2011-2012

The Senate Ad-Hoc COI/C Committee


The Senate Ad-Hoc COI/C Committee

Membership:

Pursuant to an email of 12 December to the UO community, quoted below, the committee is charged with "reviewing and, where needed, suggesting revisions to the draft COI-C policy to meet essential legal and policy requirements with a keen sensitivity to academic freedom and the culture of a public research university". The committee is to make a focused effort to "consider the policy and associated disclosure form. It is anticipated that the revised draft will be presented at the March 11, 2009 UO Senate meeting."

Date: Fri, 12 Dec 2008 11:07:43 -0800

MEMORANDUM

December 12, 2008

To: All Officers of Instruction, Officers of Research, and Officers of Administration

From: R. Linton, Vice President for Research and Graduate Studies
R. Tomlin, Senior Vice Provost for Academic Affairs
Paul van Donkelaar, President of the UO Senate

Subject: Continued COI-C Policy Review

There have been a considerable number of thoughtful and substantive comments conveyed by faculty colleagues on the draft policy on Conflict of Interest and Commitment (COI-C). In response, the planned January 2009 roll out of the new disclosure process for COI-C will be suspended for an appropriate period of time to review and address the concerns expressed on the 'blog' or that have been communicated directly to Academic Affairs or the Office of the Vice President for Research and Graduate Studies. For the moment, then, the proposed new process is paused and existing policy and procedures will remain in force. Faculty with funding from agencies such as NIH or NSF, or whose research involves human subjects, will need to continue current disclosure practice as required by federal regulations.

We recognize the need to further review the draft policy and to include faculty more extensively in that effort to bring forward an integrated COI-C policy and effective implementation process. We have appreciated the careful and collegial concerns expressed by colleagues such as John Bonine from Law or Alec Murphy from Geography, along with advice from the Faculty Advisory Council (FAC), that supported the need to incorporate additional ideas and insights rather than to press forward prematurely. To that end, we have agreed that Senate President Paul van Donkelaar will convene a small ad hoc committee charged with reviewing and, where needed, suggesting revisions to the draft COI-C policy to meet essential legal and policy requirements with a keen sensitivity to academic freedom and the culture of a public research university. The members of the ad hoc committee will be posted as soon as Paul has confirmed their participation.

To proceed in this manner, the University requested (and received Wednesday afternoon) an extension of the January 31, 2009 deadline previously set with the OUS Internal Audit Division to the start of our next fiscal year, July 1, 2009. This extension permits at least a two-month period (January and February 2009) for a focused effort by the committee to consider the policy and associated disclosure form. It is anticipated that the revised draft will be presented at the March 11, 2009 UO Senate meeting. This permits, as needed, an additional period of review and comment by the faculty between March and June 2009. The new deadline to implement the disclosure policy and process, July 1, 2009, should allow sufficient time for better assimilation of both COI and COC issues. We're grateful for your help in moving forward in this way.


Related documents:
  1. Conflict of Interest and Committment home page.
  2. Letter 1 December 2008 to OIs, ORs and OAs from James Bean, Richard Linton, and Russ Tomlin concerning COI.
  3. Section 4 of the OUS-IMD relating to Staff and Faculty Personnel (as of 17 Dec 2008).
  4. Oregon Revised Statues. Chapter 352 -State and Independent Institutions of Higher Education (as of 17 Dec 2008).
  5. Oregon Revised Statues Chapter 244 -Government Ethics (as of 17 Dec 2008).
  6. Email dated 17 Dec 2008 from Prof. Bonine.
  7. Email dated 7 January 2009 from Prof. Bonine.
  8. AAUP Policy statements on conflict of interest.
  9. Draft UO Policy on COI-COCC.
  10. Faculty Employment Outside of the University: Conflicts of Commitment (2004) AAUP.
  11. Archival documents
  12. Document dated 7 January 2009 from Prof. Horner "Considerations for COI/COC policy and process".
  13. Information Email to C. Bybee concerning the town hall meeting.
  14. Document from Prof. Bonine concerning "Preliminary criticisms of Proposal (page 1 only) 10 January 2009.
  15. Document critique of page 2 of the UO's draft policy 12 January 2009.
  16. Information on the town hall meeting 21 January 2009.
  17. Preliminary Report to the UO Senate 13 January 2009.
  18. COI-COC Briefing Book. This contains MANY materials:
  19. Announcement of town hall meeting.
  20. Campus Email 14 Jan 2009.
  21. Email from P. Gilkey to G. Bolt 15 Jan 2009.
  22. Email 16 Jan 2009 from William T Harbaugh.
  23. Agenda 16 Jan 2009 Committee meeting.
  24. Email from J. Bonine 16 January 2009.
  25. Email from A. Murphy 16 January 2009.
  26. Nine points to consider in licensing University Technology a document produced by the Association of University Technology Managers
  27. Document from Prof. Ian McNeely 16 January 2009.
  28. Email correspondence 18 January 2009 between John Bonine and Rob Horner. See also Oregon State Short Form
  29. Stanford COIC Form
  30. COI policy without COC policy as of 20 January 2009. Also see Document indicating deleted material.
  31. Remarks by COI/COC Chair Gilkey at the Town Hall Meeting 21 January 2009.
  32. Email of 21 Jan 2009 from Professor R. Mann concerning COIC
  33. Letter as of 21 Jan 2009 from Professors Paris and Moffitt.
  34. Email as of 22 Jan 2009 from Professor Jaeger.
  35. Blog posted on the COI-C web page 22 January 2009 concerning the town hall meeting.
  36. Email from Prof. McNeeley 22 Jan 09
  37. Email correspondence between Professors Tomlin and Lininger 23 January 2009.
  38. Minutes of the COI-COC committee meeting 16 January 2009 (posted 24 January 2009).
  39. Tab 6.12 U Indiana at Bloomington (added 25 January 2009). See also Tab 6.12 6.12-a, Tab 6.12 6.12-b, Tab 6.12 6.12-c.
  40. Email of 27 Jan 2009 transmitting a "lite" COI disclosure form to the committee for consideration.
  41. Email as of 27 January 2009 from C. Phillips concerning the "lite" COI disclosure form.
  42. Email as of 27 January 2009 from D. Koch concerning the "lite" COI disclosure form.
  43. Town Hall Feedback
  44. Email as of 27 January 2009 from S. Clark concerning the "lite" COI disclosure form.
  45. Email as of 27 January 2009 from R. Horner concerning the "lite" COI disclosure form.
  46. Email as of 27 January 2009 from H. Sadofsky concerning the "lite" COI disclosure form.
  47. Email as of 27 January 2009 from I. McNeeley concerning the "lite" COI disclosure.
  48. Email as of 27 January 2009 from R. Melnick concerning the "lite" COI disclosure.
  49. Email as of 27 January 2009 from D. Hulse concerning the "lite" COI disclosure.
  50. Email as of 27 January 2009 from B. Shelton concerning the "lite" COI disclosure.
  51. Email as of 27 January 2009 from Yuan Xu concerning the "lite" COI disclosure.
  52. Email 29 January 2009 by P. Gilkey.
  53. Email dated 29 January 2009 from M. Jaeger.
  54. Email dated 29 January 2009 from H. Lin
  55. Email dated 30 January 2009 from C. Jones.
  56. List of "Big Issues" related to the COI-COC as of 1 February 2009.
  57. Correspondence 4 Jan 2009 concerning Notice of Motion at the March Senate Meeting.
  58. Minutes of the 23 January 2009 meeting.
  59. Letter from Russ Tomlin 4 February 2009 concerning COC.
  60. Minutes 4 February 2009. concerning COI.
  61. Minutes12 February 2009 concerning COI.
  62. Minutes19 February 2009 concerning COI.
  63. Minutes26 February 2009 concerning COI.
  64. Cover letter 9 March 2009 from COIC COmmittee chair John Bonine to the campus community enclosing Sample COI financial disclosure form and Sample disclosure form.
  65. Minutes4 March 2009 concerning COI.

Web page spun on 20 March 2009 by Peter B Gilkey 202 Deady Hall, Department of Mathematics at the University of Oregon, Eugene OR 97403-1222, U.S.A. Phone 1-541-346-4717 Email:peter.gilkey.cc.67@aya.yale.edu of Deady Spider Enterprises

Chapter 352 — State and Independent Institutions of Higher Education

Chapter 352 — State and Independent Institutions of Higher Education

2007 EDITION

INSTITUTIONS OF HIGHER EDUCATION

EDUCATION AND CULTURE

OREGON UNIVERSITY SYSTEM

352.002 Oregon University System

Note Student voting plan--2007 c.529 1,2

352.004 Presidents of state institutions

352.006 Political or sectarian tests prohibited in appointment of faculty or employees

352.008 Alcohol and drug abuse policy and implementation plan

352.010 Status of faculty

352.012 Authority of Oregon University System to require fingerprints

352.015 Institutional physical access committee; members; duties

352.017 Contract for disbursement of funds to students; personally identifiable information

352.021 Honorary degrees for persons ordered to internment camp

UNIVERSITY OF OREGON

(Generally)

352.035 Streets through university property; establishment and dedication

352.043 University of Oregon School of Law

352.045 Oregon State Museum of Anthropology

352.046 Center for Brain, Biology and Machine

(Industrialized Housing Development Program)

352.048 Industrialized Housing Development Program created; administration

352.049 Program objectives; fees; employees

352.051 Rulemaking authority

352.052 Confidentiality of information

352.053 Coordination of wood product research, development or evaluation

PORTLAND STATE UNIVERSITY

352.063 Receipt and disposition of funds received for programs

352.066 Mark O. Hatfield School of Government; Criminal Justice Research and Policy Institute

352.067 Oregon Criminal Justice Scientific Advisory Committee

352.068 Center for Lakes and Reservoirs

352.071 Graduate School of Social Work

352.074 Institute of Portland Metropolitan Studies

OREGON INSTITUTE OF TECHNOLOGY

352.221 Oregon Renewable Energy Center

352.223 Oregon Center for Health Professions

OREGON STATE UNIVERSITY

352.230 Oregon State University designated as agricultural college of the state; Sea Grant College; program in Veterinary Medicine

352.239 Institute for Natural Resources

352.245 Oregon Climate Service

352.247 Oregon Climate Change Research Institute

STATE INSTITUTIONS GENERALLY

352.355 Establishment of certain state institutions as comprehensive universities

352.360 Traffic control on properties under state board; rules; enforcement; fees; use

352.370 Students unable because of religious beliefs to attend classes on certain days

352.380 Affirmative action plan

352.385 Special campus security officers; authority; training; expense

REGIONAL SERVICES INSTITUTES

352.390 Regional services institutes; general program; location

352.400 Program purpose and function

STATE INSTITUTION FINANCES

352.510 University Fund from sale of university lands; use of interest; additions to principal; pledges of credit limited

352.520 Loans of University Fund

352.530 Disbursement of proceeds of loans from University Fund

352.560 Oregon State University Fund

352.570 Loans of Oregon State University Fund

352.580 Disbursement of proceeds of loans from Oregon State University Fund

352.600 J. T. Apperson Agricultural College Educational Fund

352.610 General powers and duties of trustee

352.620 Execution of instruments

352.630 Payment of expenses; rulemaking

352.650 Deposit of Apperson and Burbank funds

CLINICAL LEGAL EDUCATION PROGRAMS

352.655 Domestic Violence Clinical Legal Education Account

POLICY ON INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION

352.665 Legislative findings

352.667 Public purpose to encourage and increase opportunities in independent higher education

352.669 Policies and practices of state agencies

352.672 State financial aid for students

352.675 State policies to enhance and encourage independent higher education

AID TO INDEPENDENT INSTITUTIONS

352.710 Policy

352.720 Definitions for ORS 352.710 to 352.760

352.730 Contracts with independent institutions for nonsectarian and nonreligious educational services

352.740 Computation of payments under contracts

352.750 Rules

352.760 Severability

FINANCE OF EDUCATIONAL FACILITIES BY MUNICIPALITY

352.790 Definitions for ORS 352.790 to 352.820

352.795 Finance of education facilities by municipalities

352.800 Powers of municipality

352.805 Revenue bonds; issuance; trust funds; pledge; terms; legal effect

352.810 Revenue bonds secured by educational facility revenues

352.815 Municipalities acting jointly

352.820 Investment of revenues

OREGON UNIVERSITY SYSTEM

352.002 Oregon University System. The Oregon University System consists of the programs, activities and institutions of higher education under the jurisdiction of the State Board of Higher Education including the following:

(1) University of Oregon.

(2) Oregon State University.

(3) Portland State University.

(4) Oregon Institute of Technology.

(5) Western Oregon University.

(6) Southern Oregon University.

(7) Eastern Oregon University. [1987 c.246 1; 1995 c.162 74; 1995 c.612 10,11; 1997 c.11 1; 2001 c.382 1]

Note: Sections 1 and 2, chapter 529, Oregon Laws 2007, provide:

Sec. 1. Student voting plan. Each community college and state institution of higher education listed in ORS 352.002 shall adopt a plan, in consultation with the recognized student government of the college or institution, to increase student voter registration and voting in elections. Each plan shall:

(1) Ensure that all students receive information about voting and the opportunities available on campus to register to vote;

(2) Ensure that all students receive information about activities relating to voting that are prohibited by law and the penalties for those activities;

(3) Address the distribution and collection of voter registration cards, as defined in ORS 247.002, during the first three weeks of each academic term;

(4) Require that voter registration cards be made available in residence halls, campus bookstores, places where students register for classes, financial aid offices and student adviser offices;

(5) Require college and institution administrators to communicate with faculty, staff and students about deadlines for voter registration; and

(6) Include a campus-wide advertising campaign to advise students of the deadline for delivering ballots by mail. [2007 c.529 1]

Sec. 2. Each community college and state institution of higher education shall adopt the plan required by section 1 of this 2007 Act not later than February 1, 2008. [2007 c.529 2]

352.004 Presidents of state institutions. The president of each state institution of higher education within the Oregon University System is also president of the faculty. The president is also the executive and governing officer of the institution, except as otherwise provided by statute. Subject to the supervision of the State Board of Higher Education, the president of the institution has authority to control and give general directions to the practical affairs of the institution. [Formerly 352.020; 2005 c.22 249]

352.006 Political or sectarian tests prohibited in appointment of faculty or employees. No political or sectarian test shall ever be allowed or applied in the appointment of faculty and other employees of the Oregon University System. [Formerly 352.030]

352.008 Alcohol and drug abuse policy and implementation plan. In consultation with the Department of Human Services, each state institution of higher education shall adopt a comprehensive alcohol and drug abuse policy and implementation plan. [1989 c.1076 3]

352.010 Status of faculty. The president and professors constitute the faculty of each of the state institutions of higher education and as such have the immediate government and discipline of it and the students therein. The faculty may, subject to the supervision of the State Board of Higher Education under ORS 351.070, prescribe the course of study to be pursued in the institution and the textbooks to be used. [Amended by 1987 c.246 4; 1989 c.492 3]

352.012 Authority of Oregon University System to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181.534, the Oregon University System may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the Oregon University System; or

(b) Provides services or seeks to provide services to the Oregon University System as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position that is designated as a critical or security-sensitive position. As used in this subsection, “critical or security-sensitive position†means a position in which the person:

(a) Has direct access to persons under 18 years of age or to student residence facilities because the person’s work duties require the person to be present in the residence facility;

(b) Is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(c) Has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;

(d) Has access to property where chemicals, hazardous materials and other items controlled by state or federal laws or regulations are located;

(e) Has access to laboratories, nuclear facilities or utility plants to which access is restricted in order to protect the health or safety of the public;

(f) Has fiscal, financial aid, payroll or purchasing responsibilities as one of the person’s primary responsibilities; or

(g) Has access to personal information about employees or members of the public including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information. [2005 c.730 71]

Note: 352.012 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.015 Institutional physical access committee; members; duties. (1) Every institution under the jurisdiction of the State Board of Higher Education shall convene a physical access committee to identify barriers to access by persons with disabilities on the campus of each institution. The committee shall include, but not be limited to:

(a) One or more students with disabilities or, if there are no students with disabilities willing to participate, a person with a disability who uses the institution’s facilities;

(b) One or more members of the faculty or staff who have disabilities;

(c) The coordinator of services for students with disabilities for the institution;

(d) One or more administrators of the institution; and

(e) One or more members of the physical plant staff of the institution.

(2) The physical access committee shall present its findings and recommendations to the administration of the institution listing access needs and priorities for meeting those needs. These findings and recommendations shall identify the barriers to access that prevent persons with disabilities from meaningfully utilizing campus facilities related to instruction, academic support, assembly and residence life.

(3) In preparing budget requests for each biennium, each institution under the jurisdiction of the State Board of Higher Education shall include amounts for capital improvement that will be applied to the substantial reduction and eventual elimination of barriers to access by persons with disabilities as identified by the physical access committee.

(4) Nothing in this section and ORS 185.155 and 341.937 requires an institution to undertake projects for accessibility that are not otherwise required unless such projects are funded specifically by the Legislative Assembly. [1991 c.935 1,2; 2007 c.70 147]

Note: 352.015 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.017 Contract for disbursement of funds to students; personally identifiable information. (1) As used in this section, “personally identifiable information†means a student’s Social Security number and gender or a student’s Social Security number and date of birth.

(2) A state institution of higher education may enter into a contract with a private contractor to provide the service of facilitating the disbursement of funds to students. If a student’s personally identifiable information is necessary to administer the disbursement of funds under the contract, the institution must:

(a) Obtain from a student a written election to receive the contracted services;

(b) Provide any alternative method of disbursement of funds at no additional cost to a student who does not elect to receive those services from a private contractor;

(c) Not release to a private contractor personally identifiable information about a student who elects to receive disbursement services from the private contractor without first obtaining from the student a written consent to release the personally identifiable information; and

(d) Provide to a student a written description of the purposes for which a private contractor may use the student’s personally identifiable information. [2005 c.363 1]

Note: 352.017 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.020 [Amended by 1987 c.246 2; renumbered 352.004 in 1987]

352.021 Honorary degrees for persons ordered to internment camp. (1) As used in this section, “internment camp†means a relocation center to which persons were ordered evacuated by Presidential Executive Order 9066, signed on February 19, 1942.

(2) A person who meets the requirements of subsection (4) of this section may request a state institution of higher education listed in ORS 352.002 to award the person an honorary post-secondary degree.

(3) A representative of a deceased person who meets the requirements of subsection (4) of this section may request a state institution of higher education listed in ORS 352.002 to award an honorary post-secondary degree on behalf of the deceased person.

(4) Notwithstanding the requirements for a post-secondary degree established by a state institution of higher education or by the State Board of Higher Education, a state institution of higher education that receives a request under subsection (2) or (3) of this section may award an honorary post-secondary degree to a person, or on behalf of a deceased person, who:

(a) Was a student at the state institution of higher education in 1942; and

(b) Did not graduate from the institution because the person was ordered to an internment camp. [2007 c.244 1]

Note: 352.021 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.030 [Amended by 1987 c.246 3; renumbered 352.006 in 1987]

UNIVERSITY OF OREGON

(Generally)

352.035 Streets through university property; establishment and dedication. The State Board of Higher Education may open, establish, lay out and dedicate to the public use such streets through the lands situated within the corporate limits of the City of Eugene, owned by or belonging to the University of Oregon, upon such terms and conditions as may be agreed upon by the State Board of Higher Education and the common council of the City of Eugene. When such streets are so opened, laid out and established, they hereby are declared to be dedicated to the public use and are further declared to be public streets of the City of Eugene. [Formerly 352.080; 2005 c.22 250]

352.040 [Repealed by 1961 c.238 1]

352.043 University of Oregon School of Law. (1) There is created within the Department of Higher Education the University of Oregon School of Law. The school shall be administered by the University of Oregon.

(2) The University of Oregon School of Law shall:

(a) Prepare students for careers in the legal profession.

(b) Perform the duties required of the school under ORS 36.100 to 36.238.

(3) The president of the University of Oregon shall appoint the Dean of the University of Oregon School of Law. [2003 c.791 31,31a; 2005 c.817 7]

Note: 352.043 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.045 Oregon State Museum of Anthropology. (1) The anthropological collections at the University of Oregon are designated and established as the Oregon State Museum of Anthropology. The Oregon State Museum of Anthropology is designated as the official depository for any material of an archaeological or anthropological nature that may come into the possession of the State of Oregon through the operation of ORS 358.935, 390.235 or 390.237 or as a consequence of gifts from the federal government, the Smithsonian Institution or from other public or private agencies. The University of Oregon, through the director of the Oregon State Museum of Anthropology, shall assume full responsibility for the custody and safekeeping of said collection. If responsibility for a collection is reassigned under ORS 390.235, the Oregon State Museum of Anthropology shall serve as the ultimate depository in the event the assigned curator is unable or fails to continue that responsibility.

