointed official subject to this chapter, notify in writing the person who appointed the public official to office of the nature of the conflict, and request that the appointing authority dispose of the matter giving rise to the conflict. Upon receipt of the request, the appointing authority shall designate within a reasonable time an alternate to dispose of the matter, or shall direct the official to dispose of the matter in a manner specified by the appointing authority.

(2)

An elected public official, other than a member of the Legislative Assembly, or an appointed public official serving on a board or commission, shall:

(a)

When met with a potential conflict of interest, announce publicly the nature of the potential conflict prior to taking any action thereon in the capacity of a public official; or

(b)

When met with an actual conflict of interest, announce publicly the nature of the actual conflict and:

(A)

Except as provided in subparagraph (B) of this paragraph, refrain from participating as a public official in any discussion or debate on the issue out of which the actual conflict arises or from voting on the issue.

(B)

If any public official’s vote is necessary to meet a requirement of a minimum number of votes to take official action, be eligible to vote, but not to participate as a public official in any discussion or debate on the issue out of which the actual conflict arises.

(3)

Nothing in subsection (1) or (2) of this section requires any public official to announce a conflict of interest more than once on the occasion which the matter out of which the conflict arises is discussed or debated.

(4)

Nothing in this section authorizes a public official to vote if the official is otherwise prohibited from doing so. [1974 c.72 §10; 1975 c.543 §7; 1987 c.566 §15; 1993 c.743 §15]

Notes of Decisions

Where two of five county commissioners disqualified themselves because of previous involvement with matter in different capacities, their interests did not require abstention from quasi-judicial action on application for comprehensive plan change. Eastgate Theater v. Bd. of County Comm’rs, 37 Or App 745, 588 P2d 640 (1978)

Atty. Gen. Opinions

Avoiding disclosure requirements by abstention from voting, (1978) Vol 38, p 1995; discipline of legislator for failure to declare conflict of interest, (1999) Vol 49, p 167

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)

Source
OR Legislature
Last accessed
May. 15, 2020
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