72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 344
House Bill 3327
Sponsored by COMMITTEE ON JUDICIARY
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Transfers lobbyist registration, reporting and enforcement
functions from Oregon Government Standards and Practices
Commission to Secretary of State.
Allows Oregon Government Standards and Practices Commission to
impose civil penalties for violations of public meetings law.
Deletes provisions allowing persons subject to enforcement
action under government ethics or lobbying laws to require Oregon
Government Standards and Practices Commission or Secretary of
State to file lawsuit in circuit court in lieu of contested case
proceeding.
Becomes operative January 1, 2004.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to functions of the Oregon Government Standards and
Practices Commission; creating new provisions; amending ORS
171.740, 171.745, 171.750, 171.766, 171.772, 171.776, 171.778,
171.790, 171.992, 192.630, 192.680, 192.685, 244.260, 244.290,
244.340, 244.350 and 244.400; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The duties, functions and powers of the Oregon
Government Standards and Practices Commission under ORS 171.725
to 171.785 are imposed upon, transferred to and vested in the
Secretary of State. + }
SECTION 2. ORS 171.740 is amended to read:
171.740. (1) Within three working days after exceeding the
limit of time or expenditure specified in ORS 171.735 (4), a
lobbyist shall register with the { - Oregon Government
Standards and Practices Commission - } { + Secretary of
State + } by filing with the
{ - commission - } { + secretary + } a statement containing
the following information:
(a) The name, address and telephone number of the lobbyist.
(b) The name, address and telephone number of each person that
employs the lobbyist or in whose interest the lobbyist appears or
works.
(c) A general description of the trade, business, profession or
area of endeavor of any person designated under paragraph (b) of
this subsection, and a statement by the person that the lobbyist
is officially authorized to lobby for the person.
(d) The name of any member of the Legislative Assembly
employed, retained or otherwise compensated by:
(A) The lobbyist designated under paragraph (a) of this
subsection; or
(B) A person designated under paragraph (b) of this subsection.
(e) The general subject or subjects of the legislative action
of interest to the person for whom the lobbyist is registered.
(2) The designation of official authorization to lobby shall be
signed by an official of each person that employs the lobbyist or
in whose interest the lobbyist appears or works.
(3) If a lobbyist appears for a person for whom the lobbyist
has not registered, the lobbyist shall register with the
{ - commission - } { + Secretary of State + } within three
working days of the lobbyist's appearance.
(4) If any of the information submitted by a lobbyist in the
statement required under subsection (1) of this section changes,
the lobbyist shall revise the statement within 30 days of the
change.
(5) A lobbyist registration expires December 31 of an
odd-numbered year. If a lobbyist renews the registration before
March 31 of the following even-numbered year, the
{ - commission - } { + Secretary of State + } shall consider
the registration to have been effective as of December 31 of the
odd-numbered year on which the registration expired.
(6) For the statement required by this section, an entity
comprised of more than one lobbyist may file one statement for
the lobbyists that comprise the entity. The statement the entity
files must include the names of the individuals authorized to
lobby on behalf of the client listed in the statement.
SECTION 3. ORS 171.745 is amended to read:
171.745. (1) A lobbyist registered with the { - Oregon
Government Standards and Practices Commission - } { + Secretary
of State + } or required to register with the
{ - commission - } { + secretary + } shall, on January 31 and
July 31, of each even-numbered year, and on January 31, April 30
and July 31 of each odd-numbered year, file with the
{ - commission - } { + secretary + } a statement showing:
(a) The total amount of all moneys expended by the lobbyist for
the purpose of lobbying in the preceding reporting period for:
(A) Food, refreshments and entertainment;
(B) Printing, postage and telephone;
(C) Advertising, public relations, education and research; and
(D) Miscellaneous; and
(b) The name of any legislative or executive official to whom
or for whose benefit, on any one occasion, an expenditure in
excess of $25 is made for the purposes of lobbying, and the date,
name of payee, purpose and amount of that expenditure.
(2) Beginning on July 1, 1979, the dollar amount specified in
subsection (1)(b) of this section shall be adjusted annually by
the { - commission - } { + Secretary of State + } based upon
the change in the Portland Consumer Price Index for All Urban
Consumers for All Items as prepared by the Bureau of Labor
Statistics of the United States Department of Labor or its
successor during the preceding 12-month period. The amount
determined under this subsection shall be rounded to the nearest
dollar.
(3) Statements required by this section need not include
amounts expended by the lobbyist for personal living and travel
expenses and office overhead, including salaries and wages paid
for staff and secretarial assistance, and maintenance expenses.
If the amount of any expenditure required to be included in a
statement is not accurately known at the time the statement is
required to be filed, an estimate of the expenditure shall be
submitted in the statement and designated as an estimate. The
exact amount expended for which a previous estimate was made
shall be submitted in a subsequent report when the information is
available.
(4) Notwithstanding ORS 171.735, 171.740 and subsections (1) to
(3) of this section, a registered lobbyist, who engages in
lobbying activities without compensation on behalf of an
organization is not required to register as a lobbyist for the
organization as long as the lobbying activity does not exceed the
financial or time limits set in ORS 171.735 (4).
(5) A statement required by this section shall include a copy
of any notice provided to a public official under ORS 244.100
(3).
(6) For each statement required by this section, an entity
comprised of more than one lobbyist may file one statement that
reports expenditures by the entity and not by individual
lobbyists.
SECTION 4. ORS 171.750 is amended to read:
171.750. (1) Any person on whose behalf a lobbyist was
registered, or was required to register with the { - Oregon
Government Standards and Practices Commission - } { + Secretary
of State + } at any time during the preceding calendar year,
shall file with the { - commission - } { + secretary + }, by
January 31st of each year, a statement showing, for the preceding
calendar year:
(a) The total amount of all moneys expended for lobbying
activities on the person's behalf, excluding living and travel
expenses incurred for a lobbyist performing lobbying services.
(b) The name of any legislative or executive official to whom
or for whose benefit, on any one occasion, an expenditure in
excess of $25 for the purpose of lobbying is made by the person,
but not including information previously reported in compliance
with ORS 171.745, and the date, name of payee, purpose and amount
of that expenditure.
(2) Using July 1, 1979, as the base, { + the Secretary of
State shall adjust + }the dollar amount specified in subsection
(1)(b) of this section { - shall be adjusted - } annually
{ - by the commission - } based upon the change in the Portland
Consumer Price Index for All Urban Consumers for All Items as
prepared by the Bureau of Labor Statistics of the United States
Department of Labor, or its successor, during the preceding
12-month period. The { + secretary shall round the + } amount
determined under this subsection { - shall be rounded - } to
the nearest dollar.
(3) A statement required under subsection (1) of this section
shall include a copy of any notice provided to a public official
under ORS 244.100 (3).
SECTION 5. ORS 171.766 is amended to read:
171.766. All information submitted to the { - Oregon
Government Standards and Practices Commission - } { + Secretary
of State + } in any report, registration or statement required by
ORS 171.725 to 171.785 is a public record.
