Bill Text: OR HB2427 | 2011 | Regular Session | Introduced
Bill Title: Relating to Oregon Government Ethics Commission.
Sponsorship: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2427 Detail]
Download: Oregon-2011-HB2427-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1450
House Bill 2427
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Rules)
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.
Requires Oregon Government Ethics Commission to proceed as
expeditiously as possible in complaint and adjudicatory process
when candidate for public office is alleged to have violated
ethics law or rule.
A BILL FOR AN ACT
Relating to Oregon Government Ethics Commission; amending ORS
244.260.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 244.260 is amended to read:
244.260. (1)(a) Any person may file with the Oregon Government
Ethics Commission a signed written complaint alleging that there
has been a violation of any provision of this chapter or of any
rule adopted by the commission under this chapter. The complaint
shall state the person's reason for believing that a violation
occurred and include any evidence relating to the alleged
violation.
(b) If at any time the commission has reason to believe that
there has been a violation of a provision of this chapter or of a
rule adopted by the commission under this chapter, the commission
may proceed under this section on its own motion as if the
commission had received a complaint.
(2)(a) Not later than two business days after receiving a
complaint under this section, the commission shall notify the
person who is the subject of the complaint.
(b) Before approving a motion to proceed under this section
without a complaint, the commission shall provide notice to the
person believed to have committed the violation of the time and
place of the meeting at which the motion will be discussed. If
the commission decides to proceed on its own motion, the
commission shall give notice to the person not later than two
business days after the motion is approved.
(c) The commission shall give notice of the complaint or motion
under paragraph (a) or (b) of this subsection by mail and by
telephone if the person can be reached by telephone. The notice
must describe the nature of the alleged violation. The mailed
notice must include copies of all materials submitted with a
complaint. If the commission will consider a motion to proceed
without a complaint, the notice must provide copies of all
materials that the commission will consider at the hearing on the
motion.
(d) Information that the commission considers before approving
a motion to proceed on its own motion under this section and any
correspondence regarding the motion or potential violation is
confidential. Commission members and staff may not make any
public comment or publicly disclose any materials relating to the
motion pending the commission's approval to proceed. 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.
(3) After receiving a complaint or deciding to proceed on its
own motion, the commission shall undertake action in the
Preliminary Review Phase to determine whether there is cause to
undertake an investigation. If the person who is the subject of
the action is a member of the Legislative Assembly, the
commission shall determine whether the alleged violation involves
conduct protected by section 9, Article IV of the Oregon
Constitution.
(4)(a) The Preliminary Review Phase begins on the date the
complaint is filed or the date the commission decides to proceed
on its own motion and ends on the date the commission determines
there is cause to undertake an investigation, dismisses the
complaint or rescinds its own motion. The Preliminary Review
Phase may not exceed 135 days unless:
(A) A delay is stipulated to by both the person who is the
subject of action under this section and the commission with the
commission reserving a portion of the delay period to complete
its actions; or
(B) A complaint is filed under this section with respect to a
person who is a candidate for elective public office, the
complaint is filed within 61 days before the date of an election
at which the person is a candidate for nomination or election and
a delay is requested in writing by the candidate. If the
candidate makes a request under this subparagraph, the
Preliminary Review Phase must be completed not later than 135
days after the date of the first meeting of the commission that
is held after the date of the election.
(b) During the Preliminary Review Phase, the commission may
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 to
undertake an investigation or whether the alleged violation
involves conduct protected by section 9, Article IV of the Oregon
Constitution.
(c) The Preliminary Review Phase is confidential. Commission
members and staff may acknowledge receipt of a complaint but may
not make any 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.
(d) At the conclusion of the Preliminary Review Phase, the
commission shall conduct its deliberations in executive session.
All case related materials and proceedings shall be open to the
public after the commission makes a finding of cause to undertake
an investigation, 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.
(e) 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.
(5)(a) If the commission determines that there is not cause to
undertake an investigation or 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 formally enter the dismissal
or rescission in its records. The commission shall notify the
person who is the subject of action under this section of the
dismissal or rescission. After dismissal or rescission, the
commission may not take further action involving the person
unless a new and different complaint is filed or action on the
commission's own motion is undertaken based on different conduct.
(b) If the commission makes a finding of cause to undertake an
investigation, the commission shall undertake action in the
Investigatory Phase. The commission shall notify the person who
is the subject of the investigation, identify the issues to be
examined and confine the investigation to those issues. If the
commission finds reason to expand the investigation, the
commission shall move to do so, record in its minutes the issues
to be examined before expanding the scope of its investigation
and formally notify the complainant, if any, and the person who
is the subject of the investigation of the expansion and the
scope of the investigation.
(6)(a) The Investigatory Phase begins on the date the
commission makes a finding of cause to undertake an investigation
and ends on the date the commission dismisses the complaint,
rescinds its own motion, issues a settlement order, moves to
commence a contested case proceeding or takes other action
justified by the findings. The Investigatory Phase may not exceed
180 days unless a delay is stipulated to by both the person who
is the subject of action under this section and the commission
with the commission reserving a portion of the delay period to
complete its actions.
(b) During the Investigatory Phase, the commission may seek 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
paragraph or refuses to testify on any matters on which the
person may be lawfully interrogated, the commission shall follow
the procedure described in ORS 183.440 to compel compliance.
(c) 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.
(d) At the end of the Investigatory Phase, the commission shall
take action by order. The action may include:
(A) Dismissal, with or without comment;
(B) Continuation of the investigation for a period not to
exceed 30 days for the purpose of additional fact-finding;
(C) Moving to a contested case proceeding;
(D) Entering into a negotiated settlement; or
(E) Taking other appropriate action if justified by the
findings.
(e) The commission may move to a contested case proceeding if
the commission determines that the information presented to the
commission is sufficient to make a preliminary finding of a
violation of any provision of this chapter or of any rule adopted
by the commission under this chapter.
(7) A person conducting any inquiry or investigation under this
section shall:
(a) Conduct the inquiry or investigation in an impartial and
objective manner; and
(b) Provide to the commission all favorable and unfavorable
information the person collects.
(8) The commission shall report the findings of any inquiry or
investigation in an impartial manner. The commission shall report
both favorable and unfavorable findings and shall make the
findings available to:
(a) The person who is the subject of the inquiry or
investigation;
(b) The appointing authority, if any;
(c) The Attorney General, if the findings relate to a state
public official;
(d) The appropriate district attorney, if the findings relate
to a local public official; and
(e) The Commission on Judicial Fitness and Disability, if the
findings relate to a judge.
(9) Hearings conducted under this chapter must be held before
an administrative law judge assigned from the Office of
Administrative Hearings established under ORS 183.605. The
procedure shall be that for a contested case under ORS chapter
183.
(10) The Oregon Government Ethics Commission may not inquire
into or investigate any conduct that occurred more than four
years before a complaint is filed or a motion is approved under
subsection (1) of this section.
(11) This section does not prevent the commission and the
person alleged to have violated any provision of this chapter or
any rule adopted by the commission under this chapter from
stipulating to a finding of fact concerning the violation and
consenting to an appropriate penalty. The commission shall enter
an order based on the stipulation and consent.
(12) At any time during proceedings conducted under this
section, the commission may enter into a negotiated settlement
with the person who is the subject of action under this section.
{ + (13) A proceeding under this section involving a
candidate for public office has priority over all other
proceedings and shall be resolved as expeditiously as possible in
accordance with rules adopted by the commission. + }
{ - (13) - } { + (14) + } 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.
----------
