Planning Commission Briefing Overview of: Government Ethics Government Ethics Public Records Public Records Public Meetings Public Meetings September 12, 2011

Oregon Government Ethics Law ORS Chapter 244 Statement of Economic Interest Prohibited use of office Gifts Conflicts of interest Violations/Sanctions

Statement of Economic Interest ORS

Statement of Economic Interest County provides your name and contact information to the state; County provides your name and contact information to the state; Prior to the reporting deadline, the state provides you with a form; Prior to the reporting deadline, the state provides you with a form; You must complete and submit the form provided by the state on or before the next April 15 following your appointment and on or before each April 15 thereafter You must complete and submit the form provided by the state on or before the next April 15 following your appointment and on or before each April 15 thereafter

Statement of Economic Interest With respect to you and each member of your household, the statement includes details of: business associations;business associations; sources of income and debt;sources of income and debt; property interests, other than principal residence;property interests, other than principal residence; expenses paid in excess of $50; andexpenses paid in excess of $50; and Honoraria received in excess of $15Honoraria received in excess of $15

Oregon Government Ethics Law ORS Chapter 244 Statement of Economic Interest Prohibited use of office Gifts Conflicts of interest Violations/Sanctions

Prohibited Use of Office ORS

Prohibited Use of Office 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. [ORS (1)]

Would I have this opportunity if I was NOT a public official?

Prohibited Use of Office copy machines fax machines vehicles power washers storage facilities credit cards chain saws leaf blowers facilities computers

Allowed Financial Gain Official Compensation Package Official Compensation Package Honoraria less than $50 Honoraria less than $50 Reimbursement of Expenses Reimbursement of Expenses Awards for Professional Achievement Awards for Professional Achievement Contributions to a Legal Defense Fund Contributions to a Legal Defense Fund Gifts … Gifts …

Oregon Government Ethics Law ORS Chapter 244 Statement of Economic Interest Prohibited use of office Gifts Conflicts of interest Violations/Sanctions

Gifts ORS

Gifts Something of economic value given to a public official, a candidate or a relative or member of the household of public officials or candidates 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 candidates or the relatives or members of the household of public officials or candidates on the same terms or conditions; or for valuable consideration less than that required from others who are not public officials or candidates. [ORS (6)(a)]

Legislative or Administrative Interest An economic interest, distinct from that of the general public in any matter subject to the decision or vote of the public official acting in the public official’s capacity as a public official or a candidate who, if elected, would be acting in the capacity of a public official. [ORS (9) & OAR ]

legislative or administrative interest Legislative or Administrative Interest NO legislative or administrative interest $50 per source per calendar year [ORS ] NO limits [ORS (2)(f)]

Gift Exceptions [ORS (6)(b)] Campaign contributions Campaign contributions [ORS (6)(b)(A)] Gifts from relatives Gifts from relatives [ORS (6)(b)(B)] Tokens of appreciation Tokens of appreciation [ORS (6)(b)(C)] Publications, subscriptions or other informational materials Publications, subscriptions or other informational materials [ORS (6)(b)(D)] Contributions to a legal expense defense fund Contributions to a legal expense defense fund [ORS (6)(b)(G)]

Gift Exceptions [ORS (6)(b)] Waivers or discounts related to continuing education Waivers or discounts related to continuing education [ORS (6)(b)(J)] Travel expenses paid by another public official Travel expenses paid by another public official [ORS (6)(b)(K)] Usual or customary Usual or customary [ORS (6)(b)(O)] Reasonable educational trip expenses paid to a public school employee Reasonable educational trip expenses paid to a public school employee [ORS (6)(b)(P)]

Food & Beverage Admission, food or beverage may be provided to a public official, member of the household or staff when at a reception, meal or meeting when the public official represents their government. Gift Exceptions [ORS (6)(b)(E)]

Food, Lodging & Travel Reasonable food, lodging and travel expenses can be accepted by a public official when scheduled to speak, make a presentation, participate on a panel or represent government while: Reasonable food, lodging and travel expenses can be accepted by a public official when scheduled to speak, make a presentation, participate on a panel or represent government while: participating in a convention, fact-finding mission/trip, or a meeting where scheduled to participate and represent government. participating in a convention, fact-finding mission/trip, or a meeting where scheduled to participate and represent government. paid by a government entity, Native American tribe, membership organization or not-for-profit organization paid by a government entity, Native American tribe, membership organization or not-for-profit organization Reasonable food, lodging and travel expenses can be paid for a public official, relative, member of the household or staff when: Reasonable food, lodging and travel expenses can be paid for a public official, relative, member of the household or staff when: Officially sanctioned and pre-approved. Officially sanctioned and pre-approved. Trade-promotion, fact-finding mission, negotiations, and economic development activities. Trade-promotion, fact-finding mission, negotiations, and economic development activities. Gift Exceptions [ORS (6)(b)(F) & (H)]

Entertainment Incidental to the main purpose of the event Incidental to the main purpose of the event Ceremonial when representing a government agency for a ceremonial purpose. Ceremonial when representing a government agency for a ceremonial purpose. Gift Exceptions [ORS (6)(b)(M) & (N)]

Oregon Government Ethics Law ORS Chapter 244 Statement of Economic Interest Prohibited use of office Gifts Conflicts of interest Violations/Sanctions

Conflicts of Interest ORS (1), (12) &

Actual Conflict of Interest 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. [ORS (1)]