SECTION 6. ORS 171.772 is amended to read:
171.772. In carrying out the provisions of ORS 171.725 to
171.785, the { - Oregon Government Standards and Practices
Commission - } { + Secretary of State + } shall:
(1) Prescribe forms for registrations, statements and reports
required to be filed by ORS 171.725 to 171.785, and provide such
forms to persons required to register and to file such statements
and reports;
(2) Accept and file any information voluntarily supplied that
exceeds the requirements of ORS 171.725 to 171.785; and
(3) Make registrations, statements and reports filed available
for public inspection and copying during regular office hours,
and make copying facilities available at a charge not to exceed
actual cost.
SECTION 7. ORS 171.776 is amended to read:
171.776. (1) In addition to the duties prescribed in ORS
171.772, the { - Oregon Government Standards and Practices
Commission - } { + Secretary of State + } may make inquiries or
investigations in the manner prescribed in ORS 171.778 with
respect to registrations, statements and reports filed under ORS
171.725 to 171.785, and with respect to any alleged failure to
register or to file any statements or reports required under ORS
171.725 to 171.785, and upon signed complaint by any individual
or on its own instigation, with respect to apparent violation of
any part of ORS 171.725 to 171.785.
(2) Upon written request of any lobbyist, lobbyist employer or
any person, or upon { - its - } { + the Secretary of
State's + } own motion, the { - commission, under signature of
the chairperson, - } { + secretary + } may issue and publish
opinions on the requirements of ORS 171.725 to 171.785, based on
actual or hypothetical circumstances.
(3) If any lobbyist or lobbyist employer associated with the
lobbyist is in doubt whether a proposed transaction or action
constitutes a violation of ORS 171.725 to 171.785, the lobbyist
or lobbyist employer may request in writing a determination from
the
{ - commission - } { + Secretary of State + }. The requester
shall supply such information as the { - commission - }
{ + secretary + } requests to enable { - it - } { + the
secretary + } to issue the interpretation.
(4) A lobbyist or lobbyist employer associated with the
lobbyist shall not be liable under ORS 171.725 to 171.785 for any
action or transaction carried out in accordance with an advisory
interpretation issued under subsection (3) of this section. Such
an advisory interpretation shall be considered a formal opinion
having precedential effect and shall be subject to review by
legal counsel to the { - commission - } { + Secretary of
State + } before the interpretation is sent to the requester.
SECTION 8. ORS 171.778 is amended to read:
171.778. (1) Upon { - its - } { + the Secretary of
State's + } own instigation or { + the + } signed complaint of
any person, the { - Oregon Government Standards and Practices
Commission - } { + secretary + }may undertake action in the
Preliminary Review Phase with respect to any alleged violation of
ORS 171.725 to 171.785. The person who is the subject of a
complaint or of the { - commission's - } { + secretary's + }
own action shall be notified immediately upon receipt of the
complaint or upon { - adoption of a motion by the commission to
undertake any action concerning the person - } { + the
secretary's instigation of action on the secretary's own
motion + }. The notice shall be given by telephone if the person
can be reached and a notice shall also be mailed to the person.
The notice shall include the nature of the complaint or motion
and a copy of all materials submitted along with the complaint or
materials { - which - } { + that + } give rise to the
{ - commission's - } { + secretary's + } instigation of action
on { - its - } { + the secretary's + } own motion.
{ - However, the person must also be notified in advance if an
issue that may give rise to a motion to undertake action on the
commission's own instigation is to be discussed at a commission
meeting. - } Before investigating any complaint or undertaking
an investigation on { - its - } { + the secretary's + } own
instigation, the { - commission - } { + secretary + } shall
make a finding that there is cause to undertake an investigation,
notify the person who is the subject of the investigation,
identify the issues to be examined and shall confine
{ - its - } { + the + } investigation to those issues. If the
{ - commission - } { + secretary + } finds reason to expand
{ - its - } { + the + } investigation, { - it - } { + the
secretary + } shall move to do so and shall { - record in its
minutes - } { + document + } the issues to be examined before
expanding the scope of { - its - } { + the + } investigation
and formally notify the complainant and the person who is the
subject of the complaint of the expansion and the scope thereof.
If the { - commission - } { + secretary + } does not make a
finding of cause, { - it - } { + the secretary + } shall
dismiss the complaint or rescind
{ - its - } { + the secretary's + } motion { - and shall
formally enter the dismissal or rescission on its records - } .
The { - commission - } { + secretary + } shall notify the
person of the dismissal or rescission. After dismissal or
rescission, the { - commission - } { + secretary + } shall
take no further action involving the person unless a new and
different complaint is filed or action at { - its - } { + the
secretary's + } own instigation is undertaken based on different
conduct.
(2) The { - commission - } { + secretary + }may:
(a) During the Preliminary Review Phase, seek, solicit or
otherwise obtain any books, papers, records, memoranda or other
additional information, administer oaths, and take depositions
necessary to determine whether there is cause; and
(b) During the Investigatory Phase, require any additional
information, administer oaths, take depositions and issue
subpoenas to compel attendance of witnesses and the production of
books, papers, records, memoranda or other information necessary
to complete the investigation. If any person fails to comply with
any subpoena issued under this section or refuses to testify on
any matters on which the person may be lawfully interrogated, the
procedure provided in ORS 183.440 shall be followed to compel
compliance.
(3) The person conducting any inquiry or investigation shall do
so in an impartial, objective manner. All favorable and
unfavorable information collected by the investigator shall be
turned over to the { - commission - } { + secretary + }.
(4) The findings of the { - commission - }
{ + secretary + } in any inquiry or investigation shall be
reported impartially, including both favorable and unfavorable
findings, and shall be made available to the person who is the
subject thereof and to any employer of the person.
(5) Hearings relating to any charge of alleged violation of ORS
171.725 to 171.785 may be held before the { - commission - }
{ + secretary + } or before a hearing officer assigned from the
Hearing Officer Panel established under section 3, chapter 849,
Oregon Laws 1999. The procedure shall be that for a contested
case under ORS 183.310 to 183.550.
(6)(a) The period of time from the filing of a complaint or
from { - acting on - } the { - commission's own - }
{ + secretary's + } instigation { + of action on the
secretary's own motion + } to the finding of cause or dismissal
of the complaint or rescission of the motion shall be termed the
Preliminary Review Phase and shall not exceed 90 days unless a
delay is stipulated to by both the subject person and the
{ - Oregon Government Standards and Practices Commission - }
{ + secretary + }, with the { - commission - }
{ + secretary + } reserving a portion of the delay period to
complete { - its - } { + the secretary's + } actions.
(b) The Preliminary Review Phase shall be confidential.
{ - Commission members - } { + The secretary + } and { + the
secretary's + } staff may acknowledge receipt of a complaint but
{ - shall make no - } { + may not make + } public comment or
publicly disclose any materials relating to a case during the
Preliminary Review Phase. A person who intentionally violates
this paragraph is subject to a civil penalty in an amount not to
exceed $1,000. Any person aggrieved as a result of a violation of
this paragraph by { - a member of the commission or its - }
{ + the secretary or the secretary's + } staff may file a
petition in a court of competent jurisdiction in the county in
which the petitioner resides in order to enforce the civil
penalty provided in this paragraph.
(c) The { - commission's - } { + secretary's + }
deliberations of a case at the conclusion of the Preliminary
Review Phase shall be conducted in executive session. All case
related materials and proceedings shall be open to the public
after the { - commission - } { + secretary + } makes a
finding of cause, dismisses a complaint or rescinds a motion.
