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ORGANIZING AND IMPLEMENTING

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Nội dung chi tiết: ORGANIZING AND IMPLEMENTING

ORGANIZING AND IMPLEMENTING

RNO16S6205567.COC10/20/2022 10/20/20222007]GOVERNMENT ETHICS LAV/ REFORM143OREGON GOVERNMENT ETHICS LAW REFORMWendy J. Johnson, Samuel E. Sears, Danie

ORGANIZING AND IMPLEMENTINGel J.Rice*I. IntroductionIn 2005, the Oregon Law Commission (Commission) agreed to complete a law reform project different in nature from any the Comm

ission had completed since forming in 1997? The Commission, a law reform organization funded by both the state of Oregon and Willamette University, ag ORGANIZING AND IMPLEMENTING

reed to review and recommend changes to Oregon’s government ethics laws? Like on the national level, ethics laws for public officials and lobbyists ha

ORGANIZING AND IMPLEMENTING

d been a complex and sometimes scandalous topic in Oregon. Several attempts to rewrite the ethics laws failed in the Oregon Legislative Assembly and i

RNO16S6205567.COC10/20/2022 10/20/20222007]GOVERNMENT ETHICS LAV/ REFORM143OREGON GOVERNMENT ETHICS LAW REFORMWendy J. Johnson, Samuel E. Sears, Danie

ORGANIZING AND IMPLEMENTINGnterest from both legislators and the public. Instead, the Commission had focused on improving areas of law that, while important to many different gr

oups and the state as a whole, did not typically generate headlines or result in extensive legislative debate? Nevertheless, the Commission■• Co-autho ORGANIZING AND IMPLEMENTING

red by Wendy J Johnson, Deputy Director and GeneralCounsel, Oregon Law Commission; Samuel Sears, Staff Attorney for the Oregon Law Commission; and Dan

ORGANIZING AND IMPLEMENTING

iel Rice, Law Clerk for the Oregon Law Commission. The authors extend special thanks to Legislative Counsel's office, particularly Ted Reutllnger, Chi

RNO16S6205567.COC10/20/2022 10/20/20222007]GOVERNMENT ETHICS LAV/ REFORM143OREGON GOVERNMENT ETHICS LAW REFORMWendy J. Johnson, Samuel E. Sears, Danie

ORGANIZING AND IMPLEMENTINGmpleted, nor would the journey have been as enjoyable’OR. Law COMM'N, Biennial Report Of THE OREGON LAW COMMISSION 2005-2007,1(2007) available at http

://www.willamette.edu/wucl/pdf/olc/2007report.pdf (describing Commission history).LPress Release, Oregon Department of Justice, Appointment of Members ORGANIZING AND IMPLEMENTING

and Advisors to the Oregon Law Commission Government Ethics Work Group, {Nov 3,2005) available athttp //WWW doj.state orus/reieases/2005/relll0705 sh

ORGANIZING AND IMPLEMENTING

tml.’ Id.. see also H B 3328, 72nd Leg . Reg Sess {Or 2003).•* Some examples of more typical Commission projects include rewriting the government borr

RNO16S6205567.COC10/20/2022 10/20/20222007]GOVERNMENT ETHICS LAV/ REFORM143OREGON GOVERNMENT ETHICS LAW REFORMWendy J. Johnson, Samuel E. Sears, Danie

ORGANIZING AND IMPLEMENTINGith the goal of developing formal recommendations for the 2007 legislative session. This Article explores the Commission’s efforts, the changes to eth

ics laws that ultimately emerged from the legislature, and unresolved issues created by the changes.After lengthy research, debate and drafting effort ORGANIZING AND IMPLEMENTING

s,5 the Commission produced ten separate bills on ethics reform for the 2007 legislature’s consideration.6 Rather than approving the Commission's bill

ORGANIZING AND IMPLEMENTING

s as introduced, however, the legislature chose to combine proposals from the Commission's bills with other ideas. The legislature used two bills. Sen

RNO16S6205567.COC10/20/2022 10/20/20222007]GOVERNMENT ETHICS LAV/ REFORM143OREGON GOVERNMENT ETHICS LAW REFORMWendy J. Johnson, Samuel E. Sears, Danie

ORGANIZING AND IMPLEMENTINGned them into law.9 While the bills incorporated many of the proposals suggested in the Commission's bills, SB 10 and HB 2595 differed from2007): rewr

iting the statute on the survival of civil actions, see H.B. 228* *1 72nd Leg , Reg Sess (Or. 2003), and rewriting eminent domain statutes, H.B 2273, ORGANIZING AND IMPLEMENTING

74th Leg , Reg Sess. (Or. 2003), For a more thorough description of the Commission's work, see David R Kenagy, The Oregon Lav/ Commission at Ten: Find

ORGANIZING AND IMPLEMENTING

ing Vision for the Future in the Funcions of the Past. 44 Wiu.tf

RNO16S6205567.COC10/20/2022 10/20/20222007]GOVERNMENT ETHICS LAV/ REFORM143OREGON GOVERNMENT ETHICS LAW REFORMWendy J. Johnson, Samuel E. Sears, Danie

ORGANIZING AND IMPLEMENTINGm); S B 496, 74th Leg., Reg Sess (Or. 2007) (addressing lobbying reporting requirements); SB 497' 74th Leg., Reg Sess. (Or 2007) (addressing public of

ficial reporting requirements), s B 498, 74th Leg., Reg Sess. (Or. 2007) (addressing individualized personal bias); H 8. 2594, 74th Leg , Reg Sess (Or ORGANIZING AND IMPLEMENTING

2007) (addressing subsequent employment), H.B. 2595, 74th Leg , Reg Sess. (Or 2007) (addressing Ethics Commission organization structure, rulemaking

ORGANIZING AND IMPLEMENTING

issues, advisory opinions, sanctions, funding and remedies); H 8. 2596, 74th Leg., Reg Sess. (Or. 2007) (addressing adjudication processes, training a

RNO16S6205567.COