244.120
Methods of handling conflicts; Legislative Assembly; judges; appointed
officials; other elected officials or members of boards. (1) Except as provided in
subsection (2) of this section, when met with an actual or potential conflict
of interest, a public official shall:
(a) If the public
official is a member of the Legislative Assembly, announce publicly, pursuant
to rules of the house of which the public official is a member, the nature of
the conflict before taking any action thereon in the capacity of a public
official.
(b) If the public
official is a judge, remove the judge from the case giving rise to the conflict
or advise the parties of the nature of the conflict.
(c) If the public
official is any other appointed official subject to this chapter, notify in
writing the person who appointed the public official to office of the nature of
the conflict, and request that the appointing authority dispose of the matter
giving rise to the conflict. Upon receipt of the request, the appointing
authority shall designate within a reasonable time an alternate to dispose of
the matter, or shall direct the official to dispose of the matter in a manner
specified by the appointing authority.
(2) An elected
public official, other than a member of the Legislative Assembly, or an
appointed public official serving on a board or commission, shall:
(a) When met with
a potential conflict of interest, announce publicly the nature of the potential
conflict prior to taking any action thereon in the capacity of a public
official; or
(b) When met with
an actual conflict of interest, announce publicly the nature of the actual
conflict and:
(A) Except as
provided in subparagraph (B) or (C) of this paragraph, refrain from
participating as a public official in any discussion or debate on the issue out
of which the actual conflict arises or from voting on the issue.
(B) If any public
official’s vote is necessary to meet a requirement of a minimum number of votes
to take official action, be eligible to vote, but not to participate as a
public official in any discussion or debate on the issue out of which the
actual conflict arises.
(C) If the
official action is the adoption of a local budget under ORS 294.305 to 294.565
that includes providing compensation or benefits to the public official or a
relative of the public official, be eligible to participate in any discussion
or debate on the budget and to vote.
(3) Nothing in
subsection (1) or (2) of this section requires any public official to announce
a conflict of interest more than once on the occasion which the matter out of
which the conflict arises is discussed or debated.
(4) Nothing in
this section authorizes a public official to vote if the official is otherwise
prohibited from doing so. [1974 c.72 §10; 1975 c.543 §7; 1987 c.566 §15; 1993
c.743 §15; 2025 c.466 §1]
Notes of Decisions
Moon v. Gov't Standards & Practices, 108 P.3d 112 (Or. Ct. App. 2005).
· cites it 3× “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 $5,277.”
Black v. Corp. Div., 634 P.2d 1383 (Or. Ct. App. 1981).
· cites it 2× “” Petitioner contends that 1) the hearings officer was biased and violated ORS 244.120(l)(d), requiring disclosure of potential conflicts of interest, and thus violated petitioner’s due process rights; and 2) the Commissioner exceeded his authority, because the transactions at…”
Moine v. Oregon Gov't Ethics Comm'n, 877 P.2d 96 (Or. Ct. App. 1994).
· cites it 7× “040 provided, in part: “The following actions are prohibited regardless of whether potential conflicts of interest are announced or disclosed pursuant to ORS 244.120: “(1) No public official shall use official position or office to obtain financial gain for the public official,…”
Brian v. Oregon Gov't Ethics Com'n, 891 P.2d 649 (Or. 1995).
“040(1) and (2) (1991) provided: “The following actions are prohibited regardless of whether potential conflicts of interest are announced or disclosed pursuant to ORS 244.120: “(1) No public official shall use official position or office to obtain financial *680 gain for the…”
Gallant v. Bd. of Med. Examiners, 974 P.2d 814 (Or. Ct. App. 1999).
“Here, the asserted basis for reversal concerns whether Williams participated in the deliberations, which is prohibited by ORS 244.120(2)(b)(A). If that were established, then a reversal of the Board’s decision on reconsideration would be warranted.”
Eastgate Theatre, Inc. v. Bd. of Cnty. Commissioners, 588 P.2d 640 (Or. Ct. App. 1978).
“Particularly, ORS 244.120(1) provides that a county commissioner must handle a conflict by declaration, but, in contrast, a judge must do so by either withdrawal or declaration: "(1) When involved in a potential conflict of interest, a public official shall: "(a) If he is an…”
Caragol v. Oregon Gov't Ethics Comm'n, 780 P.2d 751 (Or. Ct. App. 1989).
· cites it 3× “We reverse with respect to alleged violations of ORS 244.120 and otherwise affirm. In 1981, some interested Woodburn citizens advocated development of a retirement care facility to be known as Grace Village.”
Buntyn v. Gov't Standards & Practices Comm'n, 63 P.3d 37 (Or. Ct. App. 2003).
· cites it 11× “In petitioner’s second assignment of error, he argues that the commission erred in finding that petitioner committed 44 violations of ORS 244.120(1)(c) by failing to notify his appointing authority that he had a conflict of interest each time he initiated a transaction with…”
Knutson Towboat Co. v. Oregon Bd. of Mar. Pilots, 885 P.2d 746 (Or. Ct. App. 1994).
“ORS 244.120(1) provides: “(a) When met with a potential conflict of interest, [the public official must] announce publicly the nature of the potential conflict prior to taking any action thereon in the capacity of a public official; or “(b) When met with an actual conflict of…”
Bullock v. City of Ashland, 250 P.3d 947 (Or. Ct. App. 2011).
· cites it 2× “ORS 244.120(2)(b) requires, in some circumstances, certain public officials (an “elected public official, other than a member of the Legislative Assembly, or an appointed public official serving on a board or commission”), *389 when “met with an actual conflict of interest,” to…”
— Or. Rev. Stat. § 244.120(1) — 3 cases
Eastgate Theatre, Inc. v. Bd. of Cnty. Commissioners, 588 P.2d 640 (Or. Ct. App. 1978).
“Particularly, ORS 244.120(1) provides that a county commissioner must handle a conflict by declaration, but, in contrast, a judge must do so by either withdrawal or declaration: "(1) When involved in a potential conflict of interest, a public official shall: "(a) If he is an…”
Moine v. Oregon Gov't Ethics Comm'n, 877 P.2d 96 (Or. Ct. App. 1994).
“040 provided, in part: “The following actions are prohibited regardless of whether potential conflicts of interest are announced or disclosed pursuant to ORS 244.120: “(1) No public official shall use official position or office to obtain financial gain for the public official,…”
Knutson Towboat Co. v. Oregon Bd. of Mar. Pilots, 885 P.2d 746 (Or. Ct. App. 1994).
“ORS 244.120(1) provides: “(a) When met with a potential conflict of interest, [the public official must] announce publicly the nature of the potential conflict prior to taking any action thereon in the capacity of a public official; or “(b) When met with an actual conflict of…”
— Or. Rev. Stat. § 244.120(1)(c) — 2 cases
Moon v. Gov't Standards & Practices, 108 P.3d 112 (Or. Ct. App. 2005).
“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 $5,277.”
Buntyn v. Gov't Standards & Practices Comm'n, 63 P.3d 37 (Or. Ct. App. 2003).
“In petitioner’s second assignment of error, he argues that the commission erred in finding that petitioner committed 44 violations of ORS 244.120(1)(c) by failing to notify his appointing authority that he had a conflict of interest each time he initiated a transaction with…”
— Or. Rev. Stat. § 244.120(2)(b) — 1 case
Bullock v. City of Ashland, 250 P.3d 947 (Or. Ct. App. 2011).
“ORS 244.120(2)(b) requires, in some circumstances, certain public officials (an “elected public official, other than a member of the Legislative Assembly, or an appointed public official serving on a board or commission”), *389 when “met with an actual conflict of interest,” to…”
— Or. Rev. Stat. § 244.120(2)(b)(A) — 1 case
Gallant v. Bd. of Med. Examiners, 974 P.2d 814 (Or. Ct. App. 1999).
“Here, the asserted basis for reversal concerns whether Williams participated in the deliberations, which is prohibited by ORS 244.120(2)(b)(A). If that were established, then a reversal of the Board’s decision on reconsideration would be warranted.”
— Or. Rev. Stat. § 244.120(l)(a) — 1 case
Caragol v. Oregon Gov't Ethics Comm'n, 780 P.2d 751 (Or. Ct. App. 1989).
“We reverse with respect to alleged violations of ORS 244.120 and otherwise affirm. In 1981, some interested Woodburn citizens advocated development of a retirement care facility to be known as Grace Village.”
— Or. Rev. Stat. § 244.120(l)(c) — 2 cases
Moine v. Oregon Gov't Ethics Comm'n, 877 P.2d 96 (Or. Ct. App. 1994).
“040 provided, in part: “The following actions are prohibited regardless of whether potential conflicts of interest are announced or disclosed pursuant to ORS 244.120: “(1) No public official shall use official position or office to obtain financial gain for the public official,…”
Bullock v. City of Ashland, 250 P.3d 947 (Or. Ct. App. 2011).
“ORS 244.120(2)(b) requires, in some circumstances, certain public officials (an “elected public official, other than a member of the Legislative Assembly, or an appointed public official serving on a board or commission”), *389 when “met with an actual conflict of interest,” to…”
— Or. Rev. Stat. § 244.120(l)(d) — 2 cases
Black v. Corp. Div., 634 P.2d 1383 (Or. Ct. App. 1981).
“” Petitioner contends that 1) the hearings officer was biased and violated ORS 244.120(l)(d), requiring disclosure of potential conflicts of interest, and thus violated petitioner’s due process rights; and 2) the Commissioner exceeded his authority, because the transactions at…”
Moine v. Oregon Gov't Ethics Comm'n, 877 P.2d 96 (Or. Ct. App. 1994).
“040 provided, in part: “The following actions are prohibited regardless of whether potential conflicts of interest are announced or disclosed pursuant to ORS 244.120: “(1) No public official shall use official position or office to obtain financial gain for the public official,…”
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