Prior to the end of the Preliminary Review Phase, the
{ - executive director of the commission - } { + secretary + }
shall prepare a statement of the facts determined during the
phase, including appropriate legal citations and relevant
authorities. { - Before presentation to the commission, the
executive director's statement shall be reviewed by legal counsel
to the commission. - }
(d) The time limit imposed in this subsection and the
{ - commission's - } { + secretary's + } inquiry are
suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter { - before the commission - } , unless the
parties stipulate otherwise; or
(B) A court has enjoined the { - commission - }
{ + secretary + } from continuing { - its - } { + the
secretary's + } inquiry.
(7)(a) The period of time from the finding of cause to the
beginning of any contested case proceedings shall be termed the
Investigatory Phase and { - shall - } { + may + } not exceed
120 days unless a delay is stipulated to by both the subject
person and the { - Oregon Government Standards and Practices
Commission - } { + secretary + }, with the
{ - commission - } { + secretary + } reserving a portion of
the delay period to complete { - its - } { + the secretary's
+ }actions.
(b) The time limit imposed in this subsection and the
{ - commission's - } { + secretary's + }investigation are
suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter { - before the commission - } , unless the
parties stipulate otherwise; or
(B) A court has enjoined the { - commission - }
{ + secretary + } from continuing { - its - } { + the
secretary's + } investigation.
(c) At the end of the Investigatory Phase, the
{ - commission - } { + secretary + } shall take action by
order, which action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation to determine further
facts, but no more than one continuation, not to exceed 30 days'
duration, shall be taken;
(C) Moving to a contested case proceeding;
(D) Seeking a negotiated settlement; or
(E) Taking other appropriate action if justified by the
findings.
{ - (8) If, at the end of the Investigatory Phase, the
commission takes action by order to move to a contested case
proceeding, a person may notify the commission that the person
elects to have the commission file a lawsuit against the person
in the Marion County Circuit Court in lieu of the contested case
proceeding. The court may impose the penalty described in ORS
171.992. The person shall notify the commission of the election
in writing no later than 21 days after receiving notification of
the commission's action by order to move to the contested case
proceeding. The commission shall file suit within 30 days after
receiving notice that the person has elected the lawsuit
procedure. - }
{ - (9) - } { + (8) + } The { - commission shall - }
{ + secretary may + } not inquire into or investigate any
complaint or act at { - its - } { + the secretary's + } own
instigation on alleged conduct that occurred more than four years
before the complaint is filed or action is undertaken.
{ - (10) - } { + (9) + } Nothing in this section is
intended to prevent the
{ - commission - } { + secretary + } and the person alleged
to have violated ORS 171.725 to 171.785 from stipulating to a
finding of fact concerning the violation and consenting to an
appropriate penalty. The { - commission - }
{ + secretary + } shall enter an order accordingly.
{ - (11) - } { + (10) + } As used in this section, 'cause'
and ' pending' have the meanings given those terms in ORS
244.260.
SECTION 9. ORS 171.778, as amended by section 49, chapter 849,
Oregon Laws 1999, is amended to read:
171.778. (1) Upon { - its - } { + the Secretary of
State's + } own instigation or { + the + } signed complaint of
any person, the { - Oregon Government Standards and Practices
Commission - } { + secretary + }may undertake action in the
Preliminary Review Phase with respect to any alleged violation of
ORS 171.725 to 171.785. The person who is the subject of a
complaint or of the { - commission's - } { + secretary's + }
own action shall be notified immediately upon receipt of the
complaint or upon { - adoption of a motion by the commission to
undertake any action concerning the person - } { + the
secretary's instigation of action on the secretary's own
motion + }. The notice shall be given by telephone if the person
can be reached and a notice shall also be mailed to the person.
The notice shall include the nature of the complaint or motion
and a copy of all materials submitted along with the complaint or
materials { - which - } { + that + } give rise to the
{ - commission's - } { + secretary's + } instigation of action
on { - its - } { + the secretary's + } own motion.
{ - However, the person must also be notified in advance if an
issue that may give rise to a motion to undertake action on the
commission's own instigation is to be discussed at a commission
meeting. - } Before investigating any complaint or undertaking
an investigation on { - its - } { + the secretary's + } own
instigation, the { - commission - } { + secretary + } shall
make a finding that there is cause to undertake an investigation,
notify the person who is the subject of the investigation,
identify the issues to be examined and shall confine
{ - its - } { + the + } investigation to those issues. If the
{ - commission - } { + secretary + } finds reason to expand
{ - its - } { + the + } investigation, { - it - } { + the
secretary + } shall move to do so and shall { - record in its
minutes - } { + document + } the issues to be examined before
expanding the scope of { - its - } { + the + } investigation
and formally notify the complainant and the person who is the
subject of the complaint of the expansion and the scope thereof.
If the { - commission - } { + secretary + } does not make a
finding of cause, { - it - } { + the secretary + } shall
dismiss the complaint or rescind
{ - its - } { + the secretary's + } motion { - and shall
formally enter the dismissal or rescission on its records - } .
The { - commission - } { + secretary + } shall notify the
person of the dismissal or rescission. After dismissal or
rescission, the { - commission - } { + secretary + } shall
take no further action involving the person unless a new and
different complaint is filed or action at { - its - } { + the
secretary's + } own instigation is undertaken based on different
conduct.
(2) The { - commission - } { + secretary + }may:
(a) During the Preliminary Review Phase, seek, solicit or
otherwise obtain any books, papers, records, memoranda or other
additional information, administer oaths, and take depositions
necessary to determine whether there is cause; and
(b) During the Investigatory Phase, require any additional
information, administer oaths, take depositions and issue
subpoenas to compel attendance of witnesses and the production of
books, papers, records, memoranda or other information necessary
to complete the investigation. If any person fails to comply with
any subpoena issued under this section or refuses to testify on
any matters on which the person may be lawfully interrogated, the
procedure provided in ORS 183.440 shall be followed to compel
compliance.
(3) The person conducting any inquiry or investigation shall do
so in an impartial, objective manner. All favorable and
unfavorable information collected by the investigator shall be
turned over to the { - commission - } { + secretary + }.
(4) The findings of the { - commission - }
{ + secretary + } in any inquiry or investigation shall be
reported impartially, including both favorable and unfavorable
findings, and shall be made available to the person who is the
subject thereof and to any employer of the person.
(5) Hearings relating to any charge of alleged violation of ORS
171.725 to 171.785 may be held before the { - commission - }
{ + secretary + } or before a hearing officer appointed by the
{ - commission - } { + secretary + }. The procedure shall be
that for a contested case under ORS 183.310 to 183.550.
(6)(a) The period of time from the filing of a complaint or
from { - acting on - } the { - commission's own - }
{ + secretary's + } instigation { + of action on the
secretary's own motion + } to the finding of cause or dismissal
of the complaint or rescission of the motion shall be termed the
Preliminary Review Phase and shall not exceed 90 days unless a
delay is stipulated to by both the subject person and the
{ - Oregon Government Standards and Practices Commission - }
{ + secretary + }, with the { - commission - }
{ + secretary + } reserving a portion of the delay period to
complete { - its - } { + the secretary's + } actions.