Potential Conflict of Interest Any action or any decision or recommendation by a person acting in the 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 [ORS (12)]

POTENTIAL vs. ACTUAL COULD vs. WOULD

Declaring Conflicts of Interest

Potential Conflict of Interest Publically declare, for the record, the nature of the conflict prior to participating in any action. Actual Conflict of Interest Publically declare, for the record, the nature of the conflict; and Refrain from participation in any discussion, debate or vote on the issue.   Except that, if a commissioner’s vote is necessary to meet the minimum number of votes required for official action, the commissioner may vote after making the required announcement and refraining from discussion.   This does not apply to insufficient votes due to absences. - ORS (2)

Announcement Exemptions If the conflict of interest arises from a membership or interest held in a particular business, industry, occupation or other class and that membership is a prerequisite for holding the public official position. [ORS (12)(a)] If the financial impact of the official action would impact the public official, relative or business of the public official to the same degree as other members of an identifiable group or “class”. [ORS (12)(b) & ORS (3)(a)] If the conflict of interest arises from an unpaid position as officer or membership in a nonprofit corporation that is tax-exempt under 501(c) of the Internal Revenue Code. [ORS (12)(c)]

But Wait, There’s More! ORS Planning Commission Members. shall not Planning commission member shall not participate in any commission proceeding or action in which any of the following has a direct or substantial financial interest: The member or the spouse, brother, sister, child, parent, father- in-law, mother-in-law of the member; The member or the spouse, brother, sister, child, parent, father- in-law, mother-in-law of the member; Any business in which the member is then serving or has served within the previous two years; or Any business in which the member is then serving or has served within the previous two years; or Any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment. Any business with which the member is negotiating for or has an arrangement or understanding concerning prospective partnership or employment.

Oregon Government Ethics Law ORS Chapter 244 Statement of Economic Interest Prohibited use of office Gifts Conflicts of interest Violations/Sanctions

Sanctions Civil Penalty = Up to $5,000 per violation [ORS ] Forfeiture = twice the amount of any financial benefit realized [ORS ] Letters of reprimand, explanation or education [ORS (5)]

Complaint Process Written, signed complaint/Own motion Preliminary Review Investigation Settlement/Contested Case Hearing

Planning Commission Briefing Overview of: Government Ethics Government Ethics Public Records Public Records Public Meetings Public Meetings September 12, 2011

PUBLIC RECORDS LAW Public Records Laws ORS 192 & 357 Secretary of State Public Records Administrator State Archivist Authorizes Destruction Advises and Assists

Foundational Premise “Every person has a right to inspect any public record of a public body in this state * * *.” - ORS (1)

What is a public record? Any writing containing information relating to the conduct of the public’s business that is prepared, owned, used or retained by a public body. Writing? Every means of recording regardless of physical form or characteristics, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings. - ORS (4) &(6)

Examples Personal Computer Smart Phone Drafts (?) Notes Calendar Entries

Exceptions The following are not public records and may be destroyed: Voic or other telephone message retrieval systems Duplicates / Stock Letters of transmittal and acknowledgment Communications pertaining to reservations of accommodations Communications or scheduling of personal visits or appearances

Retention The legal authorization to destroy public records is granted through approval of a records retention schedule by the State Archivist. The retention schedule for Planning Commission records is set out in the Land Use and Transportation Planning Retention Schedule (PLAN1) enclosed with the materials for this agenda item.

Retention cont. – Exec. Rule 301 The following rules apply to all County public records: All employees must comply with public records laws Only records included on a retention schedule may be destroyed Generally, county policy is to destroy records upon expiration of the scheduled retention period

Your Obligations  By law and county rule, you are responsible for retaining public records within your control pursuant to the retention schedule and in a retrievable manner.  It is a CRIME to knowingly destroy, conceal, remove or falsely alter a public record. ORS (1).  County rules prohibit conduct that reflects discredit on the county – SEE NEXT “Creating Public Records”

The Mindful Creation of Public Records  Rule of Thumb: Before creating a public record (e.g., before sending an ), consider whether you would want your statements reprinted in the newspaper or reiterated to a jury during a trial.  Decide: Before creating a public record by committing your statements to writing, consider discussing the matter in person or by telephone.  In all “writings,” be professional, avoid sarcasm, do not disparage others, stick to the facts and avoid conjecture.

Planning Commission Briefing Overview of: Government Ethics Government Ethics Public Records Public Records Public Meetings Public Meetings September 12, 2011

Foundational Premise “The Oregon form of government requires an informed public aware of the deliberations and decisions of governing bodies and the information upon which such decisions were made. It is the intent of ORS to that decisions of governing bodies be arrived at openly.” - ORS

When does a meeting occur? A: When the commission convenes to make a decision or to deliberate toward a decision (e.g., mere information gathering) on any matter for which a quorum is required. - ORS (5)

Hmmm... Social Gathering? Okay to discuss “what’s going on around the county;” but A “meeting” will occur if quorum begins discussing official business Retreat? “Meeting” almost assuredly occurring. or Conference Call? CAREFUL! Illegal meeting possible.

Meeting Requirements Notice Location Accessibility Public attendance Voting Recording: audio, video, or written minutes

Planning Commission Briefing Overview of: Government Ethics Government Ethics Public Records Public Records Public Meetings Public Meetings September 12, 2011

THANKS!