71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 3908
 
LC 3555/HB 3908-8
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3908
 
                    By COMMITTEE ON JUDICIARY
 
                             May 30
 
  On page 1 of the printed bill, line 5, delete 'and 3' and
insert 'to 4'.
  In line 12, delete ', expedited land di-'.
  In line 13, delete 'vision'.
  In line 15, after the semicolon insert 'or'.
  In line 17, after the second 'parties' insert a period and
delete the rest of the line and lines 18 through 22.
  In line 24, after the first 'or' insert 'the' and delete ' city
or county' and insert 'local government, as defined in ORS
197.015'.
  In line 26, delete 'will create' and insert 'would lead a
reasonable person to believe there is'.
  In line 27, after 'If' insert 'a reasonable person would
believe' and after the second 'or' insert 'the appearance of bias
or other'.
  In line 28, after 'any' insert 'proceeding for a'.
  After line 29, insert:
  ' (b) Notwithstanding paragraph (a) of this subsection, unless
participation is prohibited under ORS chapter 244, an elected or
appointed official may participate, including by voting, in a
decision of the commission or governing body taking final action
on an application if all parties to the proceeding expressly
waive any objection to participation by the official that is
based on a disclosed actual or apparent conflict of interest or
the appearance of bias or other impropriety.'.
  In line 30, delete '(b)' and insert '(c)'.
  On page 2, line 4, before 'An' insert 'Unless participation is
prohibited under ORS chapter 244,'.
  In line 5, after 'spite' insert 'a determination under
subsection (2)(a) of this section that' and after 'impropriety '
insert 'is created'.
  In line 8, after the period insert 'However, the official may
not vote on a final decision described in this subsection.'.
  Delete lines 16 through 19 and insert:
  ' (a) 'Party' means an individual who testifies orally or in
writing, directly or through a representative, on the merits of a
land use decision, limited land use decision or application for a
permit;'.
  After line 22, insert:
  '  { +  SECTION 4. + }  { + (1) Before deliberating or taking
action on a matter pursuant to the duties imposed under ORS
197.040, a member of the Land Conservation and Development
Commission shall disclose any of the following, as applicable:
  ' (a) A past or present business relationship between the
member and one or more persons with an interest in the matter or
a representative of a person with an interest in the matter; or
  ' (b) A family relationship between the member and one or more
persons with an interest in the matter or a representative of a
person with an interest in the matter.
 
  ' (2) If a commission member makes disclosure under subsection
(1) of this section, the member shall determine if the
circumstances disclosed will create an actual or apparent
conflict of interest or the appearance of bias or other
impropriety in the mind of a reasonable person. If an actual or
apparent conflict of interest, or the appearance of bias or other
impropriety is created, the member may not participate in any
deliberation or action of the commission on the matter.
  ' (3) Unless participation is prohibited under ORS chapter 244,
a commission member may participate in deliberation or action of
the commission on the matter despite an actual or apparent
conflict of interest or the appearance of bias or other
impropriety if the participation of the member is required to
maintain a quorum necessary to render a final decision, provided
the member abstains from voting and full disclosure is made on
the record and incorporated into the written findings of the
decision.
  ' (4) A failure to disclose as required under subsection (1) of
this section or to record disclosure under subsection (3) of this
section shall be grounds for remand on appeal to the appellate
courts.
  ' (5) Personal or political philosophy does not constitute a
conflict of interest or the appearance of bias or other
impropriety if the commission member can render an objective
decision based on the law and facts of the application. + } ' .
  In line 23, delete '4' and insert '5'.
  On page 4, delete lines 15 and 16 and insert:
  ' (17)(a) The board shall construe sections 2 and 3 of this
2001 Act in a manner to ensure the public has confidence in the
impartiality of local government officials.
  ' (b) The board shall remand a land use decision or limited
land use decision made in violation of section 3 of this 2001
Act.
  ' (18) Notwithstanding subsection (17)(b) of this section, if
an elected or appointed local government official takes final
action on an application for a land use decision, limited land
use decision or permit in violation of section 3 of this 2001
Act, the board may review the transcript or record of the
proceeding for the application, or may hold an evidentiary
hearing, to determine whether participation by the official
affected the outcome of the final action. The board may uphold a
final action made in violation of section 3 of this 2001 Act if
the board conclusively finds that participation by the official
did not affect the outcome of the final action.'.
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