(b) The Preliminary Review Phase shall be confidential.
{ - Commission members - } { + The secretary + } and { + the
secretary's + } staff may acknowledge receipt of a complaint but
{ - shall make no - } { + may not make + } public comment or
publicly disclose any materials relating to a case during the
Preliminary Review Phase. A person who intentionally violates
this paragraph is subject to a civil penalty in an amount not to
exceed $1,000. Any person aggrieved as a result of a violation of
this paragraph by { - a member of the commission or its - }
{ + the secretary or the secretary's + } staff may file a
petition in a court of competent jurisdiction in the county in
which the petitioner resides in order to enforce the civil
penalty provided in this paragraph.
(c) The { - commission's - } { + secretary's + }
deliberations of a case at the conclusion of the Preliminary
Review Phase shall be conducted in executive session. All case
related materials and proceedings shall be open to the public
after the { - commission - } { + secretary + } makes a
finding of cause, dismisses a complaint or rescinds a motion.
Prior to the end of the Preliminary Review Phase, the
{ - executive director of the commission - } { + secretary + }
shall prepare a statement of the facts determined during the
phase, including appropriate legal citations and relevant
authorities. { - Before presentation to the commission, the
executive director's statement shall be reviewed by legal counsel
to the commission. - }
(d) The time limit imposed in this subsection and the
{ - commission's - } { + secretary's + } inquiry are
suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter { - before the commission - } , unless the
parties stipulate otherwise; or
(B) A court has enjoined the { - commission - }
{ + secretary + } from continuing { - its - } { + the
secretary's + } inquiry.
(7)(a) The period of time from the finding of cause to the
beginning of any contested case proceedings shall be termed the
Investigatory Phase and { - shall - } { + may + } not exceed
120 days unless a delay is stipulated to by both the subject
person and the { - Oregon Government Standards and Practices
Commission - } { + secretary + }, with the
{ - commission - } { + secretary + } reserving a portion of
the delay period to complete { - its - } { + the secretary's
+ }actions.
(b) The time limit imposed in this subsection and the
{ - commission's - } { + secretary's + }investigation are
suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter { - before the commission - } , unless the
parties stipulate otherwise; or
(B) A court has enjoined the { - commission - }
{ + secretary + } from continuing { - its - } { + the
secretary's + } investigation.
(c) At the end of the Investigatory Phase, the
{ - commission - } { + secretary + } shall take action by
order, which action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation to determine further
facts, but no more than one continuation, not to exceed 30 days'
duration, shall be taken;
(C) Moving to a contested case proceeding;
(D) Seeking a negotiated settlement; or
(E) Taking other appropriate action if justified by the
findings.
{ - (8) If, at the end of the Investigatory Phase, the
commission takes action by order to move to a contested case
proceeding, a person may notify the commission that the person
elects to have the commission file a lawsuit against the person
in the Marion County Circuit Court in lieu of the contested case
proceeding. The court may impose the penalty described in ORS
171.992. The person shall notify the commission of the election
in writing no later than 21 days after receiving notification of
the commission's action by order to move to the contested case
proceeding. The commission shall file suit within 30 days after
receiving notice that the person has elected the lawsuit
procedure. - }
{ - (9) - } { + (8) + } The { - commission shall - }
{ + secretary may + } not inquire into or investigate any
complaint or act at { - its - } { + the secretary's + } own
instigation on alleged conduct that occurred more than four years
before the complaint is filed or action is undertaken.
{ - (10) - } { + (9) + } Nothing in this section is
intended to prevent the
{ - commission - } { + secretary + } and the person alleged
to have violated ORS 171.725 to 171.785 from stipulating to a
finding of fact concerning the violation and consenting to an
appropriate penalty. The { - commission - }
{ + secretary + } shall enter an order accordingly.
{ - (11) - } { + (10) + } As used in this section, 'cause'
and ' pending' have the meanings given those terms in ORS
244.260.
SECTION 10. ORS 171.790 is amended to read:
171.790. Notwithstanding any provision of a city or county
charter or any ordinance or order adopted thereunder, a city or
county { - shall - } { + may + } not:
(1) Prohibit an elected official, other officer or employee of
the city or county from initiating contacts with legislators or
giving testimony before public sessions of committees of the
Legislative Assembly or public hearings of state agencies when:
(a) The contacts are made or testimony given as a
representative of the city or county;
(b) The contacts are made or testimony given to represent the
interests of the city or county or the residents thereof;
(c) No substantial part of the duties performed by the
official, officer or employee consists of influencing or
attempting to influence matters which may be the subject of
action by either house of the Legislative Assembly or any of its
committees;
(d) The official, officer or employee receives no consideration
for making the contacts or giving testimony other than the
remuneration ordinarily paid to the official, officer or employee
out of the funds of the city or county in return for duties
performed for the city or county, together with reimbursement for
expenses actually and necessarily incurred in appearing before
the legislative committees or state agencies; and
(e) The official, officer or employee is not required to
register with the { - Oregon Government Standards and Practices
Commission - } { + Secretary of State + } under ORS 171.725 to
171.785 and
{ - the - } { + any + } rules of the { - commission - }
{ + secretary + } adopted thereunder.
(2) Prohibit an elected official, other officer or employee of
the city or county from initiating contacts with legislators when
the contacts are made to express personal political views and do
not occur during working hours while the official, officer or
employee is on the job.
(3) Prohibit an elected official, other officer or employee of
the city or county from responding to requests from legislators
or committees of the Legislative Assembly for information, data
or opinions.
SECTION 11. ORS 171.992 is amended to read:
171.992. (1) Any person who violates any provision of ORS
171.740 to 171.762, or any rule adopted pursuant thereto, shall
forfeit and pay to the General Fund a civil penalty for each
violation of not more than $1,000, to be determined by the
{ - Oregon Government Standards and Practices Commission - }
{ + Secretary of State + }.
(2) The civil penalty referred to in subsection (1) of this
section may be recovered in an action brought thereon in the name
of the State of Oregon in any court of appropriate jurisdiction
or may be imposed as provided in ORS 183.090. In any proceedings
before the court, including judicial review under ORS 183.090,
the court may review the penalty as to both liability and
reasonableness of amount.
SECTION 12. { + Section 13 of this 2003 Act is added to and
made a part of ORS 171.725 to 171.785. + }
SECTION 13. { + The Secretary of State may adopt rules the
secretary considers necessary to carry out the provisions of ORS
171.725 to 171.785. + }
SECTION 14. ORS 244.290 is amended to read:
244.290. The Oregon Government Standards and Practices
Commission shall:
(1) Prescribe forms for statements required by this chapter and
provide the forms to persons required to file the statements
under this chapter or resolution adopted pursuant thereto.
(2) Prepare, publish and provide a manual setting forth
recommended uniform methods of reporting for use by persons
filing statements under this chapter or resolution adopted
pursuant thereto.
(3) Develop a filing, coding and cross-indexing system
consistent with the purposes of this chapter.
(4) Prepare and publish such reports as the commission finds
necessary.
