Ethics / Public Meetings

Government Ethics Law

Public Officials = All of Us

“The Legislative Assembly declares that service as a public official is a public trust and that, as one safeguard for that trust, the people require all public officials to comply with the applicable provisions of this chapter.” ORS 244.010.

The Government Ethics Commission (OGEC)

• Provides training and education for Public Officials

• Issues Advisory Opinions

• Investigates alleged violations and holds public officials accountable

Other OGEC Compliance Obligations

• Annual Verified Statements of Economic Interest (SEI)

• Lobbying and Lobbyist Registration

Three Principles Underlying Oregon Ethics Law:

• Don’t use of office for personal gain

• Don’t accept prohibited gifts

• Avoid conflicts of interest

  • Actual and Potential Conflicts

  • What must a Trustee do when met with a Conflict of Interest?

  • Exemptions

Government Liability Protection

• • Oregon Tort Claims Act

  • Bylaws Art. X: Indemnification

  • “The University shall, to the extent legally permissible, defend, save harmless and indemnify trustees against all liabilities and expenses (including legal fees) reasonably incurred in connection with the defense of any action, suit, or other proceeding (whether civil, criminal, administrative, or investigative) to which he or she has been made a party by reason of being or having been a trustee, provided he or she acted in good faith and in a manner reasonably believed to be in, or not opposed to, the best interests of the University. Trustees are not entitled to indemnification for acts that are adjudicated in such action, suit, or proceeding to be the result of malfeasance in office or willful or wanton neglect of duty.”

  • Insurance – we have it!

Public Records Law

“Public Record” Defined: any writing that contains information relating to the conduct of the public’s business, and that is owned, used or retained by a public body regardless of physical form or characteristics

• Writing: includes email, handwritten and electronic documents, video and audio recordings, photos and images, maps, files, and more

• IMPORTANT: A record located on a non-PSU computer or in a non-PSU email account is still a public record if it otherwise meets the definition

Our Legal Obligations Regarding Public Records:

• Retain

  • Minimum one year

  • Depending on type of record, may be much longer

• Disclose

  • When requested, unless exempt

  • Strict timelines are now in place

Special Note on Litigation Holds: When on notice of a potential lawsuit or claim, we have a legal duty to preserve relevant records.

Public Meetings Law

“The Oregon form of government requires an informed public aware of the deliberations and decisions of governing bodies and the information upon which such decisions were made.” ORS 192.620

The Public Meetings Law establishes a policy of open decision-making by governing bodies like the Board

• Meetings must be open to the public

• The public must have notice of the time and place

• Meetings must be accessible

• Minutes must be taken or a recording made

• Votes must be recorded

What constitutes a “Public Meeting”?

• Meetings for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter

• Caution- Social and informal gatherings may be covered if a quorum is present

Executive sessions

• For limited and enumerated purposes only

• News media may attend most executive sessions, although they may not report the discussion

• No final decisions may be made

• Enforced by OGEC - “Advice of counsel” defense