Government Ethics

ORS 244.130
Recording of notice of conflict

  • effect of failure to disclose conflict


(1)

When a public official gives notice of an actual or potential conflict of interest, the public body as defined in ORS 174.109 (“Public body” defined) that the public official serves shall record the actual or potential conflict in the official records of the public body. In addition, a notice of the actual or potential conflict and how it was disposed of may in the discretion of the public body be provided to the Oregon Government Ethics Commission within a reasonable period of time.

(2)

A decision or action of any public official or any board or commission on which the public official serves or agency by which the public official is employed may not be voided by any court solely by reason of the failure of the public official to disclose an actual or potential conflict of interest. [1974 c.72 §11; 1975 c.543 §8; 1993 c.743 §16; 2007 c.865 §9]

Notes of Decisions

Policy of this section does not require members of quasi-judicial bodies, whose positions combine lawmaking with administration that is sometimes executive and sometimes adjudicative, to maintain strict "appearance of impartiality" required of formal judicial bodies, nor does due process requirement of 14th amendment go so far as to disqualify member's vote solely because of failure to disclose business dealings with proponents of election where there is no indication of actual bias. 1000 Friends of Oregon v. Wasco Co. Court, 304 Or 76, 742 P2d 39 (1987)

Atty. Gen. Opinions

Avoiding disclosure requirements by abstention from voting, (1978) Vol 38, p 1995

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

Last accessed
Jun. 26, 2021