(2) ORS 390.235 or 390.237 or this section shall not interfere with any collections now in the possession of any institution of higher learning in Oregon, nor prevent any private person making a gift of any collection owned by the person directly to any institution. [Formerly 352.090; 1987 c.246 5; 2005 c.22 251]

352.046 Center for Brain, Biology and Machine. (1) Pursuant to ORS 351.870, there is created within the Department of Higher Education the Center for Brain, Biology and Machine. The center shall be administered by the University of Oregon.

(2) The purpose of the center is to promote interdisciplinary teaching and research in scientific areas, including but not limited to brain structure, development and functions, genetics and genomics, cognitive neuroscience, molecular biology, computational science, computing, magnetic resonance imaging and optics.

(3) The Department of Higher Education may receive moneys from any public or private source to support the Center for Brain, Biology and Machine created under subsections (1) and (2) of this section. Gifts or grants received to support the center shall be deposited in an appropriate fund at the University of Oregon by the Department of Higher Education. [1999 c.992 5,6]

Note: 352.046 (1) and (2) were added to and made a part of ORS chapter 352 by legislative action but were not added to any smaller series therein. 352.046 (3) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Industrialized Housing Development Program)

352.048 Industrialized Housing Development Program created; administration. (1) There is created within the Department of Higher Education the Industrialized Housing Development Program. The program shall be administered in conjunction with the Center for Housing Innovation at the University of Oregon.

(2) The purpose of the program is to provide assistance to industrialized housing manufacturers to help them achieve demonstrated best practice by researching, evaluating and disseminating information on opportunities to improve design technology, including but not limited to:

(a) Methods to improve the affordability of housing;

(b) Better utilization of new products in industrialized housing;

(c) Improving the energy efficiency of industrialized housing; and

(d) Specialized training for workers and management. [1991 c.853 1]

Note: 352.048 to 352.053 were enacted into law by the Legislative Assembly but were not added to or made a part of any series in ORS chapter 352 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.049 Program objectives; fees; employees. (1) In fulfilling the purpose described in ORS 352.048, the Industrialized Housing Development Program shall:

(a) Emphasize client-directed problem solving with the planning and design of appropriate design technologies;

(b) Provide or arrange for the provision of management assistance, specialized training for workers and other consulting services;

(c) Supplement the design skills and expertise of program staff by developing relations with experts who may work in a consulting role;

(d) Research new and developing design technology in the United States and overseas with the purpose of adapting proven technologies and management practices to Oregon conditions; and

(e) Disseminate research findings to all interested firms throughout the industrialized housing industry.

(2) The Industrialized Housing Development Program shall establish a schedule of fees for the services it provides. The program may establish a minimum level of service for which it does not charge fees.

(3) The Industrialized Housing Development Program may hire individuals on a contract basis, to provide either full-time or part-time staffing. However, employees of the program shall not be considered tenured employees of the Department of Higher Education. [1991 c.853 2,3,4]

Note: See note under 352.048.

352.050 [Repealed by 1973 c.729 17]

352.051 Rulemaking authority. The State Board of Higher Education shall adopt rules necessary to carry out the provisions of ORS 352.048 to 352.053. [1991 c.853 5]

Note: See note under 352.048.

352.052 Confidentiality of information.Any information obtained by the Industrialized Housing Development Program relating to an industrialized housing firm shall remain confidential to the extent that the information identifies an industrialized housing firm. The information shall remain confidential for a period of time to be prescribed by rule and then shall become public information. [1991 c.853 6]

Note: See note under 352.048.

352.053 Coordination of wood product research, development or evaluation. Any research, development or evaluation of wood products by the Industrialized Housing Development Program shall be coordinated by the Center for Housing Innovation through the Oregon State University Forest Research Laboratory and Forest Products Extension Service. [1991 c.853 7]

Note: See note under 352.048.

352.055 [1973 c.729 16; 1975 c.693 3; 1981 c.144 1; 1987 c.246 7; repealed by 1995 c.162 94]

352.058 [1977 c.773 1,2,3; repealed by 1987 c.246 8]

352.060 [Amended by 1969 c.597 57; repealed by 1975 c.693 21]

PORTLAND STATE UNIVERSITY

352.063 Receipt and disposition of funds received for programs. The Department of Higher Education may receive moneys from any public or private source to support the Mark O. Hatfield School of Government, the Center for Lakes and Reservoirs, the Graduate School of Social Work or the Institute of Portland Metropolitan Studies created under ORS 352.066, 352.068, 352.071 and 352.074. Gifts and grants received to support the Mark O. Hatfield School of Government, the Center for Lakes and Reservoirs, the Graduate School of Social Work or the Institute of Portland Metropolitan Studies shall be credited to the appropriate fund at Portland State University by the Department of Higher Education. [2001 c.140 6]

352.065 [1959 c.97 1,2; 1983 c.740 116; repealed by 1987 c.246 8]

352.066 Mark O. Hatfield School of Government; Criminal Justice Research and Policy Institute. (1) Pursuant to ORS 351.870, there is created within the Department of Higher Education the Mark O. Hatfield School of Government. The Mark O. Hatfield School of Government shall be administered by Portland State University. The president of Portland State University shall appoint the director of the Mark O. Hatfield School of Government.

(2) The purposes of the Mark O. Hatfield School of Government are:

(a) To prepare students for careers in political service, public administration and the administration of justice;

(b) To perform the duties required of the school under ORS 21.480, 36.179, 183.502 and 390.240; and

(c) To assist the Criminal Justice Research and Policy Institute in carrying out the duties under subsection (3) of this section.

(3) There is created within the Mark O. Hatfield School of Government the Criminal Justice Research and Policy Institute. The institute may assist the Legislative Assembly and state and local governments in developing policies to reduce crime and delinquency by:

(a) Providing the Legislative Assembly with objective, nonpartisan analyses of existing or proposed state criminal justice policies, which analyses may not be inconsistent with state or federal law or the Oregon or United States Constitution;

(b) Evaluating programs, including but not limited to programs dealing with public safety professionalism, ethics in leadership and childhood development, funded directly or indirectly by the State of Oregon that are intended to reduce criminal and delinquent behavior or to improve professionalism in public safety careers;

(c) Managing reviews and evaluations relating to major long-term issues confronting the state involving criminal and juvenile justice, public safety professionalism, ethics in leadership and early childhood development programs;

(d) Initiating, sponsoring, conducting and publishing research on criminal and juvenile justice, public safety professionalism, ethics in leadership and early childhood development that is peer reviewed and directly useful to policymakers;

(e) Organizing conferences on current state issues that bring together policymakers, public agencies and leading academicians; and

(f) Seeking to strengthen the links among the Legislative Assembly, state and local governments, the Oregon Criminal Justice Commission, the Department of Public Safety Standards and Training and the academic community in the interest of more informed policymaking, the application of best practices and more relevant academic research.

(4) The Governor, the Chief Justice of the Supreme Court, the President of the Senate, the Speaker of the House of Representatives or the chairperson of a legislative committee with responsibility over criminal or juvenile justice systems or childhood development programs may request the assistance of the Criminal Justice Research and Policy Institute in evaluating criminal or juvenile justice programs developed for, but not necessarily limited to, preventing delinquency, reducing crime and improving professionalism in public safety careers.

(5) Agencies, departments and officers of state and local governments may assist the Criminal Justice Research and Policy Institute in the performance of its functions and furnish information, data and advice as requested by the institute. [2001 c.140 2; 2003 c.791 30,30a; 2005 c.453 1,2; 2005 c.817 8]

352.067 Oregon Criminal Justice Scientific Advisory Committee. The Oregon Criminal Justice Scientific Advisory Committee is established to provide assistance and advice to the Criminal Justice Research and Policy Institute. The director of the Mark O. Hatfield School of Government shall appoint the members of the advisory committee. In order to serve as a member of the advisory committee, a person must have earned a graduate degree in a related field from an accredited university. [2005 c.453 3]

Note: 352.067 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.068 Center for Lakes and Reservoirs. (1) Pursuant to ORS 351.870, there is created within the Department of Higher Education the Center for Lakes and Reservoirs. The Center for Lakes and Reservoirs shall be administered by Portland State University.

(2) The purpose of the Center for Lakes and Reservoirs is to assist state and federal agencies in researching and mitigating nonindigenous, invasive aquatic species in this state and to work with communities in developing effective management of lakes and reservoirs. [2001 c.140 3]

352.070 [Repealed by 1961 c.238 1]

352.071 Graduate School of Social Work. (1) Pursuant to ORS 351.870, there is created within the Department of Higher Education the Graduate School of Social Work. The Graduate School of Social Work shall be administered by Portland State University.

(2) The purpose of the Graduate School of Social Work is to provide a center for specialized education and research in the social services for the betterment of communities in the Portland metropolitan area, the state and the Pacific Northwest. [2001 c.140 4]

352.073 [1985 c.770 12; 1995 c.162 76; renumbered 353.460 in 1995]

352.074 Institute of Portland Metropolitan Studies. (1) Pursuant to ORS 351.870, there is created within the Department of Higher Education the Institute of Portland Metropolitan Studies. The Institute of Portland Metropolitan Studies shall be administered by Portland State University.

(2) The purpose of the Institute of Portland Metropolitan Studies is to build partnerships between Portland State University’s urban studies programs and the surrounding communities of metropolitan Portland and to sponsor public service research. [2001 c.140 5]

352.075 [1967 c.539 1,2; repealed by 1975 c.693 21]

352.077 [1985 c.770 14; 1987 c.879 14; repealed by 1995 c.162 94]

352.080 [Renumbered 352.035]

352.083 [1985 c.770 18; 1995 c.162 78; renumbered 353.470 in 1995]

352.090 [Renumbered 352.045]

352.095 [1989 c.893 8; 1991 c.947 11; renumbered 353.450 in 1995]

352.100 [Amended by 1957 c.595 1; 1975 c.693 4; 1983 c.740 116a; repealed by 1987 c.246 8]

352.110 [Amended by 1975 c.693 5; repealed by 1987 c.246 8]

352.120 [Amended by 1975 c.693 6; repealed by 1987 c.246 8]

352.130 [Repealed by 1987 c.246 8]

352.140 [Amended by 1983 c.740 117; repealed by 1987 c.246

8]

352.150 [Amended by 1969 c.597 58; repealed by 1987 c.246 8]

352.160 [Repealed by 1961 c.238 1]

352.165 [1973 c.644 1; repealed by 1987 c.246 8]

352.167 [1973 c.644 2; repealed by 1987 c.246 8]

352.170 [Repealed by 1957 c.595 3]

352.173 [1973 c.644 3; repealed by 1987 c.246 8]

352.175 [1973 c.644 4; repealed by 1987 c.246 8]

352.180 [Repealed by 1957 c.595 3]

352.185 [Amended by 1957 c.595 2; repealed by 1961 c.238 1]

352.190 [Amended by 1953 c.720 3; repealed by 1955 c.12 5]

352.195 [1955 c.12 1,3,4; 1969 c.6 1; 1977 c.144 1; repealed by 1987 c.246 8]

352.200 [Amended by 1953 c.720 3; repealed by 1955 c.12 5]

352.201 [1959 c.566 1; 1973 c.70 2; repealed by 1987 c.246 8]

352.205 [1959 c.566 3; repealed by 1987 c.246 8]

352.210 [Repealed by 1955 c.12 5]

352.211 [1959 c.622 1; repealed by 1977 c.64 1]

352.215 [1959 c.674 1,2; repealed by 1977 c.64 1]

352.220 [Repealed by 1955 c.12 5]

OREGON INSTITUTE OF TECHNOLOGY

352.221 Oregon Renewable Energy Center. (1) Pursuant to ORS 351.870, there is created within the Department of Higher Education the Oregon Renewable Energy Center. The Oregon Renewable Energy Center shall be administered by the Oregon Institute of Technology.

(2) The purpose of the Oregon Renewable Energy Center is to engage in renewable energy system engineering and applied research.

(3) The Department of Higher Education may receive moneys from any public or private source to support the Oregon Renewable Energy Center. Gifts and grants received to support the Oregon Renewable Energy Center shall be credited to the appropriate fund at the Oregon Institute of Technology by the Department of Higher Education. [2001 c.818 2]

352.223 Oregon Center for Health Professions. (1) As used in this section:

(a) “Allied health education programs†includes, but is not limited to:

(A) Radiologic science;

(B) Nuclear medicine;

(C) Sonography;

(D) Vascular technology;

(E) Dental hygiene;

(F) Respiratory care;

(G) Clinical laboratory sciences; and

(H) Emergency medical technician education.

(b) “Allied health education programs†does not include any undergraduate or graduate nursing program administered by Oregon Health and Science University.

(2) There is created within the Department of Higher Education the Oregon Center for Health Professions. The Oregon Center for Health Professions shall be administered by the Oregon Institute of Technology.

(3) The purposes of the Oregon Center for Health Professions are to:

(a) Provide continued development of bachelor’s degree level education programs in areas of allied health;

(b) Facilitate the creation of new partnerships between the health care industry and community colleges, private institutions of higher education and state institutions of higher education in order to increase the number of students and graduates in allied health education programs;

(c) Provide continuing education, professional development and certificate programs for allied health care professionals; and

(d) Align with and complement educational partnerships between the Oregon Institute of Technology and Oregon Health and Science University focusing on allied health education programs.

(4) The Department of Higher Education may receive moneys from any public or private source to support the Oregon Center for Health Professions. Gifts and grants received to support the Oregon Center for Health Professions shall be credited to the appropriate fund at the Oregon Institute of Technology by the Department of Higher Education. [2005 c.548 1]

Note: 352.223 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

OREGON STATE UNIVERSITY

352.230 Oregon State University designated as agricultural college of the state; Sea Grant College; program in Veterinary Medicine. (1) Oregon State University is designated and permanently adopted as the agricultural college of the state and shall provide, in accordance with the objectives sought by Congress in the establishment of state agricultural colleges, instruction in agriculture and the mechanic arts. The university is also a Sea Grant College dedicated to education and research in the marine sciences.

(2) The State Board of Higher Education is authorized to enter into agreements with its counterpart in the State of Idaho and with the Board of Regents of Washington State University for cooperative development of the program in Veterinary Medicine. [Amended by 1953 c.362 1; 1961 c.54 1; 1987 c.246 6]

352.239 Institute for Natural Resources. (1) There is created within the Department of Higher Education the Institute for Natural Resources. The Institute for Natural Resources shall be administered by Oregon State University.

(2) The Institute for Natural Resources shall serve the following purposes:

(a) Serve as a clearinghouse for scientifically based natural resources information.

(b) Provide scientifically based natural resources information to the public in integrated and accessible formats.

(c) Coordinate efforts with other state agencies and bodies to provide natural resources information to the public in a comprehensive manner.

(d) Facilitate and conduct research.

(e) Provide information and technical tools to assist decision-making on natural resources issues.

(f) Assist the State Land Board in carrying out the Natural Heritage Program by maintaining a data bank containing a classification of natural heritage elements and an inventory of the locations of the elements. All data obtained through personal observation on private land by employees of Oregon State University working in the Natural Heritage Program may be entered into the data bank only with the written permission of the landowner.

(3) Using existing resources, state agencies designated by the Governor shall enter into a memorandum of understanding, or other agreement deemed appropriate by the Governor, with the institute that defines and clarifies the roles and responsibilities of the agencies in order to prevent duplication of effort and to ensure that agency resources are used efficiently.

(4) State agencies may contract with the institute to fulfill agency needs regarding the collection, storage, integration, analysis, dissemination and monitoring of natural resources information and natural resources research and training. [2001 c.918 12; 2003 c.661 3]

Note: 352.239 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.240 [Repealed by 1987 c.246 8]

352.245 Oregon Climate Service. (1) There is established an Oregon Climate Service to be located at Oregon State University. The service shall acquire, maintain, disseminate and interpret climate data and information for the state.

(2) The service shall:

(a) Assess the needs for weather and climate information in Oregon and establish priorities among the needs.

(b) Perform a service to citizens of Oregon by managing climate data for the state, and by disseminating such data and information to users.

(c) Assist in the coordination of existing activities within the state and among neighboring states.

(d) Advise regional, state and local government on climate related issues.

(e) Assist students and faculty in the Oregon University System by furnishing data and information needed in education and research programs.

(f) Study and analyze the relationships between climatic phenomena and activities in areas such as agriculture, water resources, energy production and use, air quality, building design and construction, transportation and communication, and business and commerce.

(g) Identify emerging climatic issues and anticipate public demand for information.

(h) Inform state, federal and private groups and the public on the availability and sources of climate-related services, information and data. [1991 c.727 1]

352.247 Oregon Climate Change Research Institute. (1) There is created within the Department of Higher Education the Oregon Climate Change Research Institute. The institute shall be administered by Oregon State University and institutional partners within the Oregon University System.

(2) The purpose of the Oregon Climate Change Research Institute is to:

(a) Facilitate research by Oregon University System faculty on climate change and its effects on natural and human systems in Oregon;

(b) Serve as a clearinghouse for climate change information;

(c) Provide climate change information to the public in integrated and accessible formats;

(d) Support the Oregon Global Warming Commission in developing strategies to prepare for and to mitigate the effects of climate change on natural and human systems; and

(e) Provide technical assistance to local governments to assist them in developing climate change policies, practices and programs.

(3) The Oregon Climate Change Research Institute shall assess, at least once each biennium, the state of climate change science, including biological, physical and social science, as it relates to Oregon and the likely effects of climate change on the state. The institute shall submit the assessment to the Legislative Assembly in the manner provided in ORS 192.245 and to the Governor.

(4) State agencies may contract with the Oregon Climate Change Research Institute to fulfill agency needs regarding the collection, storage, integration, analysis, dissemination and monitoring of climate change information, research and training. [2007 c.907 15]

Note: 352.247 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.250 [Repealed by 1961 c.238 1]

352.260 [Repealed by 1987 c.246 8]

352.270 [Repealed by 1983 c.740 118]

352.275 [1967 c.349 1; repealed by 1987 c.246 8]

352.280 [Repealed by 1959 c.564 16]

352.285 [1975 c.528 1,2; repealed by 1987 c.246 8]

352.290 [Amended by 1961 c.127 1; 1975 c.76 1; 1977 c.152 1; 1981 c.72 1; repealed by 1987 c.246 8]

352.300 [Amended by 1953 c.721 3; 1977 c.152 2; repealed by 1987 c.246 8]

352.310 [Repealed by 1959 c.570 3]

352.320 [Repealed by 1953 c.721 3]

352.330 [Repealed by 1961 c.238 1]

352.340 [Repealed by 1987 c.246 8]

352.350 [Repealed by 1961 c.238 1]

STATE INSTITUTIONS GENERALLY

352.355 Establishment of certain state institutions as comprehensive universities. Western Oregon University, Southern Oregon University and Eastern Oregon University are established as comprehensive universities that offer a full range of baccalaureate programs and graduate programs through the master’s degree. [1997 c.11 3]

352.360 Traffic control on properties under state board; rules; enforcement; fees; use. (1) The State Board of Higher Education may enact such regulations as it shall deem convenient or necessary to provide for the policing, control and regulation of traffic and parking of vehicles on the property of any institution under the jurisdiction of the board. Such regulations may provide for the registration of vehicles, the designation of parking areas, and the assessment and collection of reasonable fees and charges for parking, and shall be filed in accordance with the provisions of ORS chapter 183. The board may require that before a quarterly or yearly parking privilege for any vehicle is granted to any full-time or part-time student to use board property, the student must show that the vehicle is operated by a student holding a valid driver’s license, that the vehicle is currently registered and that the student driving the vehicle is insured under a motor vehicle liability insurance policy that meets the requirements described under ORS 806.080 or that the student or owner of the vehicle has provided the Department of Transportation with other satisfactory proof of compliance with the financial responsibility requirements of this state.

(2) The regulations enacted pursuant to subsection (1) of this section shall be enforced administratively under procedures adopted by the board for each institution under its jurisdiction. Administrative and disciplinary sanctions may be imposed upon students, faculty and staff for violation of the regulations, including but not limited to, a reasonable monetary penalty which may be deducted from student deposits, and faculty or staff salaries or other funds in the possession of the institution. The board shall provide opportunity for hearing for the determination of controversies in connection with imposition of fines or penalties. The board may prescribe procedures for such hearings despite the provisions of ORS 183.413 to 183.470. Persons other than students, faculty or staff may voluntarily submit to the hearing procedures prescribed by the board, and shall be bound by the results thereof. The powers granted to the board by this section are supplemental to the existing powers of the board with respect to the government of activities of students, faculty and staff and the control and management of property under its jurisdiction.

(3) The regulations enacted pursuant to subsection (1) of this section may also be enforced by the impoundment of vehicles, and a reasonable fee may be enacted for the cost of impoundment and storage, if any, prior to the release of the vehicles to their owners.

