244.040
Prohibited use of official position or office; exceptions; other prohibited
actions. (1)
Except as provided in subsection (2) of this section, a public official may not
use or attempt to use official position or office to obtain financial gain or
avoidance of financial detriment for the public official, a relative or member
of the household of the public official, or any business with which the public
official or a relative or member of the household of the public official is
associated, if the financial gain or avoidance of financial detriment would not
otherwise be available but for the public official’s holding of the official
position or office.
(2) Subsection
(1) of this section does not apply to:
(a) Any part of
an official compensation package as determined by the public body that the
public official serves.
(b) The receipt
by a public official or a relative or member of the household of the public
official of an honorarium or any other item allowed under ORS 244.042.
(c) Reimbursement
of expenses.
(d) An
unsolicited award for professional achievement.
(e) Gifts that do
not exceed the limits specified in ORS 244.025 received by a public official or
a relative or member of the household of the public official from a source that
could reasonably be known to have a legislative or administrative interest.
(f) Gifts
received by a public official or a relative or member of the household of the
public official from a source that could not reasonably be known to have a
legislative or administrative interest.
(g) The receipt
by a public official or a relative or member of the household of the public
official of any item, regardless of value, that is expressly excluded from the
definition of “gift” in ORS 244.020.
(h) Contributions
made to a legal expense trust fund established under ORS 244.209 for the
benefit of the public official.
(i) Compensation
received by the public official from any post-secondary institution paid in
exchange for the public official teaching one or more courses at the
institution.
(3) A public
official may not solicit or receive, either directly or indirectly, and a
person may not offer or give to any public official any pledge or promise of
future employment, based on any understanding that the vote, official action or
judgment of the public official would be influenced by the pledge or promise.
(4) A public
official may not attempt to further or further the personal gain of the public
official through the use of confidential information gained in the course of or
by reason of holding position as a public official or activities of the public
official.
(5) A former
public official may not attempt to further or further the personal gain of any
person through the use of confidential information gained in the course of or
by reason of holding position as a public official or the activities of the
person as a public official.
(6) A person may
not attempt to represent or represent a client for a fee before the governing
body of a public body of which the person is a member. This subsection does not
apply to the person’s employer, business partner or other associate.
(7) A current or
former public official may not solicit, receive or use public moneys from a
public body, as defined in ORS 174.109, to pay or make payments on a civil
penalty imposed on the current or former public official by the Oregon
Government Ethics Commission in accordance with ORS 171.992 or 244.350.
(8) The
provisions of this section apply regardless of whether actual conflicts of
interest or potential conflicts of interest are announced or disclosed under
ORS 244.120.
(9) As used in
this section, the term “post-secondary institution” has the meaning given the
term “eligible post-secondary institution” in ORS 348.180. [1974 c.72 §3; 1975
c.543 §2; 1987 c.566 §9; 1989 c.340 §3; 1991 c.146 §1; 1991 c.770 §6; 1991
c.911 §4; 1993 c.743 §9; 2007 c.877 §17; 2009 c.68 §4; 2021 c.265 §1; 2025
c.354 §1]
Notes of Decisions
Brian v. Oregon Gov't Ethics Com'n, 891 P.2d 649 (Or. 1995).
· cites it 14× “The issue in this case is whether the trial court properly enjoined the Oregon Government Ethics Commission 1 (Commission) from investigating petitioner, a state representative, for an alleged violation of the “Code of Ethics,” set forth in ORS 244.040. The Court of Appeals held…”
Davidson v. Oregon Gov't Ethics Comm'n, 702 P.2d 417 (Or. Ct. App. 1985).
· cites it 33× “Following that conversation, petitioner asked a SAIF staff lawyer for his informal legal opinion as to whether his purchase of a car as an “add-on” would violate the Code of Ethics, ORS 244.040. Petitioner was told that it would not and thereafter ordered a vehicle from SAIF’s…”
Groener v. Oregon Gov't Ethics Comm'n, 651 P.2d 736 (Or. Ct. App. 1982).
· cites it 10× “The legislature did not grant substantive rulemaking authority under ORS 244.040, the statute at issue here. It seems apparent that the reason the legislature did not grant the Commission authority to adopt regulations under ORS 244.”