(5) Adopt rules necessary to carry out its duties under
{ - ORS 171.725 to 171.785 and 171.992 and - } this chapter,
including rules to:
(a) Create a procedure under which items before the commission
may be treated under a consent calendar and voted on as a single
item;
(b) Exempt a public official who is otherwise required to file
a statement pursuant to ORS 244.050 from filing the statement if
the regularity, number and frequency of the meetings and actions
of the body over which the public official has jurisdiction are
so few or infrequent as not to warrant the public disclosure;
(c) Establish an administrative process whereby a person
subpoenaed by the commission may obtain a protective order; and
(d) List criteria and establish a process for the commission to
use prosecutorial discretion to decide whether to proceed with an
inquiry or investigation.
SECTION 15. ORS 244.260 is amended to read:
244.260. (1)(a) Upon its own instigation or signed complaint of
any person, the Oregon Government Standards and Practices
Commission may undertake action in the Preliminary Review Phase
with respect to the contents of any statements filed under this
chapter or resolution adopted pursuant thereto or any alleged
violation of any provision of this chapter.
(b) The public official who is the subject of a complaint or of
the commission's own action shall be notified immediately upon
receipt of the complaint or upon adoption of a motion by the
commission to undertake any action concerning the public
official. The notice shall be given by telephone if the official
can be reached and shall also be in writing mailed to the
official. The notice shall include the nature of the complaint or
motion and a copy of all materials submitted along with the
complaint or materials which give rise to the commission's
instigation of action on its own motion. However, the official
must also be notified in advance if an issue that may give rise
to a motion to undertake action on the commission's own
instigation is to be discussed at a commission meeting.
(c) Before investigating any complaint or undertaking any
investigation at the commission's own instigation, if the public
official who is the subject of the complaint or of the
commission's own action is a member of the Legislative Assembly,
the commission shall determine whether the alleged violation of
any provision of this chapter involves conduct protected by
section 9, Article IV of the Oregon Constitution. If the
commission determines that the conduct is protected by section 9,
Article IV of the Oregon Constitution, the commission shall
dismiss the complaint or rescind its motion as provided in
paragraph (e) of this subsection.
(d) If the complaint has not been dismissed or the motion of
the commission has not been rescinded as described in paragraph
(c) of this subsection, before investigating any complaint or
undertaking an investigation on the commission's own instigation,
the commission shall make a finding that there is cause to
undertake an investigation, notify the public official who is the
subject of the investigation, identify the issues to be examined
and shall confine its investigation to those issues. If the
commission finds reason to expand its investigation, it shall
move to do so and shall record in its minutes the issues to be
examined before expanding the scope of its investigation and
formally notify the complainant and the public official who is
the subject of the complaint of the expansion and the scope
thereof.
(e) If the commission does not make a finding of cause, or if
the commission determines that the alleged violation of this
chapter involves conduct protected by section 9, Article IV of
the Oregon Constitution, the commission shall dismiss the
complaint or rescind its motion and shall formally enter the
dismissal or rescission on its records. The commission shall
notify the public official of the dismissal or rescission. After
dismissal or rescission, the commission shall take no further
action involving the public official unless a new and different
complaint is filed or action at its own instigation is undertaken
based on different conduct.
(2) The commission may:
(a) During the Preliminary Review Phase, seek, solicit or
otherwise obtain any books, papers, records, memoranda or other
additional information, administer oaths and take depositions
necessary to determine whether there is cause or if the alleged
violation is protected by section 9, Article IV of the Oregon
Constitution; and
(b) During the Investigatory Phase, require any additional
information, administer oaths, take depositions and issue
subpoenas to compel attendance of witnesses and the production of
books, papers, records, memoranda or other information necessary
to complete the investigation. If any person fails to comply with
any subpoena issued under this section or refuses to testify on
any matters on which the person may be lawfully interrogated, the
procedure provided in ORS 183.440 shall be followed to compel
compliance.
(3) The person conducting any inquiry or investigation shall do
so in an impartial, objective manner. All favorable and
unfavorable information collected by the investigator shall be
turned over to the commission.
(4) The findings of the commission in any inquiry or
investigation shall be reported impartially, including both
favorable and unfavorable findings, and shall be made available
to the public official who is the subject thereof, to the
appointing authority, if any, and to the Attorney General for
state public officials and to the appropriate district attorney
for local public officials. The findings shall be made available
to the Commission on Judicial Fitness and Disability in any
investigation involving a judge.
(5) Hearings relating to any charge of alleged violation of
this chapter may be held before the commission or before a
hearing officer assigned from the Hearing Officer Panel
established under section 3, chapter 849, Oregon Laws 1999. The
procedure shall be that for a contested case under ORS 183.310 to
183.550.
(6)(a) The period of time from the filing of a complaint or
from acting on the commission's own instigation to the finding of
cause or dismissal of the complaint or rescission of the motion
shall be termed the Preliminary Review Phase and shall not exceed
90 days unless a delay is stipulated to by both the public
official and the Oregon Government Standards and Practices
Commission with the commission reserving a portion of the delay
period to complete its actions.
(b) The Preliminary Review Phase shall be confidential.
Commission members and staff may acknowledge receipt of a
complaint but shall make no public comment or publicly disclose
any materials relating to a case during the Preliminary Review
Phase. A person who intentionally violates this paragraph is
subject to a civil penalty in an amount not to exceed $1,000. Any
person aggrieved as a result of a violation of this paragraph by
a member of the commission or its staff may file a petition in a
court of competent jurisdiction in the county in which the
petitioner resides in order to enforce the civil penalty provided
in this paragraph.
(c) The commission's deliberations of a case at the conclusion
of the Preliminary Review Phase shall be conducted in executive
session. All case related materials and proceedings shall be open
to the public after the commission makes a finding of cause,
dismisses a complaint or rescinds a motion. Prior to the end of
the Preliminary Review Phase, the executive director of the
commission shall prepare a statement of the facts determined
during the phase, including appropriate legal citations and
relevant authorities. Before presentation to the commission, the
executive director's statement shall be reviewed by legal counsel
to the commission.
(d) The time limit imposed in this subsection and the
commission's inquiry are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
inquiry.
(7)(a) The period of time from the finding of cause to the
beginning of any contested case proceedings shall be termed the
Investigatory Phase and shall not exceed 120 days unless a delay
is stipulated to by both the public official and the Oregon
Government Standards and Practices Commission with the commission
reserving a portion of the delay period to complete its actions.
(b) The time limit imposed in this subsection and the
commission's investigation are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
investigation.
(c) At the end of the Investigatory Phase, the commission shall
take action by order, which action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation to determine further
facts, but no more than one continuation, not to exceed 30 days'
duration, shall be taken;
(C) Moving to a contested case proceeding;
(D) Seeking a negotiated settlement; or
(E) Taking other appropriate action if justified by the
findings.
{ - (8) If, at the end of the Investigatory Phase, the
commission takes action by order to move to a contested case
proceeding, a public official may notify the commission that the
official elects to have the commission file a lawsuit against the
official in the Marion County Circuit Court in lieu of the
contested case proceeding. The public official shall notify the
commission of the election in writing no later than 21 days after
receiving notification of the commission's action by order to
move to the contested case proceeding. The commission shall file
suit within 30 days after receiving notice that the public
official has elected the lawsuit procedure. - }
{ - (9) - } { + (8) + } The commission shall not inquire
into or investigate any complaint or act at its own instigation
on alleged conduct that occurred more than four years before the
complaint is filed or action is undertaken.
