Oregon Administrative Rules Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION
Oregon Administrative Rules (OAR) Chapter 199 is dedicated to the Oregon Government Ethics Commission (OGEC). This chapter contains the detailed rules that the OGEC uses to enforce and provide guidance on Oregon's government ethics laws.
The OGEC's primary mission is to ensure that public officials, employees, and volunteers at all levels of state and local government (across all three branches) maintain public trust by prohibiting the use of their office for personal financial gain and promoting transparency.
Here's a breakdown of the key areas covered in OAR Chapter 199:
Division 1: Procedural Rules: This division outlines the general procedures for the Commission's operations, including notice of proposed rules, meeting procedures, advisory opinions, and guidelines on how multiple violations will be charged and sanctioned. OAR 199-001-0015 specifically details the guidelines on sanctions, including factors for mitigating or aggravating violations and a system for calculating civil penalties or forfeitures.
Division 5: Gifts: This division defines what constitutes a "gift" in the context of public officials, sets limits on the value of gifts that can be accepted from sources with legislative or administrative interests, and clarifies exceptions.
Division 8: Compliance and Sanctions: This division provides definitions for terms used in ORS Chapter 244 (Government Ethics Law) and outlines the policies and procedures for addressing violations, including the criteria for exercising prosecutorial discretion and settlement processes.
Division 10: Lobbying Registration and Reporting: These rules pertain to the registration requirements for lobbyists and the periodic expenditure reports that lobbyists and their clients/employers must file. It defines lobbying activities and outlines the content and deadlines for these reports.
Division 20: Statement of Economic Interest: This section identifies which public officials are required to file annual verified statements of economic interest, specifies the filing deadlines, and provides guidelines for compliance with these disclosure requirements. These statements are public records and are designed to reveal potential financial conflicts of interest.
Division 40: Executive Session: This division provides rules for when public bodies can meet in executive (closed) session, outlining permitted and prohibited topics, notice requirements, and restrictions on making decisions in executive session.
Division 50: Public Meetings Law: These rules define what constitutes a public meeting, which governing bodies are subject to the law, notice requirements, public attendance rules, and the necessity of recording minutes or making recordings of meetings.
The Oregon Government Ethics Commission also enforces relevant provisions from Oregon Revised Statutes (ORS), particularly:
ORS Chapter 244 (Government Ethics): This is the core ethics law that prohibits public officials from using their position for financial gain, defines conflicts of interest, and sets rules for gifts, honoraria, and nepotism.
ORS Chapter 171 (State Legislature): This chapter includes provisions related to lobbying regulations.
ORS Chapter 192 (Public Records and Meetings): Specifically, the OGEC has jurisdiction over the executive session provisions within this chapter.
The OGEC actively works to provide guidance and training to public officials to help them understand and comply with these laws and rules, often publishing guides and offering training sessions. It's crucial for anyone dealing with government ethics in Oregon to consult the most current version of OAR Chapter 199 and the relevant ORS chapters.
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