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									  Oregon Law
  Commission
Government Ethics
  Work Group

                    Summary of Recommended Changes
                     to Oregon Government Ethics Laws
             Presented to the 2007 Oregon Legislative Assembly



  * Summary reflects Commission’s recommendations through December 20, 2006
    meeting
  Why do we have government
         ethics laws?

Public office is a public trust

As a safeguard for that trust, the people
require all public officials to adhere to the
code of ethics. ORS 244.010
Note: When Code of Judicial Conduct conflicts
with Code of Ethics, Code of Judicial Conduct
takes precedence.
                                                2
     Overview of Oregon Government
               Ethics Law
• Enacted by voters in 1974; substantial revisions
  recommended for 2007 by Oregon Law Commission
• Found in ORS Chapter 244
   Exceptions: Administrative Rules are in OAR Ch. 199
                   Lobbying Laws are in ORS Ch. 171
                   Campaign Finance Laws are in ORS Ch. 260
• Laws generally prohibit use of office for financial gain
• Laws require annual filing of statements of economic interest
  & quarterly filing of other financial interest reports
• Laws generally require disclosure of conflicts of interest &
  disqualification from actions when there is a conflict
• Laws provide procedure for enforcement of violations of
  government ethics laws
• Laws provide sanctions for violations                        3
               Definitions
•   Public Official     ORS 244.040(15):
    Any person serving the State or its political subdivisions or any other public body (e.g. local
    government) as an ELECTED OFFICIAL, APPOINTED OFFICIAL, EMPLOYEE, AGENT
    or VOLUNTEER (includes elected, non-elected, paid & unpaid)

•   Legislative or administrative Interest ORS 244.020(10):

    An economic interest distinct from that of the general public that is in a bill, resolution,
    regulation, proposal or other matter that is subject to the action or vote of the public official
    acting in their official capacity

•   Relative ORS 244.020(16):
    Spouse, children (including step-children), siblings, spouses of sibling, spouses of step-
    children, half-siblings, spouses of half-siblings, step parents, domestic partners (parents of
    domestic partners), parents (including in-laws).

•   Member of Household ORS 244.020(12):

    Any person who resides with the public official (previously only included relatives)
                                                                                                   4
  FINANCIAL GAIN GENERAL RULE
• Using or attempting to use position or office to obtain
  financial gain that would not otherwise be available,
  but for the position or office, is prohibited              ORS 244.040(1)



      • Avoidance of financial detriment is also “financial gain”


      • Use of equipment/resources owned by government for personal
        purposes is prohibited by this provision
             » Examples: vehicles, tools, equipment, computers,
                government employee discounts, storage of personal items
                on government property

                                                                      5
                               Nepotism
General Rules
   – A public official may not appoint, employ, or promote, a relative to a position
      with the public body in which the public official serves (likewise, official may
      not fire, discharge, of demote)
      NOTE: A public body may hire a relative of a public official so long as the
      public official does not participate in the hiring decision
   – A public official may not directly supervise a relative (a public body may
      develop its own rules to govern supervision)

Exceptions
    – Legislative Assembly: members may appoint, employ, or promote relatives
       (this exception acts in conjunction with a recommendation to the Legislative
       Assembly to establish rules regarding the employment of relatives)
    – Unpaid Volunteers: public officials may appoint, employ, or promote
       relatives who act as unpaid volunteers

Note:
   Currently, the GSPC prosecutes nepotism cases as prohibitions against financial
   gain under ORS 244.040. The work group adopted a draft specifically dealing
   with nepotism in order to provide clarity and consistency. The substantive rules
   remain mostly unchanged.
                                                                                         6
          Financial Gain: Subsequent Employment/Contract
                   Gain/Client Representation & Advice

•   No public official shall solicit or receive any pledge or promise of future employment
    based on an understanding that such public official’s vote, official action or judgment
    would be influenced thereby

•   No public official shall solicit or receive any pledge or promise of future employment
    from any person who is involved in a matter in which the official personally and
    substantially is participating