(4) All fees and charges for parking privileges and violations are hereby continuously appropriated to the State Board of Higher Education to be used to defray the costs of constructing bicycle racks and bicycle lanes and of traffic control, enforcement of traffic and parking regulations, and maintenance and operation of parking facilities and for the purpose of acquiring and constructing additional parking facilities for vehicles at the various institutions, departments or activities under the control of the board, and may also be credited to the Higher Education Bond Sinking Fund provided for in ORS 351.460. Parking fees shall be established at levels no greater than those required to finance the construction, operation and maintenance of parking facilities on the same campus of the state institution of higher education on which the parking is provided. Notwithstanding ORS 351.072, parking fees or changes in fees shall be adopted by rule of the state board subject to the procedure for rules adopted in ORS chapter 183.

(5) Every peace officer may enforce the regulations made by the board under subsection (1) of this section. The board, for the purpose of enforcing its rules and regulations governing traffic control, may appoint peace officers who shall have the same authority as other peace officers as defined in ORS 133.005.

(6) The State Board of Higher Education and any municipal corporation or any department, agency or political subdivision of this state may enter into agreements or contracts with each other for the purpose of providing a uniform system of enforcement of the rules and regulations of the board enacted pursuant to subsection (1) of this section.

(7) In proceedings brought to enforce regulations enacted pursuant to subsection (1) of this section, it shall be sufficient to charge the defendant by an unsworn written notice in accordance with the provisions of ORS 221.333. In any case in which the defendant is not subject to and does not voluntarily submit to the hearing procedures prescribed under subsection (2) of this section, proceedings to enforce regulations enacted pursuant to subsection (1) of this section shall be brought in the name of the board in a circuit court, a justice court or a city court for offenses committed within the territorial jurisdiction of such court. Such courts shall have concurrent jurisdiction over offenses committed within their respective jurisdictions. All fines, penalties and court costs recovered shall be paid to the clerk of the court involved and shall be disposed of as provided in ORS 153.630. [1959 c.569 1,2,3,4,5; 1969 c.622 1; 1971 c.734 22; 1973 c.836 347; 1975 c.693 7; 1977 c.825 1; 1983 c.186 1; 1989 c.990 2; 1993 c.221 3; 1995 c.79 194; 1995 c.658 103; 1999 c.448 9; 2007 c.288 15]

352.370 Students unable because of religious beliefs to attend classes on certain days. (1) As used in this section, “school of higher education†means:

(a) Any school, institution or department under the jurisdiction of the State Board of Higher Education.

(b) Any community college as defined in ORS 341.005.

(2) No student shall be refused admission to a school of higher education or be expelled from such a school for the sole reason that, because of religious beliefs, the student is unable to attend classes on a particular day.

(3) Any student in a school of higher education who, because of religious beliefs, is unable to attend classes on a particular day shall be excused on that day from any examination, study requirement or work requirement. However, at the student’s own expense the student shall make up the examination, study requirement or work requirement missed because of the absence. [Formerly 351.765; 1965 c.100 347; 1993 c.45 294]

352.380 Affirmative action plan.Each institution under the jurisdiction of the State Board of Higher Education shall consider and maintain affirmative action plans and goals when reductions in faculty and staff are required as a result of:

(1) Reductions in revenue that necessitate discontinuance of its educational program at its anticipated level;

(2) Elimination of classes due to decreased student enrollment; or

(3) Reduction in courses due to administrative decisions. [1981 c.814 1]

352.385 Special campus security officers; authority; training; expense. (1) The State Board of Higher Education may, at the request of any institution under its control, authorize that institution to commission one or more of its employees as special campus security officers. However, the total number of special campus security officers commissioned at the institutions in the Oregon University System shall not exceed 50. Special campus security officers shall have stop and frisk authority as set forth in ORS 131.605 to 131.625 and probable cause arrest authority and the accompanying immunities as set forth in ORS 133.310 and 133.315 when acting in the scope of their employment as defined by the State Board of Higher Education. Special campus security officers shall not be authorized to carry firearms as police officers and, except as provided in subsection (3) of this section, shall not be considered police officers for purposes of ORS 181.610, 238.005, 243.005 or 243.736.

(2) The Department of Public Safety Standards and Training shall train special campus security officers at the expense of the State Board of Higher Education.

(3) The State Board of Higher Education, acting by and through its special campus security officers, is a criminal justice agency for purposes of rules adopted pursuant to ORS 181.730 (3). [1987 c.745 1,2; 1995 c.364 1; 1997 c.853 37]

REGIONAL SERVICES INSTITUTES

352.390 Regional services institutes; general program; location. (1) The State Board of Higher Education shall cause to have prepared and submitted to the Legislative Assembly a program and time schedule for the establishment of regional services institutes at appropriate state institutions of higher education. The program shall include academic curriculum and practical training appropriate to train students in various aspects of economic and community services planning, with particular emphasis on economic services planning for areas of the state that have common geographic, economic and social characteristics but which do not have sufficient population to qualify as standard metropolitan statistical areas.

(2) In carrying out its duties under subsection (1) of this section, the board shall consult with the Economic and Community Development Department and shall rely on the department for technical advice and, as necessary, technical services. The board shall also consult with community colleges, Oregon State University Extension Service, economic development districts and special districts providing community and economic development services in the region in order to prepare curriculum and programs with particular emphasis to streamlining existing programs, avoiding duplication and overlap of programs, better utilization of students and resources, and identification of needs in the region which are currently unaddressed.

(3) In preparing programs for establishing regional services institutes, the board shall give priority to establishing such institutes at Eastern Oregon University and Southern Oregon University. The board may also direct the hiring of an institute director and other staff as may be from time to time required. [1973 c.692 1; 1979 c.620 1; 1997 c.11 9]

352.400 Program purpose and function.Programs prepared under ORS 352.390 shall include proposals for training students and utilizing resources in the following, using the region in which the institute is located as the training area:

(1) Developing specific resources on the campus where the institute is to be located to assist with orderly and balanced economic and community services and for the development and implementation of training and assistance programs;

(2) Providing technical and research assistance on request to political subdivisions, special districts, businesses located in the region and businesses which might prospectively locate in the region;

(3) Locating markets for local manufacturers and processors and aiding local merchants in locating and contacting markets;

(4) Investigating and studying conditions affecting local business, industry and commerce and collecting and disseminating information, and engaging in technical studies, scientific investigations, and statistical research and educational activities necessary or useful for the promoting and developing local business and industry upon request of local business and industry for such aid;

(5) Assembling and coordinating information relative to the status, scope, cost and employment possibilities and the availability of materials, equipment and labor in connection with public works projects, state, county and municipal; recommending limitations on public works; gathering current progress information with respect to public works being conducted in the local area and report such information to the Oregon Economic and Community Development Commission where such sources in the region do not presently exist;

(6) Gathering, compiling and making available statistical information relating to business, trade, commerce, industry, transportation, communication, natural resources and other related subjects in the region, with reliance on other agencies of the state and the region, whether public or private, for statistical data and results obtained by them;

(7) Publishing, disseminating and distributing information and statistics acquired by the institute;

(8) Aiding the communities in the region in getting businesses to locate therein by disseminating information as to natural resources, desirable locations and other advantages of the community upon request of the community for such aid;

(9) Cooperating with municipal, county, regional and other planning agencies and planning groups within the state for the purpose of promoting coordination between the state and localities as to plans and development in order to maintain a high level of gainful employment in private profitable production and achieve commensurate advancement in social and cultural welfare; and

(10) Aiding in coordinating the activities of statewide and local planning agencies, correlating information secured from them, assisting in problem solving and resolving state department concerns on a regional level if appropriate, securing and disseminating information and suggestions to such planning agencies; and encouraging and assisting in the organization and functioning of local planning agencies where none exist. [1973 c.692 2; 1979 c.620 2; 1995 c.79 195]

352.410 [1979 c.782 1; repealed by 1987 c.246 8]

352.420 [1979 c.782 2; repealed by 1987 c.246 8]

352.430 [1979 c.782 3; repealed by 1987 c.246 8]

352.440 [1979 c.782 4; repealed by 1987 c.246 8]

STATE INSTITUTION FINANCES

352.510 University Fund from sale of university lands; use of interest; additions to principal; pledges of credit limited. The interest that may hereafter accrue on the fund arising from the sale of the university lands donated to the state by Act of Congress of February 14, 1859, is set apart, separate and distinct from the General Fund, and continuously appropriated to the maintenance, use and support of the University of Oregon. Until otherwise provided by law, no part of said interest shall be expended otherwise than in the payment of the salaries of its president, professors and teachers, and other current expenses. If at the close of any fiscal year a sum equal to $500 of said interest remains unexpended after the full payment of such salaries and expenses for said year, the same shall be added to and become a part of the principal of said fund forever. The State Board of Higher Education, the faculty or other officers of the state university shall in no case pledge the faith or credit of the university of the state in excess of the interest annually accruing on the University Fund, together with the receipts from tuitions and other sources during the current year. [Amended by 1989 c.966 38; 2005 c.755 26]

352.520 Loans of University Fund.All moneys belonging to the University Fund shall be loaned by the Department of State Lands in accordance with the provisions of ORS 327.425 to 327.455 governing loans from the Common School Fund.

352.530 Disbursement of proceeds of loans from University Fund. The Department of State Lands shall pay the interest received on loans from the University Fund to the State Board of Higher Education semiannually.

352.540 [Repealed by 1987 c.102 4]

352.550 [Repealed by 1961 c.238 1]

352.560 Oregon State University Fund. For the endowment, maintenance and support of Oregon State University, there is set apart, separate and distinct from the General Fund, and continuously appropriated the interest on the Oregon State University Fund, arising from the sale of all lands granted to the State of Oregon, or to which the state was entitled, under the Act of July 2, 1862 (12 Stat. 503), as amended, or so much thereof as may be necessary. In no case shall the interest arising from the fund be applied to the purchase of sites, or for buildings for Oregon State University, but only in the payment of the salaries of professors, officers and other current expenses. The remainder of such interest remaining over at the close of each fiscal year after the payment of such expenses shall be added to and become a part of the principal or endowment fund forever. [Amended by 1969 c.594 49; 1989 c.966 39; 2005 c.755 27]

352.570 Loans of Oregon State University Fund. All moneys belonging to the Oregon State University Fund shall be loaned by the Department of State Lands in accordance with ORS 327.425 to 327.455, governing loans from the Common School Fund. [Amended by 1969 c.594 50]

352.580 Disbursement of proceeds of loans from Oregon State University Fund. The Department of State Lands shall pay the interest received on loans from the Oregon State University Fund to the State Board of Higher Education semiannually. [Amended by 1969 c.594 51]

352.590 [Repealed by 1961 c.238 1]

352.600 J. T. Apperson Agricultural College Educational Fund. Oregon State University shall execute the trust created by the last will and testament of John T. Apperson, deceased. The university shall administer the fund provided for and designated in the will as the J. T. Apperson Agricultural College Educational Fund. [Amended by 1969 c.594 52; 1995 c.118 1]

352.610 General powers and duties of trustee. Oregon State University may accept, receive, own, hold, sell and dispose of any and all real and personal property given, devised or bequeathed to the State Land Board by John T. Apperson in trust for the purpose of creating the J. T. Apperson Agricultural College Educational Fund. The university shall manage and use it in accordance with the directions contained in the will of John T. Apperson, deceased, for the purpose of defraying the expenses and assisting in the education at Oregon State University of deserving young men and women who are actual bona fide residents of Oregon and are unable to bear the expense of a collegiate course at that institution. [Amended by 1969 c.594 53; 1995 c.118 2]

352.620 Execution of instruments. Oregon State University may execute all deeds, conveyances, contracts, mortgage releases and all other instruments necessary to be executed in carrying out the terms of the trust referred to in ORS 352.600. All such deeds and other instruments may be executed in manner and form as prescribed by the university and shall be entitled to record without acknowledgment. [Amended by 1969 c.594 54; 1995 c.118 3]

352.630 Payment of expenses; rulemaking. All necessary expenses incurred by Oregon State University in connection with the administration of the trust referred to in ORS 352.600 shall be payable out of the fund referred to in that section. The State Board of Higher Education or the university if authority is delegated under ORS 351.070 may make such rules as it considers necessary for the transaction of business and carrying out ORS 352.600 to 352.630. [Amended by 1969 c.594 55; 1995 c.118 4]

352.640 [Amended by 1969 c.594 56; 1975 c.605 19; repealed by 1987 c.246 8]

352.650 Deposit of Apperson and Burbank funds. Whenever there remains in the hands of the trustee of the J. T. Apperson Agricultural College Educational Fund or of the Burbank Trust Fund any portion of either of such funds not then required for investment or loan purposes, the trustee may require the State Treasurer to deposit such fund or portions thereof, until the same is required by it, in qualified state depositories in the same manner as state funds belonging to the State of Oregon are deposited therein, but separate and distinct from the General Fund. Any interest received from the deposit of any such trust funds shall be credited to the particular fund on which such interest was earned. [Amended by 1989 c.966 40]

CLINICAL LEGAL EDUCATION PROGRAMS

352.655 Domestic Violence Clinical Legal Education Account. The Domestic Violence Clinical Legal Education Account is created within the General Fund. The account shall consist of moneys paid into the account under ORS 21.111 (4). Moneys credited to the account are continuously appropriated to the Department of Higher Education, and may be used only for the purpose of funding clinical legal education programs at accredited institutions of higher education that provide civil legal services to victims of domestic violence, stalking or sexual assault. The department may provide funding to a program from the account only if the program operates in conjunction with at least one nonprofit service provider to victims of domestic violence, stalking or sexual assault, and as part of the program the provider performs victim counseling services and student training. The department shall distribute moneys from the account to programs in amounts that are proportional to the number of victims of domestic violence, stalking or sexual assault served by the program in the preceding year as compared to the number of victims of domestic violence, stalking or sexual assault served by all programs in the preceding year. [2007 c.666 3]

Note: 352.655 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.660 [Repealed by 1961 c.238 1]

POLICY ON INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION

352.665 Legislative findings. The Legislative Assembly finds that:

(1) The current and future need for higher education services in Oregon is too great and too diverse to be met by government-sponsored institutions alone.

(2) From the early 1840s the citizens of Oregon, through private initiative, have created and sustained a variety of independent not-for-profit institutions of higher education, irrevocably organized as public benefit corporations in service to the people of Oregon. For the purposes of ORS 352.665 to 352.675, “independent institutions†or “independent higher education†refers to such institutions.

(3) These independent institutions:

(a) Conduct teaching, research and public service of high quality, contributing substantially to the preparation of a professional workforce, to the intellectual and cultural quality of life in Oregon and to the individual character of social responsibility so highly prized in this state and nation;

(b) Provide a major share of all post-secondary education in Oregon, at the lowest cost to the taxpayer;

(c) Add meaningful and valued diversity to the array of post-secondary educational opportunities available to Oregonians;

(d) Are accessible to qualified students of all ethnic backgrounds and from all socioeconomic levels;

(e) Annually attract thousands of talented people to Oregon from other regions of the country and the world;

(f) Provide unique local opportunities in higher education that many Oregonians would otherwise leave the state to find;

(g) Attract and sustain voluntary donations of private time, treasure and talent from thousands of citizens in public service toward fulfilling the educational needs of the larger community; and

(h) Constitute a sizable economic enterprise.

(4) The educational capital and services of these independent institutions are essential to meeting the current and future higher educational needs of Oregon’s citizens. [1993 c.325 1]

Note: 352.665 to 352.675 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 352 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

352.667 Public purpose to encourage and increase opportunities in independent higher education. Based on the legislative findings described in ORS 352.665, the Legislative Assembly declares that it is an important public interest to encourage and increase opportunities in independent higher education for the people of Oregon. [1993 c.325 2]

Note: See note under 352.665.

352.669 Policies and practices of state agencies. The Legislative Assembly declares that all state agencies, in particular state institutions of higher education, should pursue policies and engage in practices that enhance the vitality of independent higher education in Oregon and should cooperate with the state’s independent institutions. [1993 c.325 3]

Note: See note under 352.665.

352.670 [Repealed by 1961 c.238 1]

352.672 State financial aid for students. The Legislative Assembly declares that it is an important public interest, and an appropriate objective of the state, that Oregonians who need financial assistance to attend an independent institution in Oregon should have access to state financial aid. [1993 c.325 4]

Note: See note under 352.665.

352.675 State policies to enhance and encourage independent higher education. The Legislative Assembly declares its ongoing interest in state policies that:

(1) Enhance the ability of independent institutions to sustain and expand their services in Oregon;

(2) Complement, assist and strengthen existing or planned programs and activities of independent institutions in Oregon while maintaining high academic and administrative standards;

(3) Encourage broad public participation in independent higher education;

(4) Promote coordination among independent and community colleges and state universities;

(5) Stimulate and encourage private initiative and financial support in connection with the programs and activities of independent higher education;

(6) Encourage recognition of the contributions made by independent higher education to the well-being of the state and to the development of the individual; and

(7) Develop, maintain and provide the public with sufficient information concerning independent educational opportunities within the state. [1993 c.325 5; 1997 c.11 10]

Note: See note under 352.665.

352.680 [Repealed by 1961 c.238 1]

AID TO INDEPENDENT INSTITUTIONS

352.710 Policy. It is hereby determined and declared as a matter of legislative finding that:

(1) Independent institutions of higher education in the state educate a substantial share of all post-secondary students in Oregon and such nonpublic institutions make an important contribution to post-secondary education in Oregon.

(2) The state’s duty to support the achieving of public welfare purposes in education may be, in part, fulfilled by the state’s support of those nonsectarian educational objectives achieved through nonpublic post-secondary institutions.

(3) Many of Oregon’s private and independent institutions of higher learning face serious financial difficulties and, should any of these institutions be forced to close, many of their students would seek admission in public institutions creating an added financial burden to the state and an impairment of post-secondary education in Oregon. Such hazards may be substantially reduced and all education in the state improved through the purchase of nonsectarian educational services from Oregon’s private and independent institutions. [1971 c.693 1]

352.720 Definitions for ORS 352.710 to 352.760. As used in ORS 352.710 to 352.760, unless the context requires otherwise:

(1) “Commission†means the Oregon Student Assistance Commission.

(2) “Private and independent institutions of higher education†or “institution†means any nonpublic and nonprofit college or university in the State of Oregon accredited by the Northwest Association of Schools and Colleges and any chiropractic college located in this state and accredited by the Commission on Accreditation of the Council on Chiropractic Education, or its successor.

(3) “Nonsectarian educational services†means the providing of instruction in secular subjects.

(4) “Secular subjects†means any course which is presented in the curriculum of a private and independent institution of higher education which is not hobby or recreational in nature or which does not advocate the religious teachings or the morals or forms of worship of any sect. [1971 c.693 2; 1973 c.721 6; 1977 c.735 1; 1977 c.768 2; 1978 c.1 4; 1989 c.845 3; 1999 c.704 20]

352.730 Contracts with independent institutions for nonsectarian and nonreligious educational services. (1) The Oregon Student Assistance Commission may enter into contracts with private and independent institutions of higher education for the performance of nonsectarian educational services to assist the state in providing educational opportunities for Oregon students.

(2) The commission may accept grants, gifts, bequests, and devises of real and personal property to carry out the purposes of ORS 352.710 to 352.760.

(3) No funds disbursed pursuant to ORS 352.710 to 352.760 shall be used by any recipient for any religious purpose. [1971 c.693 3; 1981 c.213 1]

352.740 Computation of payments under contracts. Payments to private and independent institutions of higher education under contracts entered into under ORS 352.730 shall be determined by the Oregon Student Assistance Commission on a uniform rate for every 45 quarter hours, or equivalent, of approved and registered course work in nonsectarian subjects completed by undergraduate students enrolled in the institutions who are residents of Oregon, and shall not exceed the actual cost to the institution of providing such educational services. This uniform rate shall apply to the estimated 45-hour units for each institution upon which the legislative appropriation is based for that year, or the actual 45-hour units for each institution, whichever is the lesser. Any remaining funds shall be distributed among those institutions whose actual 45-hour units exceed the estimate. The distribution to each institution shall be according to the uniform rate established for the 45-hour units or an amount equal to the ratio that the excess units bear to 45. However, if insufficient funds are available for such a distribution, then the distribution shall be according to the ratio that the total number of 45-hour units in excess of the estimate bears to the total amount of funds remaining undistributed, multiplied by the number of excess 45-hour units, if any, at each institution. [1971 c.693 4; 1973 c.815 5; 1977 c.768 1]

352.750 Rules. In accordance with any applicable provisions of ORS chapter 183, the Oregon Student Assistance Commission may make such reasonable rules and regulations as are necessary or proper to carry out ORS 352.710 to 352.760. [1971 c.693 5]

352.760 Severability. If a part of ORS 352.710 to 352.760 is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of ORS 352.710 to 352.760 is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. [1971 c.693 7]

FINANCE OF EDUCATIONAL FACILITIES BY MUNICIPALITY

352.790 Definitions for ORS 352.790 to 352.820. As used in ORS 352.790 to 352.820, unless the context requires otherwise:

(1) “Education facilities†means real or personal property owned or operated by an educational institution and used to provide post-secondary education. “Education facilities†includes administrative offices, student and staff parking and on-campus dormitories, but does not include property used for sectarian instruction nor used primarily as a place of religious worship or as a part of a program of a school or department of divinity for any religious denomination or for the religious training of ministers, priests, rabbis or other similar persons in the field of religion.

