Chapter 185
AN ACT
HB 2088
Relating to reports received by the Secretary of State; creating new
provisions; and amending ORS 177.170 and 177.180.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 177.170 is amended to read:
177.170. (1) The
Secretary of State shall establish a toll-free telephone line that is available
to public employees and members of the public for the purpose of reporting
waste, inefficiency or abuse by state agencies, state employees or persons under
contract with state agencies.
(2) In addition to
establishing a toll-free telephone line under subsection (1) of this section,
the secretary shall also accept reports of waste, inefficiency or abuse by
state agencies, state employees or persons under contract with state agencies
made to the secretary by any other method.
[(2)] (3) The toll-free telephone line required to be
established under subsection (1) of this section shall be known as the
Government Waste Hotline. The secretary [of
State] shall prepare written notices that explain the purpose of the
Government Waste Hotline[. The notices
shall] and that prominently display the telephone number for the
Government Waste Hotline. The notice shall be posted in all state offices. If a
state office is open to members of the public, the notice shall be posted in a
place where the public is most likely to see the notice.
[(3)] (4) The secretary [of
State] shall publicize the availability of the Government Waste Hotline
through print and electronic media.
SECTION 2.
ORS 177.180 is amended to read:
177.180. (1) The
Secretary of State shall designate one person employed by the Division of
Audits of the Office of the Secretary of State to be responsible for reports of
waste, inefficiency or abuse received through the Government Waste Hotline
or received by the secretary through any other method. The person
designated under this section shall log all reports received [through the Government Waste Hotline].
(2) Notwithstanding any
other provision of law, the identity of any person making a report [through the Government Waste Hotline shall
remain] under ORS 177.170 is confidential. A report of waste,
inefficiency or abuse received [through
the Government Waste Hotline] under ORS 177.170 and any resulting
investigation [shall remain] are
confidential unless the Secretary of State finds that waste, inefficiency or
abuse has occurred and reports these findings as provided under subsection (4)
of this section. If the Secretary of State finds that waste, inefficiency or
abuse has occurred, a report of waste, inefficiency or abuse [received through the Government Waste
Hotline] and any resulting investigation [shall remain] are confidential until the investigation
described in subsection (3) of this section is complete.
(3) The secretary [of State] shall conduct an initial
investigation of each report of waste, inefficiency or abuse made [by public employees and members of the
public through the Government Waste Hotline] under ORS 177.170.
Following the initial investigation, the secretary shall determine which
reports shall be investigated further and [shall]
assign the investigation to audit staff qualified to conduct waste,
inefficiency and abuse investigations. The secretary [of State] may audit any state agency if it appears that officers or
employees of the agency, or persons under contract with the agency, are
engaging in activities that constitute waste, inefficiency or abuse.
Notwithstanding [any provision of]
subsection (2) of this section:
(a) If the secretary [of State] determines during the
investigation that a violation of any provision of ORS chapter 244 may be
occurring or may have occurred, the secretary shall notify the Oregon
Government Standards and Practices Commission of the potential violation;
and
(b) If the secretary [of State] determines during the
investigation that fraud or other criminal activity may be occurring or may
have occurred, the secretary shall notify the appropriate law enforcement
agency of the potential fraud or other criminal activity.
(4) Subject to the
confidentiality requirements of subsection (2) of this section, upon completion
of an investigation under this section:
(a) The secretary [of State] shall [make a determination] determine in writing whether officers
or employees of a state agency, or persons under contract with a state
agency, are engaging in activities that constitute waste, inefficiency or
abuse. The written determination may include other information about the
nature of the investigation or the secretary’s determination.[;]
(b) [The Secretary of State shall prepare a
written determination and may include other information about the nature of the
investigation performed by the Secretary of State or the secretary’s
determination.] If the secretary [of
State] finds that waste, inefficiency or abuse has occurred [and if requested], upon request of
the person who made the report under ORS 177.170, the secretary shall provide
the person with a copy of the determination [with] and any other information included by the secretary.
[of State shall be sent to the person who
made the report of waste, inefficiency or abuse; and]
(c) If the secretary [of State] determines that officers or
employees of another state agency or public body, or persons under contract
with a state agency or public body, are involved in activities that
constitute waste, inefficiency or abuse, the secretary [of State] shall notify the state agency or public body of the
determination and deliver a copy of the secretary’s findings to the agency or
body.
(5) A written [summary] determination prepared
by the secretary [of State] under
this section is a public record[, and
shall be made readily available for public inspection].
(6) The secretary [of State] shall prepare an annual report
and submit it to each regular session of the Legislative Assembly and to
appropriate interim committees of the Legislative Assembly. The report shall
describe the number, nature and resolution of reports made [through the Government Waste Hotline] under
ORS 177.170 and shall identify savings resulting from improved efficiencies
or the elimination of waste or abuse resulting from reports received and
investigations conducted under this section and ORS 177.170. The report shall
also list the number and nature of any positive reports received relating to
state agencies, state employees or persons under contract with state agencies.
SECTION 3. The
amendments to ORS 177.170 and 177.180 by sections 1 and 2 of this 2007 Act
apply to reports of waste, inefficiency or abuse received by the Secretary of
State on or after the effective date of this 2007 Act.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date January 1, 2008
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