•   Legislators may not receive money for lobbying for one session after they leave
    office

•   Public official may not receive any direct beneficial financial interest in a public
    contract authorized by the public official or governing body of which the public official
    was a member, for 2 years, unless the public official didn’t participate

•   Public official may not represent a client for a fee before governing body of public
    body of which public official is a member; may not provide to client for a fee, advice
    relating to influencing public body served by the official (consulting fee)        7
            Subsequent Employment
                  Continued
•   The following persons have further regulations regarding subsequent
    employment (subsequent lobbying restrictions, restrictions on private
    employment, subsequent appearance restrictions) ORS 244.045

        Public Utility Commissioners
        Director of DCBS
        Administrator of the Div. of Finance & Corporate Securities
        Administrator of the Insurance Div.
        Administrator of the Oregon Liquor Control Commission
        Director of the Oregon State Lottery
        Deputy Attorney General & assistant attorney generals
        State Treasurer & Chief Deputy State Treasurer
        Public officials who have invested public funds as part of their official
         duties
        Dept. of State police persons who have worked with tribal gaming or
         lottery matters


                                                                                     8
  Financial Gain: Confidential
          Information

No public official shall use confidential
information gained in the course of the official
position to further the personal gain of any
person

A person who has ceased to be a public official
may not use confidential information to further
the personal gain of any person

                                                   9
   Financial Gain Prohibition
     Exceptions ORS 244.040
– Official compensation package as determined by the public
  body (could include cell phone, etc.)

– Reimbursement of Expenses

– Unsolicited awards for professional achievement or for any
  business that the official or relative is associated

– Honoraria **

– Gifts **

– Legal Expense Trust Fund contributions



                                                               10
Financial Gain Exception: Honoraria
• Public Officials (and relatives or members of official’s
  household) may NOT receive honoraria (payment for
  services, including speeches or other services) if the
  honoraria are solicited or received in connection with the
  official duties of the public official.

  Note: Public officials may receive honoraria for services
  performed in relation to a private profession, occupation,
  avocation or expertise.

Exception:
 Certificate, plaque, commemorative token or other item with
  a value of less than $50                                11
                              Honoraria

         Current Limit                 Current Reporting Requirements
                                         PO: SEI filers report > $50
                                         Lobbyist/entity: > $73 itemized;
   No limits except legislators          aggregate amount
                                         2x: even years
                                         3x: odd years
                                            Recommended Reporting
       Recommended Limit
                                                Requirements
Prohibits honoraria for PO except de   PO: SEI filers report >$15 if money
minimis (<$50);                        award; quarterly reports
Exception for higher education,        Lobbyist/entity: >$15 if money award
private profession, occupation,        itemized; aggregate amount; quarterly
avocation, or expertise: no limits     reports
                                                                            12
       Financial Gain Exception: GIFT
Gift: something of economic value given to a public official (or relative or
   member of the household) without valuable consideration, which is
   not extended to others who are not public officials

General Rule : Public officials may receive gifts from any person except
  from a person who could reasonably be known to have a legislative or
  administrative interest in the government entity in which the official
  holds a position or over which the official exercise any authority.
  From such latter persons: single gift: $100 and aggregate for year:
  $250. Gifts to a public official’s relatives and members of household
  count towards these limits. Note: Each adult public official will have
  their own gift limit exemption with these dollar limits.




                                                                           13
                         GIFT Exceptions
“Gift” does NOT include the following:

    – Campaign contributions **

    – Gifts from relatives and members of the household

    – Food, lodging, travel, and registration fees when participating in an event bearing
      a relationship to the public official’s office and when the official participates in an
      official capacity. Participation requires registration or appearing on the agenda of
      the event as a presenter. **

    – Food & beverage, if consumed by the public official (or relatives) in the presence
      of the purchaser or provider **

    – Continuing professional education registration fees

    – Membership dues in professional organizations

    – Publications for use in public official’s official capacity

   Note: Entertainment will be treated as gifts subject to value limits. **

                                                                                      14
        Use of Candidate and Principal
           Campaign Contributions
New Approach to Campaign Contributions: they are in trust and they are NOT the candidate’s money–
   but rather the committee’s moneys to use