(2) “Education facilities costs†means all costs of acquiring, constructing and improving education facilities, and capitalized interest, reserves, costs of credit enhancements and costs of issuing and paying revenue bonds.

(3) “Education facility revenues†means repayments of loans authorized by ORS 352.800 (3), and any moneys derived from rights or property which are security for such a loan.

(4) “Educational institution†means any nonprofit institution located in this state which grants post-secondary degrees and is accredited by the Northwest Association of Schools and Colleges or affiliated nonprofit foundations whose role is to further the mission of qualified institutions.

(5) “Municipality†means any city or county.

(6) “Revenue bond†means a revenue bond as defined in ORS 287A.001 that is issued by a municipality pursuant to ORS 352.790 to 352.820. [1987 c.812 1; 2007 c.783 153]

352.795 Finance of education facilities by municipalities. In order to provide the people of this state with access to quality post-secondary education at a reasonable cost, and to provide an educated workforce which promotes economic development within this state, the Legislative Assembly authorizes municipalities to finance education facilities in accordance with ORS 352.790 to 352.820. [1987 c.812 2]

352.800 Powers of municipality.Except as otherwise provided in ORS 352.810, a municipality shall have all powers necessary to finance education facilities in accordance with ORS 352.790 to 352.820, including the power:

(1) To borrow money and to issue revenue bonds to finance education facilities costs or to refund revenue bonds pursuant to ORS 287A.150.

(2) To pledge education facility revenues to pay revenue bonds.

(3) To loan money to educational institutions to finance education facilities and to enter into loan contracts.

(4) To enter into covenants with the owners of revenue bonds which are intended to protect the rights of such owners.

(5) To contract with trustees to hold and administer education facility revenues and the proceeds of revenue bonds.

(6) To take any other action necessary to carry out the powers granted by ORS 352.790 to 352.820. [1987 c.812 3; 2007 c.783 154]

352.805 Revenue bonds; issuance; trust funds; pledge; terms; legal effect. (1) Revenue bonds shall be payable solely from that portion of education facility revenues which the municipality pledges therefor in the resolution authorizing issuance of revenue bonds.

(2) A municipality may authorize the issuance of revenue bonds by resolution or nonemergency ordinance under the procedure described in ORS 287A.150.

(3) The resolution may provide for the establishment of one or more special funds and may place such funds under the control of one or more trustees. The resolution may obligate the municipality to deposit and expend the proceeds of the revenue bonds only into and from such fund or funds, and to set aside and pay into such fund or funds specified education facility revenues.

(4) Any pledge of education facility revenues made by a municipality shall be valid and binding, without physical delivery or additional action, from the time that the pledge is made against any parties having subsequent claims of any kind in tort, contract or otherwise against a municipality or an educational institution, irrespective of whether such parties have actual notice thereof. The pledge shall be noted in the resolution authorizing issuance of revenue bonds, which shall be constructive notice thereof to all parties and the resolution need not be recorded, nor shall the filing of any financing statement under the Uniform Commercial Code be required to perfect such pledge.

(5) The municipality may establish the terms under which its revenue bonds shall be issued and sold.

(6) All revenue bonds issued pursuant to ORS 352.790 to 352.820 shall be legal securities which may be used by any insured institution or trust company, as those terms are defined in ORS 706.008, for deposit with the State Treasurer or a county treasurer or city treasurer as security for deposits in lieu of a surety bond under any law relating to deposits of public moneys. The revenue bond shall constitute legal investments for public bodies, trustees and other fiduciaries, banks, savings and loan associations and insurance companies. All revenue bonds shall constitute negotiable instruments within the meaning of and for all purposes of the law of this state. [1987 c.812 4; 1997 c.631 465; 2003 c.195 27; 2007 c.783 155]

352.810 Revenue bonds secured by educational facility revenues. Revenue bonds shall not be a general bond of any municipality nor a charge upon the tax revenues of any municipality, and shall be secured solely by the education facility revenues pledged to their payment. [1987 c.812 5]

352.815 Municipalities acting jointly.All powers and duties provided in ORS 352.790 to 352.820 may be exercised or discharged by two or more municipalities acting jointly. A municipality may issue revenue bonds to finance education facilities located within the boundaries of another municipality. [1987 c.812 6]

352.820 Investment of revenues.Notwithstanding ORS chapter 294, education facility revenues and the proceeds of revenue bonds may be invested in any classes of security which are described in the resolution authorizing issuance of the revenue bonds or are otherwise approved by the municipality. [1987 c.812 7]

352.990 [Subsection (2) enacted as 1959 c.569 6; 1969 c.622 2; 1983 c.186 2; 1983 c.338 917; 1985 c.16 475; repealed by 1987 c.158 63 and 1987 c.246 8]

_______________

Chapter 244 — Government Ethics

Chapter 244 — Government Ethics

 

2007 EDITION

 

GOVERNMENT ETHICS

 

PUBLIC OFFICERS AND EMPLOYEES

 

GENERAL PROVISIONS

 

244.010     Policy

 

244.020     Definitions

 

244.025     Gift limit; entertainment prohibition

 

244.040     Prohibited use of official position or office; exceptions; other prohibited actions

 

244.042     Honoraria

 

244.045     Regulation of subsequent employment of public officials; lobbying by former members of Legislative Assembly

 

244.047     Financial interest in public contract

 

REPORTING

 

244.050     Persons required to file statement of economic interest; filing deadline

 

244.055     Additional reporting requirements for State Treasury; review; confidentiality

 

244.060     Form of statement of economic interest

 

244.070     Additional statement of economic interest

 

244.090     Report on association with compensated lobbyist

 

244.100     Statements of expenses, honoraria or income received; statements to be provided to public official

 

244.105     Quarterly filing of statements

 

244.110     Statements subject to penalty for false swearing

 

244.115     Filing required for member of Congress or candidate; filing date

 

CONFLICTS OF INTEREST

 

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

 

244.130     Recording of notice of conflict; effect of failure to disclose conflict

 

244.135     Method of handling conflicts by planning commission members

 

APPLICATION OF CHAPTER

 

244.160     Filing of statement of economic interest by public official of political subdivision other than city or county

 

244.162     Information provided to persons required to file statement of economic interest

 

244.165     Rules or policies of state agency or association of public bodies; commission approval; effect

 

NEPOTISM

 

244.175     Definitions for ORS 244.177 and 244.179

 

244.177     Employment of relative or member of household; exceptions

 

244.179     Supervision of relative or member of household; exceptions

 

LEGAL EXPENSE TRUST FUND

 

244.205     Legal expense trust fund; establishment; eligible legal expenses

 

244.207     Use of fund proceeds

 

244.209     Application to establish fund; commission review and authorization

 

244.211     Duties of trustee; persons ineligible to be trustee

 

244.213     Contributions to fund

 

244.215     Fund account

 

244.217     Statement of contributions received and expenditures made

 

244.219     Termination of fund

 

244.221     Disposition of moneys in terminated fund; distribution of award of attorney fees, costs or money judgment

 

COMMISSION

 

244.250     Oregon Government Ethics Commission; appointment; term; quorum; compensation; legal counsel

 

244.255     Commission funding

 

244.260     Complaint and adjudicatory process; confidential Preliminary Review Phase; Investigatory Phase; possible actions by order; report of findings; contested case procedure; limitation on commission action

 

244.270     Findings as grounds for removal; notice to public bodies

 

244.280     Commission advisory opinions; effect of reliance on opinion

 

244.282     Executive director advisory opinions; effect of reliance on opinion

 

244.284     Staff advisory opinions; effect of reliance on opinion

 

244.290     General duties of commission; rules

 

244.300     Status of records

 

244.310     Executive director

 

244.320     Manual on government ethics; revision

 

244.330     Distribution of manual on government ethics

 

244.340     Continuing education program

 

244.345     Oregon Government Ethics Commission Account

 

ENFORCEMENT

 

244.350     Civil penalties; letter of reprimand or explanation

 

244.355     Failure to file trading statement

 

244.360     Additional civil penalty equal to twice amount of financial benefit

 

244.370     Civil penalty procedure; disposition of penalties

 

244.380     Additional sanctions for failure to file statement of economic interest

 

244.390     Status of penalties and sanctions; consideration of other penalties imposed

 

244.400     Attorney fees for person prevailing in contested case

 

 

GENERAL PROVISIONS

 

244.010 Policy. (1) The Legislative Assembly declares that service as a public official is a public trust and that, as one safeguard for that trust, the people require all public officials to comply with the applicable provisions of this chapter.

(2) The Legislative Assembly recognizes that it is the policy of the state to have serving on many state and local boards and commissions state and local officials who may have potentially conflicting public responsibilities by virtue of their positions as public officials and also as members of the boards and commissions, and declares it to be the policy of the state that the holding of such offices does not constitute the holding of incompatible offices unless expressly stated in the enabling legislation. [1974 c.72 §§1,1a; 1987 c.566 §7; 2005 c.22 §185; 2007 c.865 §28]

 

244.020 Definitions. As used in this chapter, unless the context requires otherwise:

(1) “Actual conflict of interest†means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which would be to the private pecuniary benefit or detriment of the person or the person’s relative or any business with which the person or a relative of the person is associated unless the pecuniary benefit or detriment arises out of circumstances described in subsection (11) of this section.

(2) “Business†means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual and any other legal entity operated for economic gain but excluding any income-producing not-for-profit corporation that is tax exempt under section 501(c) of the Internal Revenue Code with which a public official or a relative of the public official is associated only as a member or board director or in a nonremunerative capacity.

(3) “Business with which the person is associated†means:

(a) Any private business or closely held corporation of which the person or the person’s relative is a director, officer, owner or employee, or agent or any private business or closely held corporation in which the person or the person’s relative owns or has owned stock, another form of equity interest, stock options or debt instruments worth $1,000 or more at any point in the preceding calendar year;

(b) Any publicly held corporation in which the person or the person’s relative owns or has owned $100,000 or more in stock or another form of equity interest, stock options or debt instruments at any point in the preceding calendar year;

(c) Any publicly held corporation of which the person or the person’s relative is a director or officer; or

(d) For public officials required to file a statement of economic interest under ORS 244.050, any business listed as a source of income as required under ORS 244.060 (3).

(4) “Development commission†means any entity which has the authority to purchase, develop, improve or lease land or the authority to operate or direct the use of land. This authority must be more than ministerial.

(5)(a) “Gift†means something of economic value given to a public official or a relative or member of the household of the public official:

(A) Without valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, which is not extended to others who are not public officials or the relatives or members of the household of public officials on the same terms and conditions; or

(B) For valuable consideration less than that required from others who are not public officials.

(b) “Gift†does not mean:

(A) Contributions as defined in ORS 260.005.

(B) Gifts from relatives or members of the household of the public official.

(C) An unsolicited token or award of appreciation in the form of a plaque, trophy, desk item, wall memento or similar item, with a resale value reasonably expected to be less than $25.

(D) Informational material, publications or subscriptions related to the recipient’s performance of official duties.

(E) Admission provided to or the cost of food or beverage consumed by a public official, or a member of the household or staff of the public official when accompanying the public official, at a reception, meal or meeting held by an organization before whom the public official appears to speak or to answer questions as part of a scheduled program.

(F) Reasonable expenses paid by any unit of the federal government, a state or local government, a Native American tribe that is recognized by federal law or formally acknowledged by a state, a membership organization to which a public body as defined in ORS 174.109 pays membership dues or a not-for-profit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code and that receives less than five percent of its funding from for-profit organizations or entities, for attendance at a convention, fact-finding mission or trip, or other meeting if the public official is scheduled to deliver a speech, make a presentation, participate on a panel or represent state government as defined in ORS 174.111, a local government as defined in ORS 174.116 or a special government body as defined in ORS 174.117.

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

(H) Reasonable food, travel or lodging expenses provided to a public official, a relative of the public official accompanying the public official, a member of the household of the public official accompanying the public official or a staff member of the public official accompanying the public official, when the public official is representing state government as defined in ORS 174.111, a local government as defined in ORS 174.116 or a special government body as defined in ORS 174.117:

(i) On an officially sanctioned trade-promotion or fact-finding mission; or

(ii) In officially designated negotiations, or economic development activities, where receipt of the expenses is approved in advance.

(I) Food or beverage consumed by a public official acting in an official capacity:

(i) In association with the review, approval, execution of documents or closing of a borrowing, investment or other financial transaction, including any business agreement between state government as defined in ORS 174.111, a local government as defined in ORS 174.116 or a special government body as defined in ORS 174.117 and a private entity or public body as defined in ORS 174.109;

(ii) While engaged in due diligence research or presentations by the office of the State Treasurer related to an existing or proposed investment or borrowing; or

(iii) While engaged in a meeting of an advisory, governance or policy-making body of a corporation, partnership or other entity in which the office of the State Treasurer has invested moneys.

(J) Waiver or discount of registration expenses or materials provided to a public official at a continuing education event that the public official may attend to satisfy a professional licensing requirement.

(K) Expenses provided by one public official to another public official for travel inside this state to or from an event that bears a relationship to the receiving public official’s office and at which the official participates in an official capacity.

(L) Food or beverage consumed by a public official at a reception where the food or beverage is provided as an incidental part of the reception and no cost is placed on the food or beverage.

(M) Entertainment provided to a public official or a relative or member of the household of the public official that is incidental to the main purpose of another event.

(N) Entertainment provided to a public official or a relative or member of the household of the public official where the public official is acting in an official capacity while representing state government as defined in ORS 174.111, a local government as defined in ORS 174.116 or a special government body as defined in ORS 174.117 for a ceremonial purpose.

(6) “Honorarium†means a payment or something of economic value given to a public official in exchange for services upon which custom or propriety prevents the setting of a price. Services include, but are not limited to, speeches or other services rendered in connection with an event.

(7) “Income†means income of any nature derived from any source, including, but not limited to, any salary, wage, advance, payment, dividend, interest, rent, honorarium, return of capital, forgiveness of indebtedness, or anything of economic value.

(8) “Legislative or administrative interest†means an economic interest, distinct from that of the general public, in one or more bills, resolutions, regulations, proposals or other matters subject to the action or vote of a person acting in the capacity of a public official.

(9) “Member of the household†means any person who resides with the public official.

(10) “Planning commission†means a county planning commission created under ORS chapter 215 or a city planning commission created under ORS chapter 227.

(11) “Potential conflict of interest†means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or the person’s relative, or a business with which the person or the person’s relative is associated, unless the pecuniary benefit or detriment arises out of the following:

(a) An interest or membership in a particular business, industry, occupation or other class required by law as a prerequisite to the holding by the person of the office or position.

(b) Any action in the person’s official capacity which would affect to the same degree a class consisting of all inhabitants of the state, or a smaller class consisting of an industry, occupation or other group including one of which or in which the person, or the person’s relative or business with which the person or the person’s relative is associated, is a member or is engaged.

(c) Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under section 501(c) of the Internal Revenue Code.

(12) “Public office†has the meaning given that term in ORS 260.005.

(13) “Public official†means any person who, when an alleged violation of this chapter occurs, is serving the State of Oregon or any of its political subdivisions or any other public body as defined in ORS 174.109 as an elected official, appointed official, employee, agent or otherwise, irrespective of whether the person is compensated for the services.

(14) “Relative†means:

(a) The spouse of the public official;

(b) The domestic partner of the public official;

(c) Any children of the public official or of the public official’s spouse;

(d) Siblings, spouses of siblings or parents of the public official or of the public official’s spouse;

(e) Any individual for whom the public official has a legal support obligation; or

(f) Any individual for whom the public official provides benefits arising from the public official’s public employment or from whom the public official receives benefits arising from that individual’s employment.

(15) “Statement of economic interest†means a statement as described by ORS 244.060, 244.070 or 244.100.

(16) “Zoning commission†means an entity to which is delegated at least some of the discretionary authority of a planning commission or governing body relating to zoning and land use matters. [1974 c.72 §2; 1975 c.543 §1; 1977 c.588 §2; 1979 c.666 §5; 1987 c.566 §8; 1989 c.340 §2; 1991 c.73 §1; 1991 c.770 §5; 1993 c.743 §8; 1995 c.79 §85; 1997 c.249 §75; 2001 c.200 §1; 2003 c.14 §115; 2005 c.574 §1; 2007 c.865 §8; 2007 c.877 §16a]

 

244.025 Gift limit; entertainment prohibition. (1) During a calendar year, a public official, a candidate for public office or a relative or member of the household of the public official or candidate may not solicit or receive, directly or indirectly, any gift or gifts with an aggregate value in excess of $50 from any single source that could reasonably be known to have a legislative or administrative interest in any governmental agency in which the public official holds, or the candidate if elected would hold, any official position or over which the public official exercises, or the candidate if elected would exercise, any authority.

(2) During a calendar year, a person who has a legislative or administrative interest in any governmental agency in which a public official holds any official position or over which the public official exercises any authority may not offer to the public official or a relative or member of the household of the public official any gift or gifts with an aggregate value in excess of $50.

(3) During a calendar year, a person who has a legislative or administrative interest in any governmental agency in which a candidate for public office if elected would hold any official position or over which the candidate if elected would exercise any authority may not offer to the candidate or a relative or member of the household of the candidate any gift or gifts with an aggregate value in excess of $50.

(4) Notwithstanding subsection (1) of this section:

(a) A public official, a candidate for public office or a relative or member of the household of the public official or candidate may not solicit or receive, directly or indirectly, any gift of payment of expenses for entertainment from any single source that could reasonably be known to have a legislative or administrative interest in any governmental agency in which the public official holds, or the candidate if elected would hold, any official position or over which the public official exercises, or the candidate if elected would exercise, any authority.

(b) A person who has a legislative or administrative interest in any governmental agency in which a public official holds any official position or over which the public official exercises any authority may not offer to the public official or a relative or member of the household of the public official any gift of payment of expenses for entertainment.

(c) A person who has a legislative or administrative interest in any governmental agency in which a candidate for public office if elected would hold any official position or over which the candidate if elected would exercise any authority may not offer to the candidate or a relative or member of the household of the candidate any gift of payment of expenses for entertainment.

(5) This section does not apply to public officials subject to the Oregon Code of Judicial Conduct. [2007 c.877 §18]

 

244.030 [1974 c.72 §24; repealed by 2007 c.865 §41]

 

244.040 Prohibited use of official position or office; exceptions; other prohibited actions. (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.

(c) Reimbursement of expenses.

(d) An unsolicited award for professional achievement.

(e) Gifts that do not exceed the limits specified in ORS 244.025 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 in a governmental agency in which the official holds any official position or over which the official exercises any authority.

(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 in a governmental agency in which the official holds any official position or over which the official exercises any authority.

(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.

(h) Contributions made to a legal expense trust fund established under ORS 244.209 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 person who has ceased to be a 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) 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. [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]

 

244.042 Honoraria. (1) Except as provided in subsection (3) of this section, a public official may not solicit or receive, whether directly or indirectly, honoraria for the public official or any member of the household of the public official if the honoraria are solicited or received in connection with the official duties of the public official.

(2) Except as provided in subsection (3) of this section, a candidate for public office may not solicit or receive, whether directly or indirectly, honoraria for the candidate or any member of the household of the candidate if the honoraria are solicited or received in connection with the official duties of the public office for which the person is a candidate.

(3) This section does not prohibit:

(a) The solicitation or receipt of an honorarium or a certificate, plaque, commemorative token or other item with a value of $50 or less; or

(b) The solicitation or receipt of an honorarium for services performed in relation to the private profession, occupation, avocation or expertise of the public official or candidate. [2007 c.877 §24]

 

244.045 Regulation of subsequent employment of public officials; lobbying by former members of Legislative Assembly. (1) A person who has been a Public Utility Commissioner, the Director of the Department of Consumer and Business Services, the Administrator of the Division of Finance and Corporate Securities, the Administrator of the Insurance Division, the Administrator of the Oregon Liquor Control Commission or the Director of the Oregon State Lottery shall not:

(a) Within one year after the public official ceases to hold the position become an employee of or receive any financial gain, other than reimbursement of expenses, from any private employer engaged in the activity, occupation or industry over which the former public official had authority; or

(b) Within two years after the public official ceases to hold the position:

(A) Be a lobbyist for or appear as a representative before the agency over which the person exercised authority as a public official;

(B) Influence or try to influence the actions of the agency; or

(C) Disclose any confidential information gained as a public official.