Brian v. Oregon Gov't Ethics Comm'n, 874 P.2d 1294 (Or. 1994).
· cites it 4× “As the basis for its proposed action, the Commission alleged: “[Petitioner], a public official of the State of Oregon, used his office to obtain financial gain in the sum of $2,035,000 and in so doing violated the provisions of ORS 244.040(1), by signing and providing a letter…”
Brian v. State or. Gov. Ethics Com'n, 868 P.2d 1359 (Or. Ct. App. 1994).
· cites it 4× “260, to investigate whether all or part of a $10,000 check that Brian received from Seiyu International Corporation (Seiyu) constituted a use of his office for private gain or a gift, in violation of ORS 244.040. 1 There was evidence before the Commission that Brian had…”
Vannatta v. Oregon Gov't Ethics Comm'n, 222 P.3d 1077 (Or. 2009).
“Former ORS 244.040(1) - (2), (5) (2005). In 2007, however, the legislature enacted Senate Bill (SB) 10 (2007), which made several amendments to the code of government ethics, including lowering the monetary limit on certain gifts to $50.”
In Re Gallagher, 951 P.2d 705 (Or. 1998).
· cites it 2× “]” The Commission also charged that all three forms of alleged misconduct violated ORS 244.040(l)(a), which provides: “No public official shall use or attempt to use official position or office to obtain financial gain or avoidance of financial detriment that would not otherwise…”
Moon v. Gov't Standards & Practices, 108 P.3d 112 (Or. Ct. App. 2005).
· cites it 2× “Petitioner seeks judicial review of an order of the Oregon Government Standards and Practices Commission (GSPC) concluding that he violated ORS 244.040(1)(a) and ORS 244.120(1)(c) on nine occasions and imposing a civil penalty of $1,800 and a forfeiture in *113 the amount of…”
Lane Cnty. v. Wood, 691 P.2d 473 (Or. 1984).
“…shall announce publicly the nature of the potential conflict prior to taking any official action thereon.” See ORS 244.040, 244.120.”
State v. Moine, 877 P.2d 94 (Or. Ct. App. 1994).
· cites it 7× “” *533 ORS 244.040(2) provides, in relevant part: “No public official * * * shall solicit or receive, whether directly or indirectly, during any calendar year, any gift or gifts with an aggregate value in excess of $100 from any single source [standing in described relationships…”
Moine v. Oregon Gov't Ethics Comm'n, 877 P.2d 96 (Or. Ct. App. 1994).
· cites it 7× “At the relevant time, ORS 244.040 provided, in part: “The following actions are prohibited regardless of whether potential conflicts of interest are announced or disclosed pursuant to ORS 244.”
— Or. Rev. Stat. § 244.040(1) — 9 cases
Davidson v. Oregon Gov't Ethics Comm'n, 702 P.2d 417 (Or. Ct. App. 1985).
“Following that conversation, petitioner asked a SAIF staff lawyer for his informal legal opinion as to whether his purchase of a car as an “add-on” would violate the Code of Ethics, ORS 244.040. Petitioner was told that it would not and thereafter ordered a vehicle from SAIF’s…”
Groener v. Oregon Gov't Ethics Comm'n, 651 P.2d 736 (Or. Ct. App. 1982).
“The legislature did not grant substantive rulemaking authority under ORS 244.040, the statute at issue here. It seems apparent that the reason the legislature did not grant the Commission authority to adopt regulations under ORS 244.”
Brian v. Oregon Gov't Ethics Com'n, 891 P.2d 649 (Or. 1995).
“The issue in this case is whether the trial court properly enjoined the Oregon Government Ethics Commission 1 (Commission) from investigating petitioner, a state representative, for an alleged violation of the “Code of Ethics,” set forth in ORS 244.040. The Court of Appeals held…”
Vannatta v. Oregon Gov't Ethics Comm'n, 222 P.3d 1077 (Or. 2009).
“Former ORS 244.040(1) - (2), (5) (2005). In 2007, however, the legislature enacted Senate Bill (SB) 10 (2007), which made several amendments to the code of government ethics, including lowering the monetary limit on certain gifts to $50.”
— Or. Rev. Stat. § 244.040(1)(a) — 3 cases
Brian v. Oregon Gov't Ethics Comm'n, 874 P.2d 1294 (Or. 1994).