Contributions may be:
•  1) used to support the nomination or election of the candidate
•  2) used to purchase campaign treasurer-related insurance
•  3) used to pay fines imposed by the Secretary of State for campaign finance violations (civil)

Contributions may NOT be:
•  1) used for personal use
•  2) transferred to any other candidate or political
•     committee
•  3) used to defray expenses incurred once in office
•  4) used to pay money awards, judgments or civil
      penalties except for non-criminal campaign finance violation fines
•  5) used to pay membership dues unless integrally related to election or duties as public official


NOTE: A recommendation to increase Legislative Assembly’s budget to pay for reasonable expenses
   (staff, computers, paper, travel, mailing, copying, etc.) is tied to recommendation of restrictions on
   use of campaign contributions


                                                                                                        15
         Campaign Contributions of Other Political
                     Committees
            (Not candidate or principal campaign committees)

Contributions may not be:
• 1) converted to any personal use
• 2) used to defray expenses of a public
      official
• 3) used to pay money awards, judgments
     or civil penalties except for non-criminal campaign finance
     violation fines
• 4) used to pay membership dues unless
     integrally related to election or duties of a
     public official
                                                               16
   Leftover Campaign Contributions
When candidate or principal campaign committee
  is discontinued, money only may be distributed
  to:
• 1) charitable organization or charitable
      corporation except religious organizations
• 2) political committee of any political party
      (state, or local)
• 3) caucus political committee
• 4) Property and Supplies Stores Account of
      legislature (if committee was for legislator(s))
                                                         17
     Treasurer for Candidate or
   Principal Campaign Committee
• Candidate and principal campaign committees
  must appoint a treasurer.

• The treasurer may not be the candidate unless:
  1) < $2000 combined contribution and
      expenditures;
  OR
  2) candidate uses only personal funds to fund
     campaign


                                                   18
                                       Gifts
            Current Limit                    Current Reporting Requirements

                                                PO: no report
                                                Lobbyist/entity: >73 itemized;
 $100 max per source per year
                                                aggregate amount of gifts
 (covers public officials & relatives)
                                                2x: even years;
                                                3x: odd years

                                                 Recommended Reporting
        Recommended Limit
                                                     Requirements
$100 value max for gift                      PO: SEI filers itemize gifts valued >
$250 max per source per year                 $15; quarterly reports
(gifts to public official’s relatives, and   Lobbyist/entity: itemize >$15;
members of household count towards           aggregate amount of gifts; quarterly
limits)                                      reports; notify PO of value
                                                                                 19
                             Food, Lodging, Travel
               Current Limit                           Current Reporting Requirements

                                                    PO: SEI filers report >$148 annually
Unlimited if “participating in an event             Lobbyist/entity: >$73 itemized; aggregate
which bears a relationship to the public            amount
official’s office and when appearing in an
official capacity”                                  2x: even years
                                                    3x: odd years
            Recommended Limit                         Recommended Reporting Requirements
Clarified to also clearly cover registration fees
of event.
Unlimited if public official “participates in       PO: SEI filers itemize if value >$75; quarterly
official capacity at even that bears a              reports
relationship to the public official’s office;”      Lobbyist/entity: itemize >$75; aggregate
participate means “registered as attending the      amount; quarterly reports; notify PO of value
even or appears on the agenda of the event as a
presenter”

                                                                                                 20
        Food and Beverage Consumed in Presence

            Current Limit                   Current Reporting Requirements
                                             PO: no report
                                             Lobbyist/entity: >$73 itemized;
   Unlimited for public official and         aggregate amount
   relatives
                                             2x: even years
                                             3x: odd years
                                                Recommended Reporting
        Recommended Limit
                                                    Requirements

                                            PO: no report
Unlimited for public official, relatives,
and members of household                    Lobbyist/entity: >$75 itemized;
                                            aggregate amount; quarterly reports