(2) A person who has been a Deputy Attorney General or an assistant attorney general shall not, within two years after the person ceases to hold the position, lobby or appear before an agency that the person represented while employed by the Department of Justice.

(3) A person who has been the State Treasurer or the Chief Deputy State Treasurer shall not, within one year after ceasing to hold office:

(a) Accept employment from or be retained by any private entity with whom the office of the State Treasurer or the Oregon Investment Council negotiated or to whom either awarded a contract providing for payment by the state of at least $25,000 in any single year during the term of office of the treasurer;

(b) Accept employment from or be retained by any private entity with whom the office of the State Treasurer or the Oregon Investment Council placed at least $50,000 of investment moneys in any single year during the term of office of the treasurer; or

(c) Be a lobbyist for an investment institution, manager or consultant, or appear before the office of the State Treasurer or Oregon Investment Council as a representative of an investment institution, manager or consultant.

(4) A public official who as part of the official’s duties invested public funds shall not within two years after the public official ceases to hold the position:

(a) Be a lobbyist or appear as a representative before the agency, board or commission for which the former public official invested public funds;

(b) Influence or try to influence the agency, board or commission; or

(c) Disclose any confidential information gained as a public official.

(5)(a) A person who has been a member of the Department of State Police, who has held a position with the department with the responsibility for supervising, directing or administering programs relating to gaming by a Native American tribe or the Oregon State Lottery and who has been designated by the Superintendent of State Police by rule shall not, within one year after the member of the Department of State Police ceases to hold the position:

(A) Accept employment from or be retained by or receive any financial gain related to gaming from the Oregon State Lottery or any Native American tribe;

(B) Accept employment from or be retained by or receive any financial gain from any private employer selling or offering to sell gaming products or services;

(C) Influence or try to influence the actions of the Department of State Police; or

(D) Disclose any confidential information gained as a member of the Department of State Police.

(b) This subsection does not apply to:

(A) Appointment or employment of a person as an Oregon State Lottery Commissioner or as a Tribal Gaming Commissioner or regulatory agent thereof;

(B) Contracting with the Oregon State Lottery as a lottery game retailer;

(C) Financial gain received from personal gaming activities conducted as a private citizen; or

(D) Subsequent employment in any capacity by the Department of State Police.

(c) As used in this subsection, “Native American tribe†means any recognized Native American tribe or band of tribes authorized by the Indian Gaming Regulatory Act of October 17, 1988 (Public Law 100-497), 25 U.S.C. 2701 et seq., to conduct gambling operations on tribal land.

(6) A person who has been a member of the Legislative Assembly may not receive money or any other consideration for lobbying as defined in ORS 171.725 performed during the period beginning on the date the person ceases to be a member of the Legislative Assembly and ending on the date of adjournment sine die of the next regular session of the Legislative Assembly that begins after the date the person ceases to be a member of the Legislative Assembly. [1987 c.360 §1; 1993 c.743 §10; 1995 c.79 §86; 1997 c.750 §1; 2007 c.877 §15]

 

Note: Section 15b, chapter 877, Oregon Laws 2007, provides:

Sec. 15b. (1) For purposes of ORS 244.045 (6), if a special session of the Legislative Assembly is held in calendar year 2008 or 2010, the first special session held in that calendar year is considered a regular session of the Legislative Assembly.

(2) This section is repealed January 1, 2011. [2007 c.877 §15b]

 

244.047 Financial interest in public contract. (1) As used in this section:

(a) “Public body†has the meaning given that term in ORS 174.109.

(b) “Public contract†has the meaning given that term in ORS 279A.010.

(2) Except as provided in subsection (3) of this section, a person may not, for two years after the person ceases to hold a position as a public official, have a direct beneficial financial interest in a public contract that was authorized by:

(a) The person acting in the capacity of a public official; or

(b) A board, commission, council, bureau, committee or other governing body of a public body of which the person was a member when the contract was authorized.

(3) Subsection (2) of this section does not apply to a person who was a member of a board, commission, council, bureau, committee or other governing body of a public body when the contract was authorized, but who did not participate in the authorization of the contract. [2007 c.877 §23a]

 

REPORTING

 

244.050 Persons required to file statement of economic interest; filing deadline. (1) On or before April 15 of each year the following persons shall file with the Oregon Government Ethics Commission a verified statement of economic interest as required under this chapter:

(a) The Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, Superintendent of Public Instruction, district attorneys and members of the Legislative Assembly.

(b) Any judicial officer, including justices of the peace and municipal judges, except any pro tem judicial officer who does not otherwise serve as a judicial officer.

(c) Any candidate for a public office designated in paragraph (a) or (b) of this subsection.

(d) The Deputy Attorney General.

(e) The Legislative Administrator, the Legislative Counsel, the Legislative Fiscal Officer, the Secretary of the Senate and the Chief Clerk of the House of Representatives.

(f) The Chancellor and Vice Chancellors of the Oregon University System and the president and vice presidents, or their administrative equivalents, in each institution under the jurisdiction of the State Board of Higher Education.

(g) The following state officers:

(A) Adjutant General.

(B) Director of Agriculture.

(C) Manager of State Accident Insurance Fund Corporation.

(D) Water Resources Director.

(E) Director of Department of Environmental Quality.

(F) Director of Oregon Department of Administrative Services.

(G) State Fish and Wildlife Director.

(H) State Forester.

(I) State Geologist.

(J) Director of Human Services.

(K) Director of the Department of Consumer and Business Services.

(L) Director of the Department of State Lands.

(M) State Librarian.

(N) Administrator of Oregon Liquor Control Commission.

(O) Superintendent of State Police.

(P) Director of the Public Employees Retirement System.

(Q) Director of Department of Revenue.

(R) Director of Transportation.

(S) Public Utility Commissioner.

(T) Director of Veterans’ Affairs.

(U) Executive Director of Oregon Government Ethics Commission.

(V) Director of the State Department of Energy.

(W) Director and each assistant director of the Oregon State Lottery.

(h) Any assistant in the Governor’s office other than personal secretaries and clerical personnel.

(i) Every elected city or county official.

(j) Every member of a city or county planning, zoning or development commission.

(k) The chief executive officer of a city or county who performs the duties of manager or principal administrator of the city or county.

(L) Members of local government boundary commissions formed under ORS 199.410 to 199.519.

(m) Every member of a governing body of a metropolitan service district and the executive officer thereof.

(n) Each member of the board of directors of the State Accident Insurance Fund Corporation.

(o) The chief administrative officer and the financial officer of each common and union high school district, education service district and community college district.

(p) Every member of the following state boards and commissions:

(A) Board of Geologic and Mineral Industries.

(B) Oregon Economic and Community Development Commission.

(C) State Board of Education.

(D) Environmental Quality Commission.

(E) Fish and Wildlife Commission of the State of Oregon.

(F) State Board of Forestry.

(G) Oregon Government Ethics Commission.

(H) Oregon Health Policy Commission.

(I) State Board of Higher Education.

(J) Oregon Investment Council.

(K) Land Conservation and Development Commission.

(L) Oregon Liquor Control Commission.

(M) Oregon Short Term Fund Board.

(N) State Marine Board.

(O) Mass transit district boards.

(P) Energy Facility Siting Council.

(Q) Board of Commissioners of the Port of Portland.

(R) Employment Relations Board.

(S) Public Employees Retirement Board.

(T) Oregon Racing Commission.

(U) Oregon Transportation Commission.

(V) Wage and Hour Commission.

(W) Water Resources Commission.

(X) Workers’ Compensation Board.

(Y) Oregon Facilities Authority.

(Z) Oregon State Lottery Commission.

(AA) Pacific Northwest Electric Power and Conservation Planning Council.

(BB) Columbia River Gorge Commission.

(CC) Oregon Health and Science University Board of Directors.

(q) The following officers of the State Treasurer:

(A) Chief Deputy State Treasurer.

(B) Chief of staff for the office of the State Treasurer.

(C) Director of the Investment Division.

(r) Every member of the board of commissioners of a port governed by ORS 777.005 to 777.725 or 777.915 to 777.953.

(s) Every member of the board of directors of an authority created under ORS 441.525 to 441.595.

(2) By April 15 next after the date an appointment takes effect, every appointed public official on a board or commission listed in subsection (1) of this section shall file with the Oregon Government Ethics Commission a statement of economic interest as required under ORS 244.060, 244.070 and 244.090.

(3) By April 15 next after the filing deadline for the primary election, each candidate for public office described in subsection (1) of this section shall file with the commission a statement of economic interest as required under ORS 244.060, 244.070 and 244.090.

(4) Within 30 days after the filing deadline for the general election, each candidate for public office described in subsection (1) of this section who was not a candidate in the preceding primary election, or who was nominated for public office described in subsection (1) of this section at the preceding primary election by write-in votes, shall file with the commission a statement of economic interest as required under ORS 244.060, 244.070 and 244.090.

(5) Subsections (1) to (4) of this section apply only to persons who are incumbent, elected or appointed public officials as of April 15 and to persons who are candidates for public office on April 15. Subsections (1) to (4) of this section also apply to persons who do not become candidates until 30 days after the filing deadline for the statewide general election.

(6) If a statement required to be filed under this section has not been received by the commission within five days after the date the statement is due, the commission shall notify the public official or candidate and give the public official or candidate not less than 15 days to comply with the requirements of this section. If the public official or candidate fails to comply by the date set by the commission, the commission may impose a civil penalty as provided in ORS 244.350. [1974 c.72 §§4,4a; 1975 c.543 §3; 1977 c.588 §3; 1977 c.751 §16; 1979 c.374 §5; 1979 c.666 §6; 1979 c.697 §1; 1979 c.736 §1; 1979 c.829 §9b; 1987 c.373 §26; 1987 c.414 §148; 1987 c.566 §10; 1991 c.73 §2; 1991 c.160 §1; 1991 c.163 §1; 1991 c.470 §13; 1991 c.614 §2; 1993 c.500 §10; 1993 c.743 §11; 1995 c.79 §87; 1995 c.712 §94; 1997 c.652 §16; 1997 c.833 §22; 1999 c.59 §62; 1999 c.291 §28; 2001 c.104 §77; 2003 c.214 §1; 2003 c.784 §13; 2005 c.157 §6; 2005 c.217 §23; 2005 c.777 §14; 2007 c.813 §2; 2007 c.865 §17; 2007 c.877 §13]

 

244.055 Additional reporting requirements for State Treasury; review; confidentiality. (1) In addition to the statement required by ORS 244.050, the State Treasurer and any person listed under ORS 244.050 (1)(q) and this subsection shall file quarterly at a time fixed by the State Treasurer a trading statement listing all stocks, bonds and other types of securities purchased or sold during the preceding quarter:

(a) Directors of the Cash Management Division and the Debt Management Division.

(b) Equities, fixed income, short term fund, real estate, equities real estate and commercial and mortgage real estate investment officers and assistant investment officers.

(c) Fixed income and short term fund investment analysts.

(2) The statement required by subsection (1) of this section shall be filed for review with the State Treasurer, the Attorney General and the Division of Audits of the office of the Secretary of State. The content of the statement is confidential.

(3) If the State Treasurer or the Chief Deputy State Treasurer determines that a conflict of interest exists for an officer or employee, the State Treasurer shall subject the person to appropriate discipline, including dismissal or termination of the contract, or both, pursuant to rule. If the State Treasurer has cause to believe that a violation of this chapter has occurred, the State Treasurer shall file a complaint with the Oregon Government Ethics Commission under ORS 244.260.

(4) If the State Treasurer fails to act on an apparent conflict of interest under subsection (3) of this section or if the statement of the State Treasurer or the Chief Deputy State Treasurer appears to contain a conflict of interest, the Director of the Division of Audits shall report the failure or apparent conflict to the Attorney General, who may file a complaint with the commission. [1993 c.743 §26; 2007 c.865 §29]

 

244.060 Form of statement of economic interest. The statement of economic interest filed under ORS 244.050 shall be on a form prescribed by the Oregon Government Ethics Commission. The public official or candidate for public office filing the statement shall supply the information required by this section and ORS 244.090, as follows:

(1) The names of all positions as officer of a business and business directorships held by the person or a member of the household of the person during the preceding calendar year, and the principal address and a brief description of each business.

(2) All names under which the person and members of the household of the person do business and the principal address and a brief description of each business.

(3) The names, principal addresses and brief descriptions of the five most significant sources of income received at any time during the preceding calendar year by the person and by each member of the household of the person, a description of the type of income and the name of the person receiving the income.

(4)(a) A list of all real property in which the public official or candidate for public office or a member of the household of the public official or candidate has or has had any personal, beneficial ownership interest during the preceding calendar year, any options to purchase or sell real property, including a land sales contract, and any other rights of any kind in real property located within the geographic boundaries of the governmental agency of which the public official holds, or the candidate if elected would hold, any official position or over which the public official exercises, or the candidate if elected would exercise, any authority.

(b) This subsection does not require the listing of the principal residence of the public official or candidate.

(5) The name of each member of the household of the person who is 18 years of age or older.

(6) The name of each relative of the person who is 18 years of age or older and not a member of the household of the person. [1974 c.72 §5; 1975 c.543 §4; 1987 c.566 §11; 1991 c.770 §7; 1993 c.743 §12; 2003 c.14 §116; 2007 c.877 §19]

 

244.070 Additional statement of economic interest. A public official or candidate for public office shall report the following additional economic interest for the preceding calendar year only if the source of that interest is derived from an individual or business that has been doing business, does business or could reasonably be expected to do business with, or has legislative or administrative interest in, the governmental agency of which the public official holds, or the candidate if elected would hold, any official position or over which the public official exercises, or the candidate if elected would exercise, any authority:

(1) Each person to whom the public official or candidate for public office or a member of the household of the public official or candidate owes or has owed money in excess of $1,000, the interest rate on money owed and the date of the loan, except for debts owed to any federal or state regulated financial institution or retail contracts.

(2) The name, principal address and brief description of the nature of each business in which the public official or candidate for public office or a member of the household of the public official or candidate has or has had a personal, beneficial interest or investment, including stocks or other securities, in excess of $1,000, except for individual items involved in a mutual fund or a blind trust, or a time or demand deposit in a financial institution, shares in a credit union, or the cash surrender value of life insurance.

(3) Each person for whom the public official or candidate for public office has performed services for a fee in excess of $1,000, except for any disclosure otherwise prohibited by law or by a professional code of ethics. [1974 c.72 §6; 1975 c.543 §5; 1987 c.566 §12; 2007 c.877 §20]

 

244.080 [Subsection (1) enacted as 1974 c.72 §8; subsection (2) enacted as 1975 c.543 §7(1); 1977 c.588 §4; 1987 c.566 §13; repealed by 2007 c.865 §41]

 

244.090 Report on association with compensated lobbyist. (1) Each public official or candidate required to file a statement of economic interest under this chapter shall include on the statement the name of any compensated lobbyist who, during the preceding calendar year, was associated with a business with which the public official or candidate or a member of the household of the public official or candidate was also associated.

(2) Subsection (1) of this section does not apply if the only relationship between the public official or candidate and the lobbyist is that the public official or candidate and lobbyist hold stock in the same publicly traded corporation.

(3) As used in this section, “lobbyist†has the meaning given that term in ORS 171.725. [1974 c.72 §7; 1975 c.543 §6; 1987 c.566 §14; 2007 c.865 §32]

 

244.100 Statements of expenses, honoraria or income received; statements to be provided to public official. (1) A public official or candidate for public office who is required to file a statement of economic interest under ORS 244.050 shall file with the Oregon Government Ethics Commission, according to the schedule set forth in ORS 244.105, a statement showing for the applicable reporting period:

(a) Any expenses with an aggregate value exceeding $50 received by the public official when participating in a convention, mission, trip or other meeting described in ORS 244.020 (5)(b)(F). The statement shall include the name and address of the organization or unit of government paying the expenses, the nature of the event and the date and amount of the expenditure.

(b) Any expenses with an aggregate value exceeding $50 received by the public official when participating in a mission or negotiations or economic development activities described in ORS 244.020 (5)(b)(H). The statement shall include the name and address of the person paying the expenses, the nature of the event and the date and amount of the expenditure.

(c) All honoraria allowed under ORS 244.042 exceeding $15 received by the public official, candidate or member of the household of the official or candidate, the payer of each honorarium and the date and time of the event for which the honorarium was received.

(d) Each source of income exceeding an aggregate amount of $1,000, whether or not taxable, received by the public official or candidate for public office, or a member of the household of the public official or candidate, if the source of that income is derived from an individual or business that has been doing business, does business or could reasonably be expected to do business with, or has legislative or administrative interest in, the governmental agency of which the public official holds, or the candidate if elected would hold, any official position or over which the public official exercises, or the candidate if elected would exercise, any authority.

(2) In addition to statements required under subsection (1) of this section:

(a) Any organization or unit of government that provides a public official with expenses with an aggregate value exceeding $50 for an event described in ORS 244.020 (5)(b)(F) shall notify the public official in writing of the amount of the expense. The organization or unit shall provide the notice to the public official within 10 days from the date the expenses are incurred.

(b) Any person that provides a public official or a member of the household of a public official with an honorarium or other item allowed under ORS 244.042 with a value exceeding $15 shall notify the public official in writing of the value of the honorarium or other item. The person shall provide the notice to the public official within 10 days after the date of the event for which the honorarium or other item was received. [1975 c.543 §11; 1991 c.677 §1; 2007 c.865 §6; 2007 c.877 §21a]

 

244.105 Quarterly filing of statements.Statements required to be filed with the Oregon Government Ethics Commission under ORS 244.100 and 244.217 shall be filed in each calendar year:

(1) Not later than April 15, for the accounting period beginning January 1 and ending March 31;

(2) Not later than July 15, for the accounting period beginning April 1 and ending June 30;

(3) Not later than October 15, for the accounting period beginning July 1 and ending September 30; and

(4) Not later than January 15 of the following calendar year, for the accounting period beginning October 1 and ending December 31. [2007 c.877 §23]

 

244.110 Statements subject to penalty for false swearing. (1) Each statement of economic interest required to be filed under ORS 244.050, 244.060, 244.070, 244.090 or 244.100, or by rule under ORS 244.290, and each trading statement required to be filed under ORS 244.055 shall be signed and certified as true by the person required to file it and shall contain a written declaration that the statement is made under the penalties of false swearing.

(2) A person may not sign and certify a statement under subsection (1) of this section if the person knows that the statement contains information that is false.

(3) Violation of subsection (2) of this section is punishable as false swearing under ORS 162.075. [1974 c.72 §22; 1977 c.588 §5; 2007 c.865 §7]

 

244.115 Filing required for member of Congress or candidate; filing date. (1) Each member of Congress from this state and each candidate for nomination or election to the office of United States Representative in Congress or United States Senator from this state shall file with the Oregon Government Ethics Commission a copy of the federal ethics filing required under federal law or by congressional rule.

(2) The member or candidate shall file the information required under subsection (1) of this section not later than 30 days after the filing date required under federal law or congressional rule. If the filing is not made in a timely manner, the commission shall obtain copies of the filing and indicate on the filing that the filing was not made with the commission by the member or candidate.

(3) All filings made under this section are public records available for public inspection. [1991 c.160 §7; 2007 c.865 §33]

 

CONFLICTS OF INTEREST

 

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]

 

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 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]

 

244.135 Method of handling conflicts by planning commission members. (1) A member of a city or county planning commission shall not participate in any commission proceeding or action in which any of the following has a direct or substantial financial interest:

(a) The member or the spouse, brother, sister, child, parent, father-in-law, mother-in-law of the member;

(b) Any business in which the member is then serving or has served within the previous two years; or

(c) Any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment.

(2) Any actual or potential interest shall be disclosed at the meeting of the commission where the action is being taken. [Formerly 215.035 and 227.035]

 

APPLICATION OF CHAPTER

 

244.160 Filing of statement of economic interest by public official of political subdivision other than city or county. (1) Any political subdivision in this state, other than a city or county, by resolution may require any public official of the subdivision to file a verified statement of economic interest with the Oregon Government Ethics Commission.

(2) The political subdivision shall file a copy of the resolution with the commission. [1974 c.72 §9; 2007 c.865 §34]

 

244.162 Information provided to persons required to file statement of economic interest. (1) A person designated by a public body as defined in ORS 174.109 shall provide information explaining the requirements of ORS 244.050, 244.060, 244.070 and 244.090 to each newly elected or appointed public official serving the public body who is required to file a verified statement of economic interest under ORS 244.050. The information must be received by the public official either at the first meeting attended by the public official or before the public official takes the oath of office, whichever occurs first.

(2) At the time of fulfilling duties under subsection (1) of this section, the person designated by the public body shall provide to each newly elected or appointed public official serving the public body a copy of the statements and explanation provided to the public body under subsection (3) of this section.

