1245 ORS 244.050 Protest

CITY OF ELGIN, OREGON RESOLUTION 1245 (2008)

A RESOLUTION SEEKING CHANGES TO ORS 244.050 TO SAVE LOCAL LEADERSHIP

WHEREAS, the 2007 session of the Oregon Legislature passed ORS 244.050, revising ethics reporting requirements for city and local governments; and

WHEREAS, the undersigned consider the changes in ORS 244.050 relating to reporting of the names of family members, listing of personal debt and personal property holdings to be an unreasonable violation of the personal right to Liberty, Right of Privacy and Due Process of Law under the 14th Amendment of the U.S. Constitution; and

WHEREAS, these invasions of privacy include abrogation of personal and family rights to privacy in order to participate in a constitutionally guaranteed right of the people to represent themselves in government; and

WHEREAS, these violations of privacy are without any corresponding benefit to the public; and

WHEREAS, the unnecessary information required by ORS 244.050 also includes the listing of personal debts and personal property holdings that should only be disclosed in the event of a conflict of interest; and

WHEREAS, the collection of this unnecessary information in ORS 244.050 relating to family members, debts and personal property holdings constitutes an Unreasonable Search of the office holder's private papers and effects in violation of Article 1 Section 9 of the Oregon State Constitution and under the 4th Amendment of the U.S. Constitution relating to Unreasonable Searches of persons' papers and effects; is beyond the scope of the Oregon Government Ethics Commission and is not necessary for the Oregon Government Ethics Commission to properly perform the oversight of elected and appointed leaders; and

WHEREAS, this private information will be displayed on a public Internet site with no protection against misuse; and

WHEREAS, the requirement for quarterly reports from volunteer elected and appointed members of local government council and commissions is unnecessarily onerous, when annual reports would be adequate; and

WHEREAS, the 2008 Annual Verified Statement of Economic Interest for the Calendar Year 2007 was received by local government leaders less than two weeks prior to the deadline; and

WHEREAS, The Oregon Government Ethics Commission is unable to adequately answer questions regarding administration and implementation of ORS 244.050; and

WHEREAS, the funding for the administration and implementation of ORS 244.050 will increase the financial burden on rural cities, counties and port districts; and

WHEREAS, the burden of these new requirements and the invasion of privacy they create has caused numerous, statewide resignations of duly elected and appointed qualified volunteer leaders; and

WHEREAS, more resignations are expected if these requirements are not removed; and

WHEREAS, these rules will create a vacuum in leadership for Oregon's rural communities, making it extremely difficult to retain and recruit qualified volunteers to serve in public positions that are crucial to the operation of our small cities, counties and port districts.

NOW, THEREFORE, BE IT RESOLVED that the City of Elgin hereby requests that the reporting requirements of ORS 244.050 be suspended until such time as the Oregon Legislature reviews, hears testimony from entities drastically affected and takes action to amend the above described unacceptable requirements.

PASSED AND ADOPTED this 8th day of April 2008.