                                                                               21
                              Entertainment

            Current Limit                   Current Reporting Requirements

Must be experienced by public official       PO: no report
or public official’s relative in presence    Lobbyist/entity: >$73 itemized;
of purchaser                                 aggregate amount
$100 max per single event; $250 max          2x: even years
per source per year                          3x: odd years
                                               Recommended Reporting
        Recommended Limit
                                                   Requirements


     Entertainment is a gift                   Entertainment is a gift
     (see gift recommendations)                (see gift recommendations)

                                                                               22
                  Reporting:
     Statements of Economic Interest (SEI)
* Officials listed in ORS 244.050 must file a statement of
   economic interest (all cities and counties now covered)
* Annual report must be filed with GSPC on or before April 15
   each year (different timelines for candidates)
• Information required in statement of economic interest (with
   respect to official and members of household):

      • Listing of positions as officer or director of a business
      • Listing of all names under which the person does
        business
      • Listing of the 5 largest sources of income received
        during the preceding calendar year, including address
        and description (note: percentage of income questions
        deleted)
      • Listing of names of public official or candidate’s       23
        relatives and members of household > 18
      Reporting: Statements of Economic
         Interest (SEI) Continued…
• Listing of all real property located within the geographic boundaries of the
  governmental entity in which the official has authority
• Each business, address, and description of nature, in which the official (or
  household member) has had a personal, beneficial interest, or investment
  (including stocks & securities) >$1000 if the business has “legislative or
  administrative interest” in the governmental entity over which the official
  has authority
• Debts >$1000 owed to individual or business with “legislative or
  administrative interest” in the governmental entity over which the official
  has authority
• Each person for whom the official has performed services for a fee
  > $1000 if source has a “legislative or administrative interest” in the
  governmental entity over which the public official has authority
• Names of any compensated lobbyists who are associated with a business
  with which the official (or household member) is associated
Note: Treasurer’s office staff has some additional reporting requirements ORS 244.055
                                                                                        24
           Reporting: Quarterly Reports
SEI Filers must also filing a quarterly report with the following information:

        • Listing of name, nature and business address of persons paying
          food, lodging, travel expenses and registration fees > $75, when
          official participated in an event bearing a relationship to official’s
          office and when participating in official capacity

        • Sources of income >$1000 to official (or member of household) if
          from an individual or business with “legislative or administrative
          interest” in the governmental entity over which the official has
          authority

        • Listing of payer & date for any honoraria received by official or
          member of household that is valued >$15

       • Gifts itemized with value >$15
Note: May amend all reports for 30 days after filing deadline without
  sanction.                                                                      25
      Value of Reportable Items
• Persons who provide a public official with food, lodging,
  registration fees or travel should notify public official in
  writing with the amount of the expenses within 10 days
  after the expenses were incurred

• Persons who make a gift to a public official, candidate, or
  relative (that must be listed in an SEI) should notify the
  public official, candidate or relative in writing of the value
  of the gift within 5 days of giving the gift

• Public officials shall make a good faith estimate of the
  value of reportable items when the value is not
  disclosed, i.e. regardless of whether a person failed to
  provided required written notice of the value

                                                                 26
                       Conflicts of Interest
• Actual Conflict of Interest ORS 244.020(1)

  Any action, decision, or recommendation by a public official in official
  capacity, the effect of which WOULD be to the private pecuniary gain or
  detriment of the official, relative, or business of official or relative

• Potential Conflict of Interest ORS 244.020(14)

  Any action, decision, or recommendation by a public official in official
  capacity, the effect of which COULD be to the private pecuniary gain or
  detriment of the official, relative, or business of official or relative

  Note: there are a couple exceptions regarding memberships, actions
  affecting a class of persons, etc.
                                                                             27
       Conflict of Interest General Rules
    Disclosure and disqualification requirements vary depending on the type of
    public official and the type of conflict (actual or potential) ORS 244.120