{ - (10) - } { + (9) + } Nothing in this section is
intended to prevent the commission and the public official or
other person alleged to have violated this chapter from
stipulating to a finding of fact concerning the violation and
consenting to an appropriate penalty. The commission shall enter
an order accordingly.
{ - (11) - } { + (10) + } As used in this section:
(a) 'Cause' means that there is a substantial, objective basis
for believing that an offense or violation may have been
committed and the person who is the subject of an inquiry may
have committed the offense or violation.
(b) 'Pending' means that a prosecuting attorney is either
actively investigating the factual basis of the alleged criminal
conduct, is preparing to seek or is seeking an accusatory
instrument, has obtained an accusatory instrument and is
proceeding to trial or is in trial or in the process of
negotiating a plea.
SECTION 16. ORS 244.260, as amended by section 52, chapter 849,
Oregon Laws 1999, is amended to read:
244.260. (1)(a) Upon its own instigation or signed complaint of
any person, the Oregon Government Standards and Practices
Commission may undertake action in the Preliminary Review Phase
with respect to the contents of any statements filed under this
chapter or resolution adopted pursuant thereto or any alleged
violation of any provision of this chapter.
(b) The public official who is the subject of a complaint or of
the commission's own action shall be notified immediately upon
receipt of the complaint or upon adoption of a motion by the
commission to undertake any action concerning the public
official. The notice shall be given by telephone if the official
can be reached and shall also be in writing mailed to the
official. The notice shall include the nature of the complaint or
motion and a copy of all materials submitted along with the
complaint or materials which give rise to the commission's
instigation of action on its own motion. However, the official
must also be notified in advance if an issue that may give rise
to a motion to undertake action on the commission's own
instigation is to be discussed at a commission meeting.
(c) Before investigating any complaint or undertaking any
investigation at the commission's own instigation, if the public
official who is the subject of the complaint or of the
commission's own action is a member of the Legislative Assembly,
the commission shall determine whether the alleged violation of
any provision of this chapter involves conduct protected by
section 9, Article IV of the Oregon Constitution. If the
commission determines that the conduct is protected by section 9,
Article IV of the Oregon Constitution, the commission shall
dismiss the complaint or rescind its motion as provided in
paragraph (e) of this subsection.
(d) If the complaint has not been dismissed or the motion of
the commission has not been rescinded as described in paragraph
(c) of this subsection, before investigating any complaint or
undertaking an investigation on the commission's own instigation,
the commission shall make a finding that there is cause to
undertake an investigation, notify the public official who is the
subject of the investigation, identify the issues to be examined
and shall confine its investigation to those issues. If the
commission finds reason to expand its investigation, it shall
move to do so and shall record in its minutes the issues to be
examined before expanding the scope of its investigation and
formally notify the complainant and the public official who is
the subject of the complaint of the expansion and the scope
thereof.
(e) If the commission does not make a finding of cause, or if
the commission determines that the alleged violation of this
chapter involves conduct protected by section 9, Article IV of
the Oregon Constitution, the commission shall dismiss the
complaint or rescind its motion and shall formally enter the
dismissal or rescission on its records. The commission shall
notify the public official of the dismissal or rescission. After
dismissal or rescission, the commission shall take no further
action involving the public official unless a new and different
complaint is filed or action at its own instigation is undertaken
based on different conduct.
(2) The commission may:
(a) During the Preliminary Review Phase, seek, solicit or
otherwise obtain any books, papers, records, memoranda or other
additional information, administer oaths and take depositions
necessary to determine whether there is cause or if the alleged
violation is protected by section 9, Article IV of the Oregon
Constitution; and
(b) During the Investigatory Phase, require any additional
information, administer oaths, take depositions and issue
subpoenas to compel attendance of witnesses and the production of
books, papers, records, memoranda or other information necessary
to complete the investigation. If any person fails to comply with
any subpoena issued under this section or refuses to testify on
any matters on which the person may be lawfully interrogated, the
procedure provided in ORS 183.440 shall be followed to compel
compliance.
(3) The person conducting any inquiry or investigation shall do
so in an impartial, objective manner. All favorable and
unfavorable information collected by the investigator shall be
turned over to the commission.
(4) The findings of the commission in any inquiry or
investigation shall be reported impartially, including both
favorable and unfavorable findings, and shall be made available
to the public official who is the subject thereof, to the
appointing authority, if any, and to the Attorney General for
state public officials and to the appropriate district attorney
for local public officials. The findings shall be made available
to the Commission on Judicial Fitness and Disability in any
investigation involving a judge.
(5) Hearings relating to any charge of alleged violation of
this chapter may be held before the commission or before a
hearing officer appointed by the commission. The procedure shall
be that for a contested case under ORS 183.310 to 183.550.
(6)(a) The period of time from the filing of a complaint or
from acting on the commission's own instigation to the finding of
cause or dismissal of the complaint or rescission of the motion
shall be termed the Preliminary Review Phase and shall not exceed
90 days unless a delay is stipulated to by both the public
official and the Oregon Government Standards and Practices
Commission with the commission reserving a portion of the delay
period to complete its actions.
(b) The Preliminary Review Phase shall be confidential.
Commission members and staff may acknowledge receipt of a
complaint but shall make no public comment or publicly disclose
any materials relating to a case during the Preliminary Review
Phase. A person who intentionally violates this paragraph is
subject to a civil penalty in an amount not to exceed $1,000. Any
person aggrieved as a result of a violation of this paragraph by
a member of the commission or its staff may file a petition in a
court of competent jurisdiction in the county in which the
petitioner resides in order to enforce the civil penalty provided
in this paragraph.
(c) The commission's deliberations of a case at the conclusion
of the Preliminary Review Phase shall be conducted in executive
session. All case related materials and proceedings shall be open
to the public after the commission makes a finding of cause,
dismisses a complaint or rescinds a motion. Prior to the end of
the Preliminary Review Phase, the executive director of the
commission shall prepare a statement of the facts determined
during the phase, including appropriate legal citations and
relevant authorities. Before presentation to the commission, the
executive director's statement shall be reviewed by legal counsel
to the commission.
(d) The time limit imposed in this subsection and the
commission's inquiry are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
inquiry.
(7)(a) The period of time from the finding of cause to the
beginning of any contested case proceedings shall be termed the
Investigatory Phase and shall not exceed 120 days unless a delay
is stipulated to by both the public official and the Oregon
Government Standards and Practices Commission with the commission
reserving a portion of the delay period to complete its actions.
(b) The time limit imposed in this subsection and the
commission's investigation are suspended if:
(A) There is a pending criminal investigation that relates to
the issues arising out of the underlying facts or conduct at
issue in the matter before the commission unless the parties
stipulate otherwise; or
(B) A court has enjoined the commission from continuing its
investigation.
(c) At the end of the Investigatory Phase, the commission shall
take action by order, which action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation to determine further
facts, but no more than one continuation, not to exceed 30 days'
duration, shall be taken;
(C) Moving to a contested case proceeding;
(D) Seeking a negotiated settlement; or
(E) Taking other appropriate action if justified by the
findings.