(3) The Oregon Government Ethics Commission shall provide copies of the statements described in ORS 244.060, 244.070 and 244.090 and an explanation of the requirements of the law relating to the statements to each public body that is served by a public official who is required to file a statement described in ORS 244.060, 244.070 or 244.090.

(4) A newly elected or appointed public official serving a public body who is not informed of the filing requirements under ORS 244.050, 244.060, 244.070 and 244.090 and provided with a copy of the statements and explanation as required under this section before attending the first meeting or taking the oath of office may resign that office within 90 days thereafter or before the next date specified in ORS 244.050 for the filing of a statement, whichever is later, without filing a verified statement of economic interest and without incurring a sanction or penalty that might otherwise be imposed for not filing. [Formerly 244.195]

 

244.165 Rules or policies of state agency or association of public bodies; commission approval; effect. (1) For the purpose of protecting against violations of the provisions of this chapter, a state agency, as defined in ORS 183.750, or a statewide association of public bodies, as defined in ORS 174.109, may adopt rules or policies interpreting the provisions of this chapter. The rules or policies must be consistent with the provisions of this chapter. A state agency or a statewide association of public bodies may submit rules or policies adopted under this subsection to the Oregon Government Ethics Commission for review.

(2) Upon receiving rules or policies submitted under subsection (1) of this section, the commission shall review the rules and policies to determine whether the rules and policies are consistent with the provisions of this chapter. The commission, by a vote of a majority of the members of the commission, shall approve or reject the rules or policies. The commission shall notify the state agency or statewide association of public bodies in writing of the commission’s approval or rejection. A written notice of rejection shall explain the reasons for the rejection.

(3) Unless the applicable rule or policy is amended or repealed by the state agency or the statewide association of public bodies, the commission may not impose a penalty under ORS 244.350 or 244.360 on a public official for any good faith action the official takes in compliance with a rule or policy that was adopted by the state agency that the official serves, or by a statewide association of which the public body that the official serves is a member, and approved by the commission under subsection (2) of this section. [2007 c.865 §5; 2007 c.877 §39b]

 

244.170 [1975 c.216 §1a; repealed by 2003 c.14 §117]

 

NEPOTISM

 

244.175 Definitions for ORS 244.177 and 244.179. As used in ORS 244.177 and 244.179:

(1) “Governing body†has the meaning given that term in ORS 192.610.

(2) “Member of the household†means any person who resides with the public official.

(3) “Public body†has the meaning given that term in ORS 174.109.

(4) “Relative†means the spouse or domestic partner of the public official, any children of the public official or of the public official’s spouse or domestic partner, and brothers, sisters, half brothers, half sisters, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, mothers-in-law, fathers-in-law, aunts, uncles, nieces, nephews, stepparents, stepchildren or parents of the public official or of the public official’s spouse or domestic partner. [2007 c.865 §26b]

 

244.177 Employment of relative or member of household; exceptions. (1) Except as provided in subsections (2) to (4) of this section:

(a) A public official may not appoint, employ or promote a relative or member of the household to, or discharge, fire or demote a relative or member of the household from, a position with the public body that the public official serves or over which the public official exercises jurisdiction or control, unless the public official complies with the conflict of interest requirements of this chapter.

(b) A public official may not participate as a public official in any interview, discussion or debate regarding the appointment, employment or promotion of a relative or member of the household to, or the discharge, firing or demotion of a relative or member of the household from, a position with the public body that the public official serves or over which the public official exercises jurisdiction or control. As used in this paragraph, “participate†does not include serving as a reference, providing a recommendation or performing other ministerial acts that are part of the normal job functions of the public official.

(2) A member of the Legislative Assembly may appoint, employ, promote, discharge, fire or demote, or advocate for the appointment, employment, promotion, discharge, firing or demotion of, a relative or member of the household to or from a position on the personal legislative staff of the member of the Legislative Assembly.

(3)(a) A public official may appoint, employ, promote, discharge, fire or demote, or advocate for the appointment, employment, promotion, discharge, firing or demotion of, a relative or member of the household to or from a position as an unpaid volunteer with the public body that the public official serves or over which the public official exercises jurisdiction or control.

(b) Paragraph (a) of this subsection does not apply to the appointment, employment, promotion, discharge, firing or demotion of a relative or member of the household to a position as an unpaid member of a governing body of the public body that the public official serves or over which the public official exercises jurisdiction or control.

(c) A relative or member of the household described in paragraph (a) of this subsection may receive reimbursement of expenses provided in the ordinary course of business to similarly situated unpaid volunteers.

(4) This section does not prohibit a public body from appointing, employing, promoting, discharging, firing or demoting a person who is a relative or member of the household of a public official serving the public body. [2007 c.865 §26c]

 

244.179 Supervision of relative or member of household; exceptions. (1) Notwithstanding ORS 659A.309 and except as provided in subsections (2) to (4) of this section, a public official acting in an official capacity may not directly supervise a person who is a relative or member of the household.

(2) A member of the Legislative Assembly may directly supervise a person who:

(a) Is a relative or member of the household; and

(b) Serves as a public official in a position on the personal legislative staff of the member of the Legislative Assembly.

(3)(a) A public official acting in an official capacity may directly supervise a person who is a relative or member of the household if the person serves as an unpaid volunteer.

(b) Paragraph (a) of this subsection does not apply to service by a person in a position as an unpaid member of a governing body that a public official of whom the person is a relative or member of the household serves or over which the public official exercises jurisdiction or control.

(c) A relative or member of the household serving as an unpaid volunteer described in paragraph (a) of this subsection may receive reimbursement of expenses provided in the ordinary course of business to similarly situated unpaid volunteers.

(4) A public body may adopt policies specifying when a public official acting in an official capacity may directly supervise a person who is a relative or member of the household. [2007 c.865 §26d]

 

244.180 [1975 c.216 §2; 1987 c.566 §16; 2005 c.22 §186; repealed by 2007 c.865 §41]

 

244.190 [1975 c.216 §3; 1987 c.566 §17; 2005 c.22 §187; repealed by 2007 c.865 §41]

 

244.195 [1979 c.332 §2; 2007 c.865 §10; renumbered 244.162 in 2007]

 

244.200 [1975 c.216 §5; repealed by 1983 c.350 §62 (244.201 enacted in lieu of 244.200 and 244.210)]

 

244.201 [1983 c.350 §63 (enacted in lieu of 244.200 and 244.210); 1995 c.712 §95; repealed by 2007 c.865 §41]

 

LEGAL EXPENSE TRUST FUND

 

244.205 Legal expense trust fund; establishment; eligible legal expenses. (1) Subject to the authorization of the Oregon Government Ethics Commission as described in ORS 244.209, a public official may establish a legal expense trust fund if the public official incurs or reasonably expects to incur legal expenses described in subsection (2) of this section.

(2) Proceeds from the trust fund may be used by the public official to defray legal expenses incurred by the public official in any civil, criminal or other legal proceeding or investigation that relates to or arises from the course and scope of duties of the person as a public official. The legal expenses must be incurred in connection with:

(a) The issuance of a court’s stalking protective order under ORS 30.866 or 163.738;

(b) The issuance of a citation under ORS 163.735;

(c) A criminal prosecution under ORS 163.732;

(d) A civil action under ORS 30.866; or

(e) Defending the public official in a proceeding or investigation brought or maintained by a public body as defined in ORS 174.109.

(3) Except as provided in subsection (2) of this section, a public official may not use proceeds from the trust fund for any personal use.

(4) A public official may not establish or maintain more than one legal expense trust fund at any one time.

(5) A public official who establishes a legal expense trust fund may not solicit, receive or handle any contributions to the fund.

(6) The provisions of ORS chapter 130 do not apply to a trust fund established under ORS 244.205 to 244.221. [2007 c.877 §29]

 

244.207 Use of fund proceeds. (1) The proceeds of a legal expense trust fund may be used to:

(a) Defray legal expenses described in ORS 244.205;

(b) Defray costs reasonably incurred in administering the trust fund, including but not limited to costs incident to the solicitation of funds; and

(c) Discharge any tax liabilities incurred as a result of the creation, operation or administration of the trust fund.

(2) The proceeds of a trust fund may also be used to defray or discharge expenses, costs or liabilities incurred before the fund was established if the expenses, costs or liabilities are related to the legal proceeding for which the fund was established. [2007 c.877 §30]

 

244.209 Application to establish fund; commission review and authorization. (1) A public official may apply to establish a legal expense trust fund by filing an application with the Oregon Government Ethics Commission. The application must contain:

(a) A copy of an executed trust agreement described in subsection (2) of this section;

(b) A sworn affidavit described in subsection (3) of this section signed by the public official; and

(c) A sworn affidavit described in subsection (4) of this section signed by the trustee.

(2) The trust agreement must contain the following:

(a) A provision incorporating by reference the provisions of ORS 244.205 to 244.221; and

(b) A designation of a trustee who meets the requirements of ORS 244.211.

(3) The affidavit of the public official must state:

(a) The nature of the legal proceeding that requires establishment of the trust fund;

(b) That the public official will comply with the provisions of ORS 244.205 to 244.221; and

(c) That the public official is responsible for the proper administration of the trust fund, even though a trustee of the fund has been designated.

(4) The affidavit of the trustee must state that the trustee:

(a) Has read and understands ORS 244.205 to 244.221; and

(b) Consents to administer the trust fund in compliance with ORS 244.205 to 244.221.

(5) Upon receiving an application under this section, the commission shall review the trust agreement, the affidavits and any supporting documents or instruments filed to determine whether the application meets the requirements of ORS 244.205 to 244.221. If the commission determines that the application meets the requirements of ORS 244.205 to 244.221, the commission shall grant written authorization to the public official to establish the trust fund.

(6) The commission shall review the quarterly statements required under ORS 244.217 and shall monitor the activities of each trust fund to ensure continued compliance with ORS 244.205 to 244.221.

(7) Unless subject to the attorney-client privilege, all documents required to be filed relating to the creation and administration of a trust fund are public records subject to disclosure as provided in ORS 192.410 to 192.505.

(8) A public official may not establish a legal expense trust fund without receiving prior written authorization of the commission as described in this section.

(9) A public official may file an amendment to a trust agreement approved as part of a trust fund under this section. The commission shall approve the amendment if the commission determines the amendment meets the requirements of ORS 244.205 to 244.221. [2007 c.877 §31]

 

244.210 [1975 c.216 §4; repealed by 1983 c.350 §62 (244.201 enacted in lieu of 244.200 and 244.210)]

 

244.211 Duties of trustee; persons ineligible to be trustee. (1) The trustee of a legal expense trust fund is responsible for:

(a) The receipt and deposit of contributions to the trust fund;

(b) The authorization of expenditures and disbursements from the trust fund;

(c) The filing of quarterly statements required under ORS 244.217; and

(d) The performance of other tasks incident to the administration of the trust fund.

(2) The trustee may not:

(a) Be a public official who serves the same public body as the public official who establishes the trust fund;

(b) Be a relative of the public official who establishes the trust fund;

(c) Be an attorney for the public official in the legal proceeding for which the trust fund is established, or a member, partner, associate or employee of the firm employing the attorney; or

(d) Have a business or employment relationship with the public official who establishes the trust fund. [2007 c.877 §32]

 

244.213 Contributions to fund. (1) Except as provided in subsection (3) of this section, any person may contribute to a legal expense trust fund established under ORS 244.205 to 244.221.

(2) A person may make contributions of moneys to a legal expense trust fund in unlimited amounts. Pro bono legal assistance and other in-kind assistance may also be provided without limit and is considered a contribution subject to the reporting requirements of ORS 244.217.

(3) A political committee as defined in ORS 260.005 that is a principal campaign committee may not contribute to a legal expense trust fund. [2007 c.877 §33]

 

244.215 Fund account. (1) A trustee of a legal expense trust fund shall establish a single exclusive account in a financial institution, as defined in ORS 706.008. The financial institution must be located in this state and must ordinarily conduct business with the general public in this state.

(2) The trustee shall maintain the account in the name of the trust fund.

(3) All expenditures made by the trustee shall be drawn from the account and:

(a) Issued on a check signed by the trustee; or

(b) Paid using a debit card or other form of electronic transaction.

(4) A contribution received by a trustee shall be deposited into the account not later than seven calendar days after the date the contribution is received. This subsection does not apply to in-kind contributions received.

(5) This section does not prohibit the transfer of any amount deposited in the account into a certificate of deposit, stock fund or other investment instrument.

(6) The account may not include any public or private moneys or any moneys of any other person, other than contributions received by the trustee.

(7) A trustee shall retain a copy of each financial institution account statement from the account described in this section for not less than two years after the date the statement is issued by the financial institution. [2007 c.877 §34]

 

244.217 Statement of contributions received and expenditures made. (1) The trustee of a legal expense trust fund shall, according to the schedule described in subsection (3) of this section, file with the Oregon Government Ethics Commission a statement for the applicable reporting period showing contributions received by the trustee and expenditures made from the trust fund account established under ORS 244.215.

(2) Each statement shall list:

(a) The name and address of each person who contributed an aggregate amount of more than $75, and the total amount contributed by that person;

(b) The total amount of contributions not listed under paragraph (a) of this subsection as a single item, but shall specify how those contributions were obtained;

(c) The amount and purpose of each expenditure and the name and address of each payee; and

(d) The name and address of any person contributing pro bono legal assistance and the fair market value of the assistance provided by the person.

(3) Statements required to be filed with the commission under this section shall be filed according to the schedule described in ORS 244.105.

(4) If no contributions are received and no expenditures made during the reporting period, the trustee shall file a statement indicating that no contributions were deposited and no expenditures were made.

(5) The trustee may amend a statement filed under this section without penalty if the amendment is filed with the commission not later than 30 days after the deadline for filing the statement. [2007 c.877 §35]

 

244.219 Termination of fund. (1) A legal expense trust fund established under ORS 244.205 to 244.221 may be terminated by:

(a) The public official who established the trust fund;

(b) Subject to subsection (2) of this section, the terms of the trust agreement; or

(c) The Oregon Government Ethics Commission following a determination by the commission that a violation of any provision of this chapter has occurred in connection with the trust fund.

(2) A trust agreement may provide that a legal expense trust fund is terminated not later than six months following the completion of the legal proceeding for which the fund was established. Upon application of the public official who established the trust fund, the commission may extend the existence of the trust fund to a specified date if the commission determines that the public official has incurred legal expenses that exceed the balance remaining in the fund. If the commission extends the existence of the trust fund, the trust fund terminates on the date the extension expires.

(3) Following termination of a legal expense trust fund, the trustee may not accept contributions to or make expenditures from the fund.

(4) Not later than 30 days after a trust fund is terminated, the trustee of the fund shall file with the commission a final report listing the totals of all contributions made to the fund and all expenditures made from the fund. [2007 c.877 §36]

 

244.221 Disposition of moneys in terminated fund; distribution of award of attorney fees, costs or money judgment.(1) Not later than 30 days after a legal expense trust fund is terminated, the trustee of the fund shall return any moneys remaining in the fund to contributors to the fund on a pro rata basis.

(2) If the legal proceeding for which the trust fund was established results in an award of attorney fees, costs or any other money judgment award to or in favor of the public official, amounts awarded shall be distributed in the following order:

(a) To pay outstanding legal expenses;

(b) To contributors to the trust fund on a pro rata basis; and

(c) To the public official or, if required by the trust agreement, to an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code. [2007 c.877 §37]

 

COMMISSION

 

244.250 Oregon Government Ethics Commission; appointment; term; quorum; compensation; legal counsel. (1) The Oregon Government Ethics Commission is established, consisting of seven members. The appointment of a member of the commission is subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. Members shall be appointed in the following manner:

(a) The Governor shall appoint four members from among persons recommended, one each by the leadership of the Democratic and Republican parties in each house of the Legislative Assembly. If a person recommended by the leadership of the Democratic or Republican party is not approved by the Governor, the leadership shall recommend another person.

(b) The Governor shall appoint three members without leadership recommendation. No more than two members appointed under this paragraph may be members of the same major political party.

(2) A person who holds any public office listed in ORS 244.050 (1) except as a member of the commission may not be appointed to the commission. No more than four members may be members of the same political party.

(3) The term of office of a member is four years. A member is not eligible to be appointed to more than one full term but may serve out an unexpired term. Vacancies shall be filled by the appointing authority for the unexpired term.

(4) The commission shall elect a chairperson and vice chairperson for such terms and duties as the commission may require.

(5) A quorum consists of four members but a final decision may not be made without an affirmative vote of a majority of the members appointed to the commission.

(6) Members shall be entitled to compensation and expenses as provided in ORS 292.495.

(7) The commission may retain or appoint qualified legal counsel who must be a member of the Oregon State Bar and who is responsible to the commission. The appointment of legal counsel under this subsection may be made only when the commission finds it is inappropriate and contrary to the public interest for the office of the Attorney General to represent concurrently more than one public official or agency in any matter before the commission because the representation:

(a) Would create or tend to create a conflict of interest; and

(b) Is not subject to ORS 180.230 or 180.235.

(8) The Attorney General may not represent before the commission any state public official who is the subject of any complaint or action of the commission at the commission’s own instigation. [1974 c.72 §12; 1977 c.588 §6; 1987 c.566 §18; 1991 c.770 §3; 1993 c.743 §17; 2007 c.865 §1]

 

244.255 Commission funding. (1) The Oregon Government Ethics Commission shall estimate in advance the expenses that it will incur during a biennium in carrying out the provisions of ORS 171.725 to 171.785 and 171.992 and this chapter. The commission shall also determine what percentage of the expenses should be borne by the following two groups of public bodies:

(a) Public bodies in state government; and

(b) Local governments, local service districts and special government bodies that are subject to the Municipal Audit Law.

(2) The commission shall charge each public body for the public body’s share of the expenses described in subsection (1) of this section for the biennium. The amount to be charged each public body shall be determined as follows:

(a) The commission shall determine the rate to be charged public bodies in state government. The same rate shall be applied to each public body described in this paragraph. To determine the amount of the charge for each public body, the commission shall multiply the rate determined under this paragraph by the number of public officials serving the public body.

(b) The commission shall set the charge for local governments, local service districts and special government bodies that are subject to the Municipal Audit Law so that each local government, local service district or special government body described in this paragraph pays an amount of the total expenses for the group that bears the same proportion to the total expenses that the amount charged to the local government, local service district or special government body for the municipal audit fee under ORS 297.485 bears to the total amount assessed for the municipal audit fee.

(3) Each public body shall pay to the credit of the commission the charge described in this section as an administrative expense from funds or appropriations available to the public body in the same manner as other claims against the public body are paid.

(4) All moneys received by the commission under this section shall be credited to the Oregon Government Ethics Commission Account established under ORS 244.345.

(5) The commission shall adopt rules specifying the methods for calculating and collecting the rates and charges described in this section.

(6) As used in this section:

(a) “Local government†and “local service district†have the meanings given those terms in ORS 174.116.

(b) “Public body†has the meaning given that term in ORS 174.109.

(c) “Public official,†notwithstanding ORS 244.020 (13), means any person who, on the date the commission charges the public body under this section, is serving the public body as an officer or employee.

(d) “Special government body†has the meaning given that term in ORS 174.117.

(e) “State government†has the meaning given that term in ORS 174.111. [2007 c.877 §2]

 

Note: Section 3, chapter 877, Oregon Laws 2007, provides:

Sec. 3. The Oregon Government Ethics Commission shall first impose charges under section 2 of this 2007 Act [244.255] for the biennium beginning July 1, 2009. [2007 c.877 §3]

 

244.260 Complaint and adjudicatory process; confidential Preliminary Review Phase; Investigatory Phase; possible actions by order; report of findings; contested case procedure; limitation on commission action. (1)(a) Any person may file with the Oregon Government Ethics Commission a signed written complaint alleging that there has been a violation of any provision of this chapter or of any rule adopted by the commission under this chapter. The complaint shall state the person’s reason for believing that a violation occurred and include any evidence relating to the alleged violation.

(b) If at any time the commission has reason to believe that there has been a violation of a provision of this chapter or of a rule adopted by the commission under this chapter, the commission may proceed under this section on its own motion as if the commission had received a complaint.

(2)(a) Not later than two business days after receiving a complaint under this section, the commission shall notify the person who is the subject of the complaint.

(b) Before approving a motion to proceed under this section without a complaint, the commission shall provide notice to the person believed to have committed the violation of the time and place of the meeting at which the motion will be discussed. If the commission decides to proceed on its own motion, the commission shall give notice to the person not later than two business days after the motion is approved.

(c) The commission shall give notice of the complaint or motion under paragraph (a) or (b) of this subsection by mail and by telephone if the person can be reached by telephone. The notice must describe the nature of the alleged violation. The mailed notice must include copies of all materials submitted with a complaint. If the commission will consider a motion to proceed without a complaint, the notice must provide copies of all materials that the commission will consider at the hearing on the motion.

(3) After receiving a complaint or deciding to proceed on its own motion, the commission shall undertake action in the Preliminary Review Phase to determine whether there is cause to undertake an investigation. If the person who is the subject of the action is a member of the Legislative Assembly, the commission shall determine whether the alleged violation involves conduct protected by section 9, Article IV of the Oregon Constitution.

(4)(a) The Preliminary Review Phase begins on the date the complaint is filed or the date the commission decides to proceed on its own motion and ends on the date the commission determines there is cause to undertake an investigation, dismisses the complaint or rescinds its own motion. The Preliminary Review Phase may not exceed 135 days unless:

(A) A delay is stipulated to by both the person who is the subject of action under this section and the commission with the commission reserving a portion of the delay period to complete its actions; or

(B) A complaint is filed under this section with respect to a person who is a candidate for elective public office, the complaint is filed within 61 days before the date of an election at which the person is a candidate for nomination or election and a delay is requested in writing by the candidate. If the candidate makes a request under this subparagraph, the Preliminary Review Phase must be completed not later than 135 days after the date of the first meeting of the commission that is held after the date of the election.

(b) During the Preliminary Review Phase, the commission may seek, solicit or otherwise obtain any books, papers, records, memoranda or other additional information, administer oaths and take depositions necessary to determine whether there is cause to undertake an investigation or whether the alleged violation involves conduct protected by section 9, Article IV of the Oregon Constitution.

(c) The Preliminary Review Phase is confidential. Commission members and staff may acknowledge receipt of a complaint but may not make any public comment or publicly disclose any materials relating to a case during the Preliminary Review Phase. A person who intentionally violates this paragraph is subject to a civil penalty in an amount not to exceed $1,000. Any person aggrieved as a result of a violation of this paragraph by a member of the commission or its staff may file a petition in a court of competent jurisdiction in the county in which the petitioner resides in order to enforce the civil penalty provided in this paragraph.

(d) At the conclusion of the Preliminary Review Phase, the commission shall conduct its deliberations in executive session. All case related materials and proceedings shall be open to the public after the commission makes a finding of cause to undertake an investigation, dismisses a complaint or rescinds a motion. Prior to the end of the Preliminary Review Phase, the executive director of the commission shall prepare a statement of the facts determined during the phase, including appropriate legal citations and relevant authorities. Before presentation to the commission, the executive director’s statement shall be reviewed by legal counsel to the commission.

(e) The time limit imposed in this subsection and the commission’s inquiry are suspended if:

(A) There is a pending criminal investigation that relates to the issues arising out of the underlying facts or conduct at issue in the matter before the commission unless the parties stipulate otherwise; or

(B) A court has enjoined the commission from continuing its inquiry.

(5)(a) If the commission determines that there is not cause to undertake an investigation or that the alleged violation of this chapter involves conduct protected by section 9, Article IV of the Oregon Constitution, the commission shall dismiss the complaint or rescind its motion and formally enter the dismissal or rescission in its records. The commission shall notify the person who is the subject of action under this section of the dismissal or rescission. After dismissal or rescission, the commission may not take further action involving the person unless a new and different complaint is filed or action on the commission’s own motion is undertaken based on different conduct.

(b) If the commission makes a finding of cause to undertake an investigation, the commission shall undertake action in the Investigatory Phase. The commission shall notify the person who is the subject of the investigation, identify the issues to be examined and confine the investigation to those issues. If the commission finds reason to expand the investigation, the commission shall move to do so, record in its minutes the issues to be examined before expanding the scope of its investigation and formally notify the complainant, if any, and the person who is the subject of the investigation of the expansion and the scope of the investigation.

(6)(a) The Investigatory Phase begins on the date the commission makes a finding of cause to undertake an investigation and ends on the date the commission dismisses the complaint, rescinds its own motion, issues a settlement order, moves to commence a contested case proceeding or takes other action justified by the findings. The Investigatory Phase may not exceed 180 days unless a delay is stipulated to by both the person who is the subject of action under this section and the commission with the commission reserving a portion of the delay period to complete its actions.

(b) During the Investigatory Phase, the commission may seek any additional information, administer oaths, take depositions and issue subpoenas to compel attendance of witnesses and the production of books, papers, records, memoranda or other information necessary to complete the investigation. If any person fails to comply with any subpoena issued under this paragraph or refuses to testify on any matters on which the person may be lawfully interrogated, the commission shall follow the procedure described in ORS 183.440 to compel compliance.

(c) The time limit imposed in this subsection and the commission’s investigation are suspended if:

(A) There is a pending criminal investigation that relates to the issues arising out of the underlying facts or conduct at issue in the matter before the commission unless the parties stipulate otherwise; or

(B) A court has enjoined the commission from continuing its investigation.

(d) At the end of the Investigatory Phase, the commission shall take action by order. The action may include:

(A) Dismissal, with or without comment;

(B) Continuation of the investigation for a period not to exceed 30 days for the purpose of additional fact-finding;

(C) Moving to a contested case proceeding;

(D) Entering into a negotiated settlement; or

(E) Taking other appropriate action if justified by the findings.

(e) The commission may move to a contested case proceeding if the commission determines that the information presented to the commission is sufficient to make a preliminary finding of a violation of any provision of this chapter or of any rule adopted by the commission under this chapter.

(7) A person conducting any inquiry or investigation under this section shall:

(a) Conduct the inquiry or investigation in an impartial and objective manner; and

(b) Provide to the commission all favorable and unfavorable information the person collects.

(8) The commission shall report the findings of any inquiry or investigation in an impartial manner. The commission shall report both favorable and unfavorable findings and shall make the findings available to:

(a) The person who is the subject of the inquiry or investigation;

(b) The appointing authority, if any;

(c) The Attorney General, if the findings relate to a state public official;

(d) The appropriate district attorney, if the findings relate to a local public official; and

(e) The Commission on Judicial Fitness and Disability, if the findings relate to a judge.

(9) Hearings conducted under this chapter must be held before an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. The procedure shall be that for a contested case under ORS chapter 183.

(10) The Oregon Government Ethics Commission may not inquire into or investigate any conduct that occurred more than four years before a complaint is filed or a motion is approved under subsection (1) of this section.

(11) This section does not prevent the commission and the person alleged to have violated any provision of this chapter or any rule adopted by the commission under this chapter from stipulating to a finding of fact concerning the violation and consenting to an appropriate penalty. The commission shall enter an order based on the stipulation and consent.

(12) At any time during proceedings conducted under this section, the commission may enter into a negotiated settlement with the person who is the subject of action under this section.

(13) As used in this section:

(a) “Cause†means that there is a substantial, objective basis for believing that an offense or violation may have been committed and the person who is the subject of an inquiry may have committed the offense or violation.

(b) “Pending†means that a prosecuting attorney is either actively investigating the factual basis of the alleged criminal conduct, is preparing to seek or is seeking an accusatory instrument, has obtained an accusatory instrument and is proceeding to trial or is in trial or in the process of negotiating a plea. [1974 c.72 §13; 1989 c.807 §1; 1991 c.272 §1; 1991 c.770 §1a; 1993 c.743 §18; 1999 c.849 §§51,52; 1999 c.850 §1; 2003 c.75 §30; 2007 c.865 §23]

 

244.270 Findings as grounds for removal; notice to public bodies. (1) If the Oregon Government Ethics Commission finds that an appointed public official has violated any provision of this chapter or any rule adopted under this chapter, the finding is prima facie evidence of unfitness where removal is authorized for cause either by law or pursuant to section 6, Article VII (Amended) of the Oregon Constitution.

(2) If the commission finds that a public official has violated any provision of this chapter or any rule adopted under this chapter, the commission shall notify the public body, as defined in ORS 174.109, that the public official serves. The notice shall describe the violation and any action taken by the commission. The commission shall provide the notice not later than 10 business days after the date the commission takes final action against the public official. [1974 c.72 §14; 1977 c.588 §7; 2007 c.865 §11]

 

244.280 Commission advisory opinions; effect of reliance on opinion. (1) Upon the written request of any person, or upon its own motion, the Oregon Government Ethics Commission, under signature of the chairperson, may issue and publish written commission advisory opinions on the application of any provision of this chapter to any proposed transaction or action or any actual or hypothetical circumstance. A commission advisory opinion, and a decision by the commission to issue an advisory opinion on its own motion, must be approved by a majority of the members of the commission. Legal counsel to the commission shall review a proposed commission advisory opinion before the opinion is considered by the commission.

(2) Not later than 60 days after the date the commission receives the written request for a commission advisory opinion, the commission shall issue either the opinion or a written denial of the request. The written denial shall explain the reasons for the denial. The commission may ask the person requesting the advisory opinion to supply additional information the commission considers necessary to render the opinion. The commission, by vote of a majority of the members of the commission, may extend the 60-day deadline by one period not to exceed 60 days.

(3) Except as provided in this subsection, unless the commission advisory opinion is revised or revoked, the commission may not impose a penalty under ORS 244.350 or 244.360 on a person for any good faith action the person takes in reliance on an advisory opinion issued under this section. The commission may impose a penalty under ORS 244.350 or 244.360 on the person who requested the advisory opinion if the commission determines that the person omitted or misstated material facts in making the request. [1974 c.72 §15; 1975 c.543 §9; 1977 c.588 §8; 1987 c.566 §19; 1991 c.272 §2; 1993 c.743 §13; 2007 c.865 §12; 2007 c.877 §25a]

 

244.282 Executive director advisory opinions; effect of reliance on opinion. (1) Upon the written request of any person, the executive director of the Oregon Government Ethics Commission may issue and publish written staff advisory opinions on the application of any provision of this chapter to any proposed transaction or action or any actual or hypothetical circumstance.

(2) Not later than 30 days after the date the executive director receives the written request for a staff advisory opinion, the executive director shall issue either the opinion or a written denial of the request. The written denial shall explain the reasons for the denial. The executive director may ask the person requesting the advisory opinion to supply additional information the executive director considers necessary to render the opinion. The executive director may extend the 30-day deadline by one period not to exceed 30 days. The executive director shall clearly designate an opinion issued under this section as a staff advisory opinion.

(3) Except as provided in this subsection, unless the staff advisory opinion is revised or revoked, before imposing any penalty under ORS 244.350 or 244.360, the commission shall consider whether the action that may be subject to penalty was taken in reliance on a staff advisory opinion issued under this section. If a penalty may be imposed on the person who requested the opinion, the commission is not required to consider reliance on the opinion if the commission determines that the person omitted or misstated material facts in making the request.

(4) At each regular meeting of the commission, the executive director shall report to the commission on all staff advisory opinions issued since the last regular meeting of the commission. The commission on its own motion may issue a commission advisory opinion under ORS 244.280 on the same facts or circumstances that form the basis for any staff advisory opinion. [2007 c.865 §14; 2007 c.877 §39c]

 

244.284 Staff advisory opinions; effect of reliance on opinion. (1) Upon the written or oral request of any person, the executive director or other staff of the Oregon Government Ethics Commission may issue written or oral staff advice on the application of any provision of this chapter to any proposed transaction or action or any actual or hypothetical circumstance. Any written advice not designated as a staff advisory opinion under ORS 244.282 is considered staff advice issued under this section.

(2) Before imposing any penalty under ORS 244.350 or 244.360, the commission may consider whether the action that may be subject to penalty was taken in reliance on staff advice issued under this section. [2007 c.865 §15; 2007 c.877 §39d]

 

244.290 General duties of commission; rules. (1) The Oregon Government Ethics Commission shall:

(a) Prescribe forms for statements required by this chapter and provide the forms to persons required to file the statements under this chapter or pursuant to a resolution adopted under ORS 244.160.

(b) Develop a filing, coding and cross-indexing system consistent with the purposes of this chapter.

(c) Prepare and publish reports the commission finds are necessary.

(d) Make advisory opinions issued by the commission or the executive director of the commission available to the public at no charge on the Internet.

(e) Accept and file any information voluntarily supplied that exceeds the requirements of this chapter.

(f) Make statements and other information filed with the commission available for public inspection and copying during regular office hours, and make copying facilities available at a charge not to exceed actual cost.

(g) Not later than February 1 of each odd-numbered year, report to the Legislative Assembly any recommended changes to provisions of ORS 171.725 to 171.785 or this chapter.

(2) The commission shall adopt rules necessary to carry out its duties under ORS 171.725 to 171.785 and 171.992 and this chapter, including rules to:

(a) Create a procedure under which items before the commission may be treated under a consent calendar and voted on as a single item;

(b) Exempt a public official who is otherwise required to file a statement pursuant to ORS 244.050 from filing the statement if the regularity, number and frequency of the meetings and actions of the body over which the public official has jurisdiction are so few or infrequent as not to warrant the public disclosure;

(c) Establish an administrative process whereby a person subpoenaed by the commission may obtain a protective order;

(d) List criteria and establish a process for the commission to use prosecutorial discretion to decide whether to proceed with an inquiry or investigation;

(e) Establish a procedure under which the commission shall conduct accuracy audits of a sample of reports or statements filed with the commission under this chapter or ORS 171.725 to 171.785;

(f) Describe the application of provisions exempting items from the definition of “gift†in ORS 244.020 (5)(b) and the application of the prohibition on entertainment contained in ORS 244.025;

(g) Specify when a continuing violation is considered a single violation or a separate and distinct violation for each day the violation occurs; and

(h) Set criteria for determining the amount of civil penalties that the commission may impose.

(3) The commission may adopt rules that:

(a) Limit the minimum size of, or otherwise establish criteria for or identify, the smaller classes that qualify under the class exception from the definition of “potential conflict of interest†under ORS 244.020;

(b) Require the disclosure and reporting of gifts or other compensation made to or received by a public official or candidate for public office;

(c) Establish criteria for cases in which information relating to notices of actual or potential conflicts of interest shall, may not or may be provided to the commission under ORS 244.130; or

(d) Allow the commission to accept the filing of a statement containing less than all of the information required under ORS 244.060 and 244.070 if the public official or candidate for public office certifies on the statement that the information contained on the statement previously filed is unchanged or certifies only as to any changed material.

(4) Not less frequently than once each calendar year, the commission shall:

(a) Consider adoption of rules the commission deems necessary to implement or interpret provisions of this chapter relating to issues the commission determines are of general interest to public officials or candidates for public office or that are addressed by the commission or by commission staff on a recurring basis; and

(b) Review rules previously adopted by the commission to determine whether the rules have continuing applicability or whether the rules should be amended or repealed.

(5) The commission shall adopt by rule an electronic filing system under which statements required to be filed under ORS 244.050, 244.100 and 244.217 may be filed, without a fee, with the commission in an electronic format. The commission shall accept statements filed under ORS 244.050, 244.100 and 244.217 in a format that is not electronic.

(6) The commission shall make statements filed under ORS 244.050, 244.100 and 244.217, including statements that are not filed in an electronic format, available in a searchable format for review by the public using the Internet. [1974 c.72 §17; 1987 c.566 §20; 1993 c.743 §23; 2007 c.865 §3; 2007 c.877 §9c]

 

Note: The amendments to 244.290 by section 9d, chapter 877, Oregon Laws 2007, become operative January 1, 2010. See section 9e, chapter 877, Oregon Laws 2007. The text that is operative on and after January 1, 2010, is set forth for the user’s convenience.

244.290. (1) The Oregon Government Ethics Commission shall:

(a) Prescribe forms for statements required by this chapter and provide the forms to persons required to file the statements under this chapter or pursuant to a resolution adopted under ORS 244.160.

(b) Develop a filing, coding and cross-indexing system consistent with the purposes of this chapter.

(c) Prepare and publish reports the commission finds are necessary.

(d) Make advisory opinions issued by the commission or the executive director of the commission available to the public at no charge on the Internet.

(e) Accept and file any information voluntarily supplied that exceeds the requirements of this chapter.

(f) Make statements and other information filed with the commission available for public inspection and copying during regular office hours, and make copying facilities available at a charge not to exceed actual cost.

(g) Not later than February 1 of each odd-numbered year, report to the Legislative Assembly any recommended changes to provisions of ORS 171.725 to 171.785 or this chapter.

(2) The commission shall adopt rules necessary to carry out its duties under ORS 171.725 to 171.785 and 171.992 and this chapter, including rules to:

(a) Create a procedure under which items before the commission may be treated under a consent calendar and voted on as a single item;

(b) Exempt a public official who is otherwise required to file a statement pursuant to ORS 244.050 from filing the statement if the regularity, number and frequency of the meetings and actions of the body over which the public official has jurisdiction are so few or infrequent as not to warrant the public disclosure;

(c) Establish an administrative process whereby a person subpoenaed by the commission may obtain a protective order;

(d) List criteria and establish a process for the commission to use prosecutorial discretion to decide whether to proceed with an inquiry or investigation;

(e) Establish a procedure under which the commission shall conduct accuracy audits of a sample of reports or statements filed with the commission under this chapter or ORS 171.725 to 171.785;

(f) Describe the application of provisions exempting items from the definition of “gift†in ORS 244.020 (5)(b) and the application of the prohibition on entertainment contained in ORS 244.025;

(g) Specify when a continuing violation is considered a single violation or a separate and distinct violation for each day the violation occurs; and

(h) Set criteria for determining the amount of civil penalties that the commission may impose.

(3) The commission may adopt rules that:

(a) Limit the minimum size of, or otherwise establish criteria for or identify, the smaller classes that qualify under the class exception from the definition of “potential conflict of interest†under ORS 244.020;

(b) Require the disclosure and reporting of gifts or other compensation made to or received by a public official or candidate for public office;

(c) Establish criteria for cases in which information relating to notices of actual or potential conflicts of interest shall, may not or may be provided to the commission under ORS 244.130; or

(d) Allow the commission to accept the filing of a statement containing less than all of the information required under ORS 244.060 and 244.070 if the public official or candidate for public office certifies on the statement that the information contained on the statement previously filed is unchanged or certifies only as to any changed material.

(4) Not less frequently than once each calendar year, the commission shall:

(a) Consider adoption of rules the commission deems necessary to implement or interpret provisions of this chapter relating to issues the commission determines are of general interest to public officials or candidates for public office or that are addressed by the commission or by commission staff on a recurring basis; and

(b) Review rules previously adopted by the commission to determine whether the rules have continuing applicability or whether the rules should be amended or repealed.

(5) The commission shall adopt by rule an electronic filing system under which statements required to be filed under ORS 244.050, 244.100 and 244.217 must be filed, without a fee, with the commission in an electronic format.

(6) The commission shall make statements filed under ORS 244.050, 244.100 and 244.217 available in a searchable format for review by the public using the Internet.

 

244.300 Status of records. (1) Records of the Oregon Government Ethics Commission are public records of this state.

(2) All information submitted to the commission in any statement required under this chapter is a public record. [1974 c.72 §18; 1977 c.588 §9; 2007 c.865 §35]

 

244.310 Executive director. (1) The Oregon Government Ethics Commission shall appoint an executive director to serve at the pleasure of the commission.

(2) The executive director is responsible for the administrative operations of the commission and shall perform such other duties as may be designated or assigned to the executive director from time to time by the commission.

(3) The commission may not delegate the power to adopt rules or issue commission advisory opinions to the executive director. The executive director may issue staff advisory opinions as provided in ORS 244.282. [1974 c.72 §16; 2007 c.865 §16]

 

244.320 Manual on government ethics; revision. (1) The Oregon Government Ethics Commission shall prepare and publish a manual on government ethics that explains in terms understandable to legislative and public officials and the public the requirements of this chapter and the commission’s interpretation of those requirements whether stated by rule or in an opinion. The manual shall set forth recommended uniform reporting methods for use by persons filing statements under this chapter.

(2) In preparing the manual, the commission shall consider the format of the manual prepared by the Attorney General to guide public officials and the public in the requirements of ORS chapter 192.

(3) The commission shall update the manual as often as the commission believes necessary but no less frequently than once every four years.

(4) The commission shall make copies of the manual available in an electronic format on the Internet. [1991 c.522 §2; 2007 c.865 §36]

 

244.330 Distribution of manual on government ethics. The Oregon Government Ethics Commission shall distribute, insofar as is practicable, copies of its ethics manual to every public official. The commission shall seek the assistance of professional associations that represent public officials in its efforts to comply with this section. [1993 c.714 §4]

 

Note: 244.330 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 244 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

244.340 Continuing education program.The Oregon Government Ethics Commission shall prepare and present a program of continuing education for public officials. The commission may use its own staff or may contract for the preparation or presentation of the program of continuing education. [1993 c.714 §5; 2007 c.865 §37]

 

244.345 Oregon Government Ethics Commission Account. The Oregon Government Ethics Commission Account is established separate and distinct from the General Fund. All moneys received by the Oregon Government Ethics Commission, other than appropriations from the General Fund, shall be deposited into the account and are continuously appropriated to the commission to carry out the duties, functions and powers of the commission. [2001 c.716 §11; 2007 c.865 §40a]

 

ENFORCEMENT

 

244.350 Civil penalties; letter of reprimand or explanation. (1) The Oregon Government Ethics Commission may impose civil penalties not to exceed:

(a) Except as provided in paragraph (b) of this subsection, $5,000 for violation of any provision of this chapter or any resolution adopted under ORS 244.160.

(b) $25,000 for violation of ORS 244.045.

(2)(a) Except as provided in paragraph (b) of this subsection, the commission may impose civil penalties not to exceed $1,000 for violation of any provision of ORS 192.660.

(b) A civil penalty may not be imposed under this subsection if the violation occurred as a result of the governing body of the public body acting upon the advice of the public body’s counsel.

(3) The commission may impose civil penalties not to exceed $250 for violation of ORS 293.708. A civil penalty imposed under this subsection is in addition to and not in lieu of a civil penalty that may be imposed under subsection (1) of this section.

(4)(a) The commission may impose civil penalties on a person who fails to file the statement required under ORS 244.050, 244.100 or 244.217. In enforcing this subsection, the commission is not required to follow the procedures in ORS 244.260 before finding that a violation of ORS 244.050, 244.100 or 244.217 has occurred.

(b) Failure to file the required statement in timely fashion is prima facie evidence of a violation of ORS 244.050, 244.100 or 244.217.

(c) The commission may impose a civil penalty of $10 for each of the first 14 days the statement is late beyond the date set by law, or by the commission under ORS 244.050, and $50 for each day thereafter. The maximum penalty that may be imposed under this subsection is $5,000.

(d) A civil penalty imposed under this subsection is in addition to and not in lieu of sanctions that may be imposed under ORS 244.380.

(5) In lieu of or in conjunction with finding a violation of law or any resolution or imposing a civil penalty under this section, the commission may issue a written letter of reprimand, explanation or education. [1974 c.72 §19; 1977 c.588 §10; 1987 c.360 §3; 1993 c.743 §29; 1993 c.747 §2; 1997 c.750 §2; 2005 c.179 §3; 2007 c.865 §18; 2007 c.877 §11a]

 

244.355 Failure to file trading statement. A person who intentionally fails to file a complete and accurate statement under ORS 244.055 commits a Class C felony. [2007 c.865 §31]

 

244.360 Additional civil penalty equal to twice amount of financial benefit. In addition to civil penalties imposed under ORS 244.350, if a public official has financially benefited the public official or any other person by violating any provision of this chapter, the Oregon Government Ethics Commission may impose upon the public official a civil penalty in an amount equal to twice the amount the public official or other person realized as a result of the violation. [1974 c.72 §20; 1987 c.566 §21; 2007 c.865 §19; 2007 c.877 §12a]

 

244.370 Civil penalty procedure; disposition of penalties. (1) Any civil penalty under ORS 244.350 or 244.360 shall be imposed in the manner prescribed by ORS 183.745.

(2) Notwithstanding ORS 183.745, a hearing is required in all cases prior to imposition of a penalty unless the public official or candidate waives the hearing. The public official or candidate to whom the notice is addressed has 10 days from the date of service of the notice in which to waive a hearing before the Oregon Government Ethics Commission and the public official or candidate shall be so notified.

(3) All penalties recovered under ORS 244.350 and 244.360 shall be paid into the State Treasury and credited to the General Fund. [1974 c.72 §21; 1977 c.588 §11; 1989 c.706 §10; 1991 c.734 §13; 2007 c.865 §25]

 

244.380 Additional sanctions for failure to file statement of economic interest. (1) If the Oregon Government Ethics Commission has imposed a civil penalty under ORS 244.350 on a public official or candidate for failing to file a statement of economic interest required under this chapter or a resolution adopted under ORS 244.160 and the public official or candidate continues to refuse to file the statement, the following apply:

(a) The commission shall notify the Oregon Department of Administrative Services or the local public body, as defined in ORS 174.109, that the public official serves of the failure to file a statement of economic interest. Except for judges, during the period beginning on the date the department or public body receives notice from the commission and ending on the date the public official files the statement of economic interest, the department or public body may not pay compensation to the public official and the public official may not begin or continue to exercise the official duty of the public official. In the case of a public official who does not receive compensation, the public official may not begin or continue to exercise the official duty of the public official until the public official files the statement of economic interest.

(b) In the case of a candidate for public office, the commission shall notify the appropriate chief elections officer of the candidate’s failure to file the statement required by this chapter. The chief elections officer shall:

(A) If the notice is received on or before the 61st day before the date of the election, cause the name of the candidate to be removed from the ballot on which the name of the candidate would otherwise appear; or

(B) If the candidate has been nominated or elected, refuse to issue a certificate of nomination or election.

(2) If the name of a candidate for public office is removed from the ballot as provided in subsection (1) of this section, the name shall be removed in accordance with ORS 254.165.

(3) As used in this section, “chief elections officer†has the meaning given that term in ORS 254.005. [1974 c.72 §23; 1975 c.543 §12; 1977 c.588 §12; 1987 c.566 §22; 1995 c.607 §69; 2007 c.865 §20]

 

244.390 Status of penalties and sanctions; consideration of other penalties imposed. (1) A penalty or sanction imposed by the Oregon Government Ethics Commission under this chapter is in addition to and not in lieu of any other penalty or sanction that may be imposed according to law.

(2) Before making a finding that there is cause to undertake an investigation under ORS 244.260 and before imposing a civil penalty under ORS 244.350 or 244.360, the commission shall consider the public interest and any other penalty or sanction that has been or may be imposed on the public official as a result of the same conduct that is the subject of action by the commission under ORS 244.260.

(3) Nothing in this chapter is intended to affect:

(a) Any statute requiring disclosure of economic interest by any public official or candidate for public office.

(b) Any statute prohibiting or authorizing specific conduct on the part of any public official or candidate for public office. [1974 c.72 §25; 2007 c.865 §2; 2007 c.877 §39a]

 

244.400 Attorney fees for person prevailing in contested case. (1) A person who prevails following a contested case hearing under this chapter or ORS 171.778 shall be awarded reasonable attorney fees at the conclusion of the contested case or on appeal.

(2) Upon prevailing following a contested case hearing or lawsuit, the person may petition the Marion County Circuit Court for the purpose of determining the award of reasonable attorney fees. The Oregon Government Ethics Commission shall be named as a respondent in the petition. The petitioner and respondent shall follow the procedure provided in ORCP 68 for the determination of reasonable attorney fees. The court shall give precedence on its docket to petitions filed under this subsection as the circumstances may require.

(3) An appellate court shall award reasonable attorney fees to the person if the person prevails on appeal from any decision of the commission.

(4) Attorney fees to be awarded under this section shall be only those fees incurred by the person from the time the commission notifies the person that it has entered an order to move to a contested case proceeding.

(5) Any attorney fees awarded to the person pursuant to this section shall be paid by the commission from moneys appropriated or allocated to the commission from the General Fund. [1991 c.770 §9; 1993 c.743 §30; 2007 c.865 §26]

 

_______________

 

CHAPTER 245

 

[Reserved for expansion]

 

University Senate Resolution US08/09-7


University Senate Resolution US08/09-7

Sponsored by: Peter Gilkey and ASUO President Sam Dotters-Katz

Background information: House Bill 2939, which is being considered at the 2009 session of the Oregon Legislature, would provide that certain students are to be considered residents of Oregon for the purpose of determining tuition and fees at the University of Oregon. If HB 2939 passes, then a student who is not a citizen or a lawful permanent resident of the United States would be entitled to attend the University of Oregon and pay in state tuition rates and fees provided that s/he had satisfied conditions which can be paraphrased as follows:

  • 1) S/he had attended an elementary or a secondary school and had resided in Oregon during the five years immediately prior to receiving a high school diploma or prior to leaving school before receiving a high school diploma.
  • 2) S/he had received a high school diploma from a secondary school in Oregon or had received the equivalent of a high school diploma.
  • 3) S/he did not establish residency outside Oregon after receiving a high school diploma in Oregon or leaving school before receiving a high school diploma.
  • 4) S/he plans to become a citizen or a lawful permanent resident of the United States.
Be it therefore resolved: The University of Oregon Senate finds the provisions of HB 2939, as outlined above, to be equitable, wise, and just educational policy.
  1. Passage of this motion entails no financial cost to the University; implementation of HB 2939 may entail additional financial cost to the University.
  2. See Original version proposed by Sam Dotters-Katz
  3. See Email in support from Lynn Stephen.
  4. Passed at the 13 May 2009 meeting of the UO Senate.
Web page spun on 13 May 2009 by Peter B Gilkey 202 Deady Hall, Department of Mathematics at the University of Oregon, Eugene OR 97403-1222, U.S.A. Phone 1-541-346-4717 Email:peter.gilkey.cc.67@aya.yale.edu of Deady Spider Enterprises

University Senate Resolution US08/09-7


This file is preserved for the historical record. It was the original version introduced. It is no longer normative.

University Senate Resolution US08/09-7

Authored by: ASUO President Sam Dotters-Katz

Sponsored by: Peter Gilkey

SUMMARY

Declares support for Oregon House Bill(HB) 2939, commonly known as 'Tuition Equity'(see attached).


A BILL FOR RESOLUTION

Section I.

  • 1.1 Whereas, The University of Oregon is the flagship public AAU post-secondary higher education institution in this state; and
  • 1.2 Whereas, HB2939 has been introduced in the Oregon Legislature, which would direct the Oregon University System (OUS) to determine tuition and fee rates for Oregonians who have graduated from and attended an Oregon school for at least 4 years, yet lack complete immigration documentation, equal to that of other instate residents; and
  • 1.3 Whereas, HB2939 is solely an issue of equitable access to education for all Oregonians; and
  • 1.4 Whereas, Oregon is required by law to provide a K-12 education to everyone, regardless of documentation status; and
  • 1.5 Whereas, HB2939 would ensure the investment made in students during K-12 would not be wasted by ensuring all Oregon high school graduates have the opportunity to attend Oregon universities at the same rate; and
  • 1.6 Whereas, Out-of-state tuition at OUS institutions is as much as three times the cost of in-state tuition; and
  • 1.7 Whereas, The cost of out-of-state tuition presents a significant barrier to many Oregonians being able to attend college; and
  • 1.8 Whereas, The University of Oregon must always stand against institutional inequality and barriers at all levels of education for every Oregonian and every human being.
  • Section II.

  • 2.1 Be it resolved that the University Senate officially declares institutional support for HB2939

  1. Passage of this motion entails no financial cost to the University; implementation of HB 2939 may entail additional financial cost to the University.
Web page spun on 24 April 2009 by Peter B Gilkey 202 Deady Hall, Department of Mathematics at the University of Oregon, Eugene OR 97403-1222, U.S.A. Phone 1-541-346-4717 Email:peter.gilkey.cc.67@aya.yale.edu of Deady Spider Enterprises

Motion US 08/09-8 Concerning Transparancy of University Financial Transactions


Motion US 08/09-8 Concerning Transparancy of University Financial Transactions

MOTION TO ESTABLISH AN ON-LINE BUDGET REPORTING SYSTEM AT THE UNIVERSITY OF OREGON

SPONSOR: N. Tublitz, Department of Biology

BACKGROUND: The University of Oregon releases general financial information regarding expenditures on an annual basis. However detailed information on specific expenditures is not easily available. For example, it is currently nearly impossible to ascertain how much did the Biology Department spend on frogs for dissections last term or what were the monthly fax charges accrued by the Romance Languages Department last month.

Our colleagues at Oregon State University have developed a user-friendly, on-line budget reporting web site where users can track expenditures, transaction by transaction, by clicking on specific budget lines in an academic department or administrative office, from the President's office on down (https://bfpsystems.oregonstate.edu/webreporting/). The OSU system easily tracks individual line items and shows for each how much was budgeted, actual expenditures and available balances. A video demonstration of the OSU system can be viewed at http://people.oregonstate.edu/~dennisb/videos/nacubo/demo1.html

The OSU on-line budget reporting system has received national exposure and praise (e.g., http://www.insidehighered.com/news/2008/03/07/financial). A State of Oregon legislative bill (House Bill 2500; ) has been introduced in the current legislative session to establish a similar type of searchable budget reporting website for all executive, legislative and judicial branches of state government. This motion proposes to establish an on-line budget reporting system at the University of Oregon similar to that already in place at Oregon State University.

MOTION: The University Senate respectfully requests the University of Oregon Administration to establish a publicly accessible, on-line budget reporting system at the University of Oregon by 15 November 2009 that will allow users to track current and retroactive individual university expenditures as is currently done at our sister institution Oregon State University on their budget reporting website (https://bfpsystems.oregonstate.edu/webreporting/).

FISCAL IMPLICATIONS: OSU's VP for Finance and Administration, Mark McCambridge, states that their cost of developing a web site to interface with their existing budget database (BANNER) cost less than $10,000. Given that OSU has already produced the interface, the cost to the University of Oregon should be significantly less.


Legislative History

  1. For action at the 13 May 2009 Senate Meeting.
  2. See Memo dated 5 May 2009 concerning Motion US08/09-8 from Vice President for Finance and Administration (Frances Dyke).
  3. Amended and passed at the 13 May 2009 meeting of the UO Senate.

Web page spun on 29 April 2009 by Peter B Gilkey 202 Deady Hall, Department of Mathematics at the University of Oregon, Eugene OR 97403-1222, U.S.A. Phone 1-541-346-4717 Email:peter.gilkey.cc.67@aya.yale.edu of Deady Spider Enterprises

Conferral of degrees 2008/9

Conferral of degrees 2008/9



In June 1999, the UO Assembly passed Motion UA 98/99-01 The University Assembly delegates to the University Senate its authority to award degrees to individuals on the Official Degree List. Motion to Authorize the Award of Degrees (Chair of the Academic Requirements Committee): The Senate of the University of Oregon recommends that the Oregon State Board of Higher Education confer upon the persons whose names are included in the Official Degree List, as compiled and certified by the University Registrar for the academic year 2008-2009 and Summer Session 2009, the degree for which they have completed all requirements.


Web page spun on 25 April 2007 by Peter B Gilkey 202 Deady Hall, Department of Mathematics at the University of Oregon, Eugene OR 97403-1222, U.S.A. Phone 1-541-346-4717 Email:peter.gilkey.cc.67@aya.yale.edu of Deady Spider Enterprises

This version is not normative -- the normative v ersion is US089-3.html. This version reflects the version the Senate was presented with at the December meeting. It was subsequently amended and passed at amended at this meeting. It is available for histor


MOTION US08/09-3 -- To establish an ad hoc Senate committee to contribute to the presidential search process


Sponsored by: Senate Executive Committee

For Senate Action: December 3, 2008

Moved that,

The University Senate approves the immediate establishment of an ad hoc Senate Committee to monitor and contribute to the current search for the next President of the University of Oregon. This committee shall be known as the Senate ad hoc University Committee on the Presidential Search and shall have the following charge, membership, and reporting structure:

CHARGE AND RESPONSIBILITIES:

  • (a) Upon its establishment the Committee shall respectfully request of the Chancellor and the State Board of Higher Education's Presidential Search Committee that it be presented the names, applications, and files of the top three finalists for the position in a timely fashion (this information shall be held in the strictest confidence);
  • (b) The Senate Ad Hoc Committee, should it be granted access to the files of the finalists, shall confidentially recommend to the Search Committee its preference for the candidate or candidates to be brought to campus;
  • (c) The Senate Ad Hoc Committee shall urge the Search Committee to invite three finalists to campus;
  • (d) The Senate Ad Hoc Committee shall cooperate with the Search Committee in the scheduling of events and meetings for any candidate or candidates brought to campus to ensure as broad and deep an exposure to as many faculty, campus groups, and stakeholders as possible.
  • (e) Following the conclusion of the campus interviews, the Senate Ad Hoc Committee shall seek and gather as much feedback as possible on the candidates from faculty, students and other campus stakeholder groups; and,
  • (f) After receiving such feedback from campus constituencies, the Senate Ad Hoc Committee shall weigh all available information on the candidates and confidentially recommend to the Search Committee its preference for the next University President. The Senate Ad Hoc Committee shall coordinate closely with the Search Committee to ensure that its recommendation is made in a timely manner.

    MEMBERSHIP: The membership of this Committee shall be appointed by the University Senate President in close consultation with the Senate Executive Committee. Membership shall consist of 9 tenured faculty members, 1 librarian, 1 officer of administration, 1 undergraduate student, 1 graduate student, and 1 classified staff member. The 9 faculty members shall represent the following constituencies: 3 from the College of Arts and Science (1 each from humanities, social sciences and natural sciences) and 1 each from the professional schools and colleges (Architecture and Allied Arts; Business; Journalism and Communication; Education; Law; Music and Dance). The University Senate President shall serve as a liaison between the Senate Ad Hoc Committee and the Search Committee. The Committee shall elect its own Chair.

    REPORTING: The Senate Ad Hoc Committee on the Presidential Search shall report to the Senate on its progress and its contributions to the search as appropriate.


    BACKGROUND: Faculty and other campus stakeholder groups currently have a limited voice in the current Presidential search process conducted by the State Board of Higher Education. The search is closed until the final stage of the search process and it is not clear whether the State Board's search committee will allow more than one candidate to be publicly interviewed. Given the traditions of openness and fairness that have characterized past searches for major administrators on this campus, and given the tradition of University of Oregon presidents who have come from the ranks of academia, it is in the best interest of the Search and the future of the University that the process be broadened to include greater representation of the faculty and other campus stakeholders.

    FISCAL IMPACT: There may be a few minor expenses associated with establishing this committee. Candidates will already be on campus so costs will be limited to those associated with meetings with faculty and other stakeholder groups. It is assumed that the University administration will pick up these minor expenses.


    Web page spun 3 November October 2008 by Peter B Gilkey 202 Deady Hall, Department of Mathematics at the University of Oregon, Eugene OR 97403-1222, U.S.A. Phone 1-541-346-4717 Email:peter.gilkey.cc.67@aya.yale.edu of Deady Spider Enterprises

US08/09-4 - Request for data collection on effects of moving graduation to accommodate the NCAA Track & Field Championships


US08/09-4 - Request for data collection on effects of moving graduation to accommodate the NCAA Track & Field Championships

Preamble: The recent decision to move the 2010 Commencement to the weekend prior to final exams to avoid the conflict with the NCAA Track & Field Championships has potential consequences on student exam performance as well as on students' ability to host family and friends during commencement. While there are a variety of opinions both for and against this decision, there is no clear data as to whether it will have a negative impact on students' educational experience.

Whereas, clear qualitative and quantitative data is beneficial in contributing to decisions around the academic/athletic balance,

And whereas, such decisions are likely to be required in the future,

Be it moved that,

The Senate respectfully requests that the central administration openly and clearly collect and report data associated with student performance during years where exams are held prior to commencement to be compared against the one or more years when they are to be held after. In addition, the Senate respectfully requests that the central administration collect and report baseline survey data on student and family perception and satisfaction with the 2009 Commencement to be compared with similar data to be collected during the 2010 Commencement and beyond.

Financial Impact: Depending upon the extent of this undertaking, it is estimated that costs could be as low as $2000 and as high as $20,000.


Legislative History

  • Sponsored by Senator Redford and Senate Vice President Gilkey.
  • See Email 5 Feb 2009 from Senator Redford.
  • Passed at the 11 February 2009 meeting.
  • See Email of 8 July 2009 from Provost Jim Bean indicating that in fact Commencement 2010 is not going to be moved. Thus this motion has been rendered inoperative.
Web page updated 4 August 2009 by Peter B Gilkey 202 Deady Hall, Department of Mathematics at the University of Oregon, Eugene OR 97403-1222, U.S.A. Phone 1-541-346-4717 Email:peter.gilkey.cc.67@aya.yale.edu of Deady Spider Enterprises

US08/09-5 Revision to Conflict of Interest Policy


US08/09-5 Revision to Conflict of Interest Policy

The following is a draft motion - the final form may be just a bit different.
Motion US08/09-5 - Concerning Financial Conflict of Interest policy and forms:

Whereas, a robust financial conflict of interest policy and set of procedures is vital for the university community

Be it moved that, the Senate endorses following documents:

  1. UO Policy Financial Conflict of Interest Disclosure and Management for Investigators in Externally Sponsored Programs.
  2. Financial Conflict of Interest Annual Disclosure Form.
  3. Financial Conflict of Interest Disclosure Attachment.

Legislative History

  1. Transmittal letter by M. Rowles 30 Mar 2009.
  2. Passed at the 8 April 2009 meeting of the UO Senate.
Web page updated 9 April 2009 by Peter B Gilkey 202 Deady Hall, Department of Mathematics at the University of Oregon, Eugene OR 97403-1222, U.S.A. Phone 1-541-346-4717 Email:peter.gilkey.cc.67@aya.yale.edu of Deady Spider Enterprises
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