   Members of the Legislative Assembly:
    Potential Conflict: Must announce pursuant to house rules before taking action (need not
    disqualify)
    Actual Conflict: Must announce pursuant to house rules and may not participate in discussion
    or debate in committee or on floor and may not vote unless allowed by house rules
   Judges:
    Must be removed from case giving rise to the actual or potential conflict of interest or advise
    parties of the nature of the conflict

   Elected public officials and appointed public officials on a board or commission (does
    not include Legislative Assembly members and Judges) :
    Potential Conflict: Must announce publicly before taking action (need not disqualify)
    Actual Conflict: Must announce publicly and refrain from participation, including voting
           Exception for elected public officials:
            When public official’s vote is necessary to meet requirement of a minimum number of
            votes to take official action

                                                                                            28
    Conflict of Interest General Rules continued. . .

   All other public officials (not provided for above): Must notify in writing the
    person who appointed the official to office of the nature of the actual or potential
    conflict of interest and request the appointing authority to dispose of the matter.
    The appointing authority shall designate an alternate to dispose of the matter
    within a reasonable time. (shall disqualify)

   General exceptions (applies to all public official except judges):
    If an actual conflict arises out of membership in a non-profit organization the
    public official must disclose as required, but may participate in the decision.

    Ownership of a mutual fund does not create an actual or potential conflict of
    interest with respect to each stock that is part of the mutual fund.

   When a public official gives notice of a conflict, the conflict must be recorded in
    the official records of the public body ORS 244.130



                                                                                       29
Additional Disqualification Rules
  Disclosure and disqualification requirements vary depending on the type of public
  official for actions that may be significantly influenced by the following:

 1)     a financial interest personal to the official, relative or business with which the person is
        associated
 2)     an individualized personal bias for or against an identified or identifiable person whom the
        person knows to be a direct object of the action

 Members of the Legislative Assembly
 Must announce the nature of the potential interest or bias and refrain from participation in
       discussion or debate; may not vote in committee but may vote on the floor

 Elected Public Official or Appointed Public Official on a Board or Commission
 Must announce the nature of the potential interest or bias and refrain from participating in
       discussion or debate; may not vote on the issue unless official’s vote is necessary to meet
       a requirement of a minimum number of votes to take official action

 All Other Public Officials

 Must notify in writing person who appointed/hired official and that person must dispose of the
       matter


                                                                                                  30
   Government Standards and
  Practices Commission (GSPC)
7 members: ORS 244.250
   – 3 Governor’s appointments (max of 2 from
      same major political party)
   – 4 Governor’s appointments with
      recommendation by the leadership of the
      Democratic and Republican parties in each
      house of the Legislative Assembly

• GSPC Commissioners generally can not hold another
  public office at the same time
• 4 year term (can not be renewed unless first term was to fill
  an unexpired term)
• Commission elects own chair and vice chair person
• Quorum of four required; no final decision without a majority
  of members
• Commissioners entitled to $30/day & travel expenses
  ORS 292.495                                             31
                    GSPC Duties
• Provides online reporting forms and provides public access to all
  filed reports
• Prepares, publishes, updates, and distributes a manual on
  government ethics explaining requirements of Chapter 244
• Prepares and presents a program of continuing education for public
  officials and lobbyists
• Conducts accuracy audits on a sample of all reports submitted to the
  GSPC
• Enforces ethics laws by addressing complaints and initiating own
  actions, including necessary investigations
• Engages in necessary and required rulemaking
• Provides advisory opinions




                                                                    32
    GSPC Rulemaking & Opinion Authority
•   Rulemaking: The GSPC has broad rulemaking authority for Chapter 244 (regarding ethics laws for public
    officials) and Chapter 171 (regarding ethics laws for lobbyists to adopt rules necessary to carry our its duties.
    ORS 244.290 Annual rulemaking on reoccurring topics and topics of broad interest. State agencies and
    state-wide organizations may also submit policies for review and approval. If approved by the GSPC, GSPC
    may not sanction.

     Written Commission Advisory Opinions
•   Issued by GSPC upon approval of a majority of GSPC Commissioners
•   Can be issued upon written request or upon the GSPC’s own motion
•   Commission shall respond to written requests generally within 60 days (extension available for additional 60 days)
•   Opinion may be based on real or hypothetical facts or circumstances
•   Advisory opinions have precedential effect (no liability for action or transaction carried out according to opinion)

    Written Staff Advisory Opinions
•   Issued by Executive Director
•   Can be issued upon the written request of any person
•   Executive Director shall respond to written requests generally within 30 days
•   Written staff advisory opinions shall be designated as such
•   Commission or a court shall consider whether actions that may be subject to ethics law penalties were taken in reliance on a
    staff advisory opinion
•   Opinion may be based on real or hypothetical facts or circumstances

    Staff Advice
•   Issued by Executive Director
•   Can be issued upon written or oral request of any person
•   Commission or court may consider reliance on staff advice before issuing any penalty




                                                                                                                           33
         GSPC Enforcement Process
         When deciding whether to proceed, GSPC must consider public interest and prior and
         likely future sanctions

      Note: Recommend moving investigative function away from GSPC and placing with
      Office of Controller if such office is created.
Preliminary Review Phase (confidential)
Unless stipulated by GSPC and public official, or there is a criminal investigation pending, or there is a
court order, this phase shall not exceed 135 days. ORS 244.260

         - Exception to 135 days:
          When complaint is filed against candidate for elected office and the election is within 61 days (candidate can
         choose to proceed or delay proceeding until after the election)

STEPS:
1.       Signed complaint or GSPC instigated action (followed by GSPC motion)
2.       Notice to public official of action
3.       Commission meetings as necessary
4.       GSPC may seek, solicit, and obtain information, administer oaths and take depositions necessary to determine
         whether there is cause
5.       Executive Director shall prepare a statement of facts determined during the phase, including legal citations and
         relevant authority (reviewed by legal counsel to the GSPC) and present statement to GSPC
6.       GSPC conducts deliberations in executive session
7.       At the conclusion of the preliminary review phase, the GSPC can:
         dismiss complaint or rescind GSPC’s own motion
         or
         find cause to investigate

Note: GSPC shall not inquire or investigate any complaint or action that occurred more than 4 years ago (Statute of
        Limitations)

                                                                                                                       34
Investigatory Phase                   ORS 244.260
Phase is open to the public. (Note: Unless stipulated by GSPC and public official, or
there is a criminal investigation pending, or there is a court order, this phase shall not
exceed 180 days (from finding of cause to beginning of any contested case
proceeding))

      GSPC may require additional information, administer oaths, take depositions, and issue
       subpoenas to compel attendance of witnesses and production of information during
       investigatory phase

      At the close of the Investigatory Phase, GSPC may take an order to:
                    Dismiss (with or without comment)
                    Continue investigation (not to exceed 30 days)
                    Move to a contested case proceeding (GSPC determines information is
                     sufficient to make a preliminary finding of violation of a statute(s) within
                     GSPC’s jurisdiction) or the GSPC may refile the case in Marion County Circuit Court
                    Seek a negotiated settlement (stipulated final order)
                   Report findings of any inquiry or investigation to public official, appointing authority (if
                    applicable), the Attorney General (if state official), the district attorney (if local official), the
                    Commission on Judicial Fitness and Disability (if judge)
                    Take other appropriate action

      If there is a contested case proceeding, hearings related to charge of violations must be
       held before an administrative law judge (procedure for a contested case under APA). If
       GSPC does not delegate final order authority to the ALJ, the public official may opt to
       require the GSPC to refile in Marion County Circuit Court.



                                                                                                                35
              Legal Counsel Issues
• Attorney General’s office represents GSPC
  ORS 244.250(7)
   – Exception: GSPC may retain legal counsel if inappropriate and
      contrary to the public interest for AG to represent because of a conflict
      of interest

• The Attorney General shall NOT represent any state public official before
  the GSPC ORS 244.250(8)

• Public official who prevails in a contested case hearing shall be awarded
  reasonable attorney fees

• Public official may establish a legal expense trust fund on the official’s
  behalf to accept contributions for legal expenses (exception to financial
  gain rule) to defend certain matters brought by the government


                                                                          36
            Sanctions for Government
                Ethics Violations
• Civil penalty ORS 244.350
  Letter of reprimand up to $5000 maximum penalty
  Note: Recommendation that GSPC also adopt rules
  regarding appropriate fines, providing guidance akin to a
  matrix

• Up to $25,000 for subsequent employment violations
  listed in ORS 244.045

• Forfeiture ORS 244.360
  In addition to civil penalty, forfeit twice the amount of any
  financial benefit realized from ethics violation
                                                                  37
            Sanctions Continued. . .
• Failure to file statement of economic interest:
   ORS 244.350 and 244.380
    – $10 each day late for the first 14 days,
      $50 each day late thereafter, $5000 max
    – Salary withheld
    – Barred from exercise of official duties
    – Candidates– removed from ballot or refusal to issue
      certificate of nomination or election
• Criminal: Finding of false swearing of statement of economic
  interest is a Class A misdemeanor
• Finding of violation by GSPC constitutes prima facie
  evidence of unfitness where removal is authorized by other
  law
• GSPC must notify a public body where a public official serves
  if the public official is found to violate the ethics laws
                                                           38
                  Other Remedies
• No decision or action of a public official, board or commission on
  which the official serves or agency by which the official is employed,
  shall be voided by any court solely by reason of failure of the official
  to disclose an actual or potential conflict of interest ORS 244.130

• If a public official acted when disqualified to do so, the act remains
  valid if:

   the government body reaffirms the act or decision or

   the official’s act was solely a vote in a collective decision and the
   vote was unnecessary for the decision or

   the act was permitted by the rule of necessity

                                                                           39
                          GSPC Funding
Recommends that the Legislative Assembly adequately fund the
  underfunded GSPC

•   See example listing the needs of the GSPC, represented by an estimated need
    of approximately 6 FTEs
•   See Non-Statutory recommendations that recommend funding for a trainer, an
    online searchable database (with opinions, SEIs, lobbyist reports), and online
    filing of reports

Establish a separate Fund (from General Fund dollars) to fund the
  GSPC and make continuous appropriations to the GSPC.

•   Provide funding for a publicly accessible and searchable online database for
    GSPC opinions, GSPC staff opinions, educational sources, SEIs,
    lobbyist/lobbyist entity reports
•   Provide funding for a full-time trainer




                                                                                     40
                         Lobbyist Regulations
   GSPC has jurisdiction only over lobbyists who lobby legislative or executive officials regarding a
    legislative matter

   Lobbyist laws found in ORS Ch. 171 & OAR Ch. 199

   Lobbyists must register with the GSPC for each group or organization they represent
    (clarification of 24 hour and $100 rules)

    List of those exempted from registering as a lobbyist expanded to include deputy chief of staff and legal
    counsel for the Governor; chief of staff to the Treasurer; and Oregon Law Commissioners and staff

   Lobbyists must file quarterly expense statements with the GSPC, reporting:
        Total amount of moneys expended for the purpose of lobbying for food, refreshments, and entertainment
        Itemized information for any expenditure made for the purpose of lobbying in excess of $75
        Itemized information on gifts exceeding $15 given for the purpose of lobbying

   Entities that employ lobbyists must file quarterly expense statements with the GSPC, reporting:
        Payments made to individual lobbyists or lobbying firms and direct expenditures and reimbursements (itemized by
         lobbyist or lobbying entity, if there are multiple lobbyists or lobbying entities)
        Itemized information for any expenditure made for the purpose of lobbying in excess of $75
        Itemized information on gifts exceeding $15 given for the purpose of lobbying

   Must provide timely notice to public official or candidate of value of certain items

   Lobbyists prohibited conduct rules found at ORS 171.756

   Available sanctions: civil sanction with a maximum of $5000, notice to Legislative Assembly; late filing
    fines of $10 per day and then $50 per day after 14 days

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   Oregon Law Commission
Government Ethics Work Group
 Recommendations Overview


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