A public official is any person who is serving the State of Oregon — or any of its political subdivisions or any other public body — as an elected official, appointed official, employee, agent or otherwise, irrespective of whether the person is compensated for the service. All public officials have an obligation to conduct business in an ethical manner and make decisions that are in the best interest of their constituents.
It is imperative that you keep the public’s interest in mind and avoid any situations where your self-interests are put first. The Oregon Government Ethics Commission (OGEC) regulates the activities of public officials in three primary areas: financial disclosure, prohibition against the use of office for financial gain, and conflicts of interest. OGEC provides a guide for public officials on their website, or you can contact OGEC directly with questions. The Oregon government ethics laws are found in ORS chapter 244.
Ethics basics
Public Officials
Compliance with ethics rules is the personal responsibility of each public official. The cornerstone of ethics laws is to prohibit public officials from using or attempting to use their official positions or offices to obtain a financial benefit for themselves, relatives, or businesses they are associated with through opportunities that would not otherwise be available but for the position or office held. Public officials include those who are:
- Elected or appointed to an office or position with a state, county or city government.
- Elected or appointed to an office or position with a special district.
- An employee of a state, county, city, agency, or special district.
- An unpaid volunteer for a state, county, city, agency, or special district.
- Anyone serving the State of Oregon or any of its political subdivisions, such as the State Accident Insurance Fund or the Oregon Health & Science University.
Provisions in ethics laws restrict or prohibit a public official from using or attempting to use official actions of the position held to benefit a relative. Additionally, ethics laws may limit the value of financial benefits accepted by a relative of the public official or may require the public official to disclose the nature of a conflict of interest.
In general, public officials may obtain employment with a private employer or engage in private income producing activity of their own. They must not use the position held as a public official to create the opportunity for additional personal income.
Conflicts of Interest
A public official is met with a conflict of interest when participating in official action which could or would result in a financial benefit or detriment to the public official, a relative of the public official, or a business with which either is associated. Conflicts of interest should be publicly disclosed and recorded. Abstain from votes or decisions where conflicts exist. How the conflict is to be disposed of should also be recorded.
Gifts
Gifts are any item given to a public official or their relative with an economic value without cost or at a discount. During each calendar year, no public official can accept gifts from a single source that, in aggregate, exceed $50. Further details are found in statutes.
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Questions?
Call our office at 503-986-2255 or email
municipalfilings.sos@sos.oregon.gov.