“As the basis for its proposed action, the Commission alleged: “[Petitioner], a public official of the State of Oregon, used his office to obtain financial gain in the sum of $2,035,000 and in so doing violated the provisions of ORS 244.040(1), by signing and providing a letter…”
Moon v. Gov't Standards & Practices, 108 P.3d 112 (Or. Ct. App. 2005).
“Petitioner seeks judicial review of an order of the Oregon Government Standards and Practices Commission (GSPC) concluding that he violated ORS 244.040(1)(a) and ORS 244.120(1)(c) on nine occasions and imposing a civil penalty of $1,800 and a forfeiture in *113 the amount of…”
— Or. Rev. Stat. § 244.040(2) — 6 cases
Brian v. Oregon Gov't Ethics Com'n, 891 P.2d 649 (Or. 1995).
“The issue in this case is whether the trial court properly enjoined the Oregon Government Ethics Commission 1 (Commission) from investigating petitioner, a state representative, for an alleged violation of the “Code of Ethics,” set forth in ORS 244.040. The Court of Appeals held…”
State v. Moine, 877 P.2d 94 (Or. Ct. App. 1994).
“” *533 ORS 244.040(2) provides, in relevant part: “No public official * * * shall solicit or receive, whether directly or indirectly, during any calendar year, any gift or gifts with an aggregate value in excess of $100 from any single source [standing in described relationships…”
Davidson v. Oregon Gov't Ethics Comm'n, 702 P.2d 417 (Or. Ct. App. 1985).
“Following that conversation, petitioner asked a SAIF staff lawyer for his informal legal opinion as to whether his purchase of a car as an “add-on” would violate the Code of Ethics, ORS 244.040. Petitioner was told that it would not and thereafter ordered a vehicle from SAIF’s…”
Moine v. Oregon Gov't Ethics Comm'n, 877 P.2d 96 (Or. Ct. App. 1994).
“At the relevant time, ORS 244.040 provided, in part: “The following actions are prohibited regardless of whether potential conflicts of interest are announced or disclosed pursuant to ORS 244.”
— Or. Rev. Stat. § 244.040(3) — 1 case
Davidson v. Oregon Gov't Ethics Comm'n, 702 P.2d 417 (Or. Ct. App. 1985).
“Following that conversation, petitioner asked a SAIF staff lawyer for his informal legal opinion as to whether his purchase of a car as an “add-on” would violate the Code of Ethics, ORS 244.040. Petitioner was told that it would not and thereafter ordered a vehicle from SAIF’s…”
— Or. Rev. Stat. § 244.040(4) — 1 case
Davidson v. Oregon Gov't Ethics Comm'n, 702 P.2d 417 (Or. Ct. App. 1985).
“Following that conversation, petitioner asked a SAIF staff lawyer for his informal legal opinion as to whether his purchase of a car as an “add-on” would violate the Code of Ethics, ORS 244.040. Petitioner was told that it would not and thereafter ordered a vehicle from SAIF’s…”
— Or. Rev. Stat. § 244.040(5) — 1 case
Davidson v. Oregon Gov't Ethics Comm'n, 702 P.2d 417 (Or. Ct. App. 1985).
“Following that conversation, petitioner asked a SAIF staff lawyer for his informal legal opinion as to whether his purchase of a car as an “add-on” would violate the Code of Ethics, ORS 244.040. Petitioner was told that it would not and thereafter ordered a vehicle from SAIF’s…”
— Or. Rev. Stat. § 244.040(6) — 1 case
Moine v. Oregon Gov't Ethics Comm'n, 877 P.2d 96 (Or. Ct. App. 1994).
“At the relevant time, ORS 244.040 provided, in part: “The following actions are prohibited regardless of whether potential conflicts of interest are announced or disclosed pursuant to ORS 244.”
— Or. Rev. Stat. § 244.040(l)(a) — 1 case
In Re Gallagher, 951 P.2d 705 (Or. 1998).
“]” The Commission also charged that all three forms of alleged misconduct violated ORS 244.040(l)(a), which provides: “No public official shall use or attempt to use official position or office to obtain financial gain or avoidance of financial detriment that would not otherwise…”
— Or. Rev. Stat. § 244.040(l)(d) — 1 case
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