{ - (8) If, at the end of the Investigatory Phase, the
commission takes action by order to move to a contested case
proceeding, a public official may notify the commission that the
official elects to have the commission file a lawsuit against the
official in the Marion County Circuit Court in lieu of the
contested case proceeding. The public official shall notify the
commission of the election in writing no later than 21 days after
receiving notification of the commission's action by order to
move to the contested case proceeding. The commission shall file
suit within 30 days after receiving notice that the public
official has elected the lawsuit procedure. - }
{ - (9) - } { + (8) + } The commission shall not inquire
into or investigate any complaint or act at its own instigation
on alleged conduct that occurred more than four years before the
complaint is filed or action is undertaken.
{ - (10) - } { + (9) + } Nothing in this section is
intended to prevent the commission and the public official or
other person alleged to have violated this chapter from
stipulating to a finding of fact concerning the violation and
consenting to an appropriate penalty. The commission shall enter
an order accordingly.
{ - (11) - } { + (10) + } As used in this section:
(a) 'Cause' means that there is a substantial, objective basis
for believing that an offense or violation may have been
committed and the person who is the subject of an inquiry may
have committed the offense or violation.
(b) 'Pending' means that a prosecuting attorney is either
actively investigating the factual basis of the alleged criminal
conduct, is preparing to seek or is seeking an accusatory
instrument, has obtained an accusatory instrument and is
proceeding to trial or is in trial or in the process of
negotiating a plea.
SECTION 17. ORS 244.350 is amended to read:
244.350. (1) The Oregon Government Standards and Practices
Commission { - or the court under ORS 244.260 (8) - } may
impose civil penalties not to exceed $1,000 for violating any
provision of this chapter or any resolution adopted pursuant
thereto except that for violation of ORS 244.045 the commission
may impose a civil penalty of not to exceed $25,000.
(2) The commission may also impose civil penalties not to
exceed $1,000 for violating any provision of { - ORS
192.660 - } { + ORS 192.610 to 192.690 + }. However, a civil
penalty may not be imposed under this subsection if the violation
occurred as a result of the governing body of the public body
acting upon the advice of the public body's counsel.
(3) Any penalty imposed under this section is in addition to
and not in lieu of any other penalty or sanction that may be
imposed according to law, including removal from office.
SECTION 18. ORS 244.400 is amended to read:
244.400. (1) A public official or person described in ORS
171.778 who prevails following a contested case hearing under
this chapter or { - a lawsuit under ORS 244.260 - } { + ORS
171.725 to 171.785 + } shall be awarded reasonable attorney fees
at the conclusion of the contested case or on appeal.
(2) Upon prevailing following the conclusion of a contested
case { - or lawsuit - } , the public official or person may
petition the Circuit Court for Marion County for the purpose of
determining the award of reasonable attorney fees. { + If the
contested case proceeding is conducted under ORS 171.725 to
171.785, the Secretary of State shall be named as a respondent in
the petition. If the contested case proceeding is conducted
under this chapter, + } the Oregon Government Standards and
Practices Commission shall be named as a respondent in the
petition. The petitioner and respondent shall follow the
procedure provided in ORCP 68 for the determination of reasonable
attorney fees. The court shall give precedence on its docket to
petitions filed under this subsection as the circumstances may
require.
(3) The Court of Appeals shall award reasonable attorney fees
to the public official or person if the public official { + or
person + } prevails on appeal from any decisions of the
{ + secretary or the + } commission { - or of the Marion
County Circuit Court - } .
(4) Attorney fees to be awarded under this section shall be
only those fees incurred by the public official or person from
the time the commission { + or the Secretary of State + }
notifies the public official or person that { - it - }
{ + the commission or the secretary + } has entered an order to
move to a contested case proceeding.
(5) Any attorney fees awarded to the public official { + or
person + } pursuant to this section shall be paid from the
General Fund.
SECTION 19. ORS 192.685 is amended to read:
192.685. (1) { - Notwithstanding ORS 192.680, - } Complaints
of violations of { - ORS 192.660 - } { + ORS 192.610 to
192.690 + } alleged to have been committed by public officials
may be made to the Oregon Government Standards and Practices
Commission for review and investigation as provided by ORS
244.260 and for possible imposition of civil penalties as
provided by ORS 244.350.
(2) The commission may interview witnesses, review minutes and
other records and may obtain and consider any other information
{ - pertaining to executive sessions of the governing body of a
public body - } for purposes of determining whether a violation
of { - ORS 192.660 - } { + ORS 192.610 to 192.690 has + }
occurred. Information related to an executive session conducted
for a purpose authorized by ORS 192.660 shall be made available
to the Oregon Government Standards and Practices Commission for
its investigation but shall be excluded from public disclosure.
(3) If the commission chooses not to pursue a complaint of a
violation brought under subsection (1) of this section at any
time before conclusion of a contested case hearing, the public
official against whom the complaint was brought may be entitled
to reimbursement of reasonable costs and attorney fees by the
public body to which the official's governing body has authority
to make recommendations or for which the official's governing
body has authority to make decisions.
SECTION 20. ORS 192.680 is amended to read:
192.680. (1) A decision made by a governing body of a public
body in violation of ORS 192.610 to 192.690 shall be voidable.
The decision { - shall - } { + may + } not be voided if the
governing body of the public body reinstates the decision while
in compliance with ORS 192.610 to 192.690. A decision that is
reinstated is effective from the date of its initial adoption.
(2) Any person affected by a decision of a governing body of a
public body may commence a suit in the circuit court for the
county in which the governing body ordinarily meets, for the
purpose of { - requiring compliance with, or the prevention of
violations of ORS 192.610 to 192.690, by members of the governing
body, or to determine the applicability of ORS 192.610 to 192.690
to matters or decisions of the governing body - } { + seeking a
court order that a decision made by a governing body of a public
body is void + }.
(3) Notwithstanding subsection (1) of this section, if the
court finds that the public body made a decision while in
violation of ORS 192.610 to 192.690, the court shall void the
decision of the governing body if the court finds that the
violation was the result of intentional disregard of the law or
willful misconduct by a quorum of the members of the governing
body, unless other equitable relief is available. The court may
order such equitable relief as it deems appropriate in the
circumstances. The court may order payment to a successful
plaintiff in a suit brought under this section of reasonable
attorney fees at trial and on appeal, by the governing body, or
public body of which it is a part or to which it reports.
(4) If the court { - makes a finding - } { + orders + }
that a { - violation of ORS 192.610 to 192.690 has occurred
under subsection (2) of this section - } { + decision made by a
governing body of a public body is void + }and that the
violation is the result of willful misconduct by any member or
members of the governing body, { - that - } { + the + }
member or members shall be jointly and severally liable to the
governing body or the public body of which it is a part for the
amount paid by the body under subsection (3) of this section.
(5) Any suit brought under subsection (2) of this section must
be commenced within 60 days following the date that the decision
becomes public record.
{ - (6) The provisions of this section shall be the exclusive
remedy for an alleged violation of ORS 192.610 to 192.690. - }
SECTION 21. ORS 192.630 is amended to read:
192.630. (1) All meetings of the governing body of a public
body shall be open to the public and all persons shall be
permitted to attend any meeting except as otherwise provided by
ORS 192.610 to 192.690.
(2) No quorum of a governing body shall meet in private for the
purpose of deciding on or deliberating toward a decision on any
matter except as otherwise provided by ORS 192.610 to 192.690.
(3) A governing body shall not hold a meeting at any place
where discrimination on the basis of race, creed, color, sex,
age, national origin or disability is practiced. However, the
fact that organizations with restricted membership hold meetings
at the place shall not restrict its use by a public body if use
of the place by a restricted membership organization is not the
primary purpose of the place or its predominate use.
(4) Meetings of the governing body of a public body shall be
held within the geographic boundaries over which the public body
has jurisdiction, or at the administrative headquarters of the
public body or at the other nearest practical location. Training
sessions may be held outside the jurisdiction so long as no
deliberations toward a decision are involved. A joint meeting of
two or more governing bodies or of one or more governing bodies
and the elected officials of one or more federally recognized
Oregon Indian tribes shall be held within the geographic
boundaries over which one of the participating public bodies or
one of the Oregon Indian tribes has jurisdiction or at the
nearest practical location. Meetings may be held in locations
other than those described in this subsection in the event of an
actual emergency necessitating immediate action. This subsection
does not apply to the Oregon State Bar until December 31, 1980.
(5)(a) It shall be considered discrimination on the basis of
disability for a governing body of a public body to meet in a
place inaccessible to the disabled, or, upon request of a hearing
impaired person, to fail to make a good faith effort to have an
interpreter for hearing impaired persons provided at a regularly
scheduled meeting. { - The sole remedy for discrimination on
the basis of disability shall be as provided in ORS 192.680. - }
(b) The person requesting the interpreter shall give the
governing body at least 48 hours' notice of the request for an
interpreter, shall provide the name of the requester, sign
language preference and any other relevant information the
governing body may request.
(c) If a meeting is held upon less than 48 hours' notice,
reasonable effort shall be made to have an interpreter present,
but the requirement for an interpreter does not apply to
emergency meetings.
(d) If certification of interpreters occurs under state or
federal law, the Oregon Disabilities Commission or other state or
local agency shall try to refer only certified interpreters to
governing bodies for purposes of this subsection.
(e) As used in this subsection, 'good faith effort ' includes,
but is not limited to, contacting the Oregon Disabilities
Commission or other state or local agency that maintains a list
of qualified interpreters and arranging for the referral of one
or more such persons to provide interpreter services.
SECTION 22. ORS 244.340 is amended to read:
244.340. The Oregon Government Standards and Practices
Commission shall prepare and present a program of continuing
education for public officials { - and lobbyists - } . For this
purpose, the commission may use its own staff or may contract for
the preparation and presentation of this program, or both.
SECTION 23. { + ORS 192.695 is added to and made a part of ORS
192.610 to 192.690. + }
SECTION 24. { + (1) The executive director of the Oregon
Government Standards and Practices Commission shall:
(a) Deliver to the Secretary of State all records and property
within the jurisdiction of the executive director that relate to
the duties, functions and powers transferred by section 1 of this
2003 Act; and
(b) Transfer to the Secretary of State those employees engaged
primarily in the exercise of the duties, functions and powers
transferred by section 1 of this 2003 Act.
(2) The Secretary of State shall take possession of the records
and property, and shall take charge of the employees and employ
them in the exercise of the duties, functions and powers
transferred by section 1 of this 2003 Act, without reduction of
compensation but subject to change or termination of employment
or compensation as provided by law.
(3) The Governor shall resolve any dispute between the Oregon
Government Standards and Practices Commission and the Secretary
of State relating to transfers of records, property and employees
under this section, and the Governor's decision is final. + }
SECTION 25. { + (1) The unexpended balances of amounts
authorized to be expended by the Oregon Government Standards and
Practices Commission for the biennium beginning July 1, 2003,
from revenues dedicated, continuously appropriated, appropriated
or otherwise made available for the purpose of administering and
enforcing the duties, functions and powers transferred by section
1 of this 2003 Act are appropriated and transferred to and are
available for expenditure by the Secretary of State for the
biennium beginning July 1, 2003, for the purpose of administering
and enforcing the duties, functions and powers transferred by
section 1 of this 2003 Act.
(2) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Oregon
Government Standards and Practices Commission remain applicable
to expenditures by the Secretary of State under this section. + }
SECTION 26. { + The transfer of duties, functions and powers
to the Secretary of State by section 1 of this 2003 Act does not
affect any action, proceeding or prosecution involving or with
respect to such duties, functions and powers begun before and
pending at the time of the transfer, except that the Secretary of
State is substituted for the Oregon Government Standards and
Practices Commission in the action, proceeding or
prosecution. + }
SECTION 27. { + (1) Nothing in this 2003 Act relieves a person
of a liability, duty or obligation accruing under or with respect
to the duties, functions and powers transferred by section 1 of
this 2003 Act. The Secretary of State may undertake the
collection or enforcement of any such liability, duty or
obligation.
(2) The rights and obligations of the Oregon Government
Standards and Practices Commission legally incurred under
contracts, leases and business transactions executed, entered
into or begun before the operative date of section 1 of this 2003
Act accruing under or with respect to the duties, functions and
powers transferred by section 1 of this 2003 Act are transferred
to the Secretary of State. For the purpose of succession to these
rights and obligations, the Secretary of State is a continuation
of the Oregon Government Standards and Practices Commission and
not a new authority. + }
SECTION 28. { + Notwithstanding the transfer of duties,
functions and powers by section 1 of this 2003 Act, the rules of
the Oregon Government Standards and Practices Commission with
respect to such duties, functions or powers that are in effect on
the operative date of section 1 of this 2003 Act continue in
effect until superseded or repealed by rules of the Secretary of
State. References in such rules of the Oregon Government
Standards and Practices Commission to the Oregon Government
Standards and Practices Commission or an officer or employee of
the Oregon Government Standards and Practices Commission are
considered to be references to the Secretary of State or an
officer or employee of the Secretary of State. + }
SECTION 29. { + Whenever, in any uncodified law or resolution
of the Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions or powers transferred by section 1 of
this 2003 Act, reference is made to the Oregon Government
Standards and Practices Commission, or an officer or employee of
the Oregon Government Standards and Practices Commission, whose
duties, functions or powers are transferred by section 1 of this
2003 Act, the reference is considered to be a reference to the
Secretary of State or an officer or employee of the Secretary of
State who by this 2003 Act is charged with carrying out such
duties, functions and powers. + }
SECTION 30. { + (1) Sections 1 and 13 of this 2003 Act and the
amendments to ORS 171.740, 171.745, 171.750, 171.766, 171.772,
171.776, 171.778, 171.790, 171.992, 192.630, 192.680, 192.685,
244.260, 244.290, 244.340, 244.350 and 244.400 by sections 2 to
11 and 14 to 22 of this 2003 Act become operative on January 1,
2004.
(2) Notwithstanding subsection (1) of this section, the
Secretary of State and the Oregon Government Standards and
Practices Commission may take any action before the operative
date of section 1 of this 2003 Act that is necessary to enable
the Secretary of State to exercise, on and after the operative
date specified in subsection (1) of this section, all the duties,
functions and powers conferred by this 2003 Act. + }
SECTION 31. { + This 2003 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2003 Act takes effect on
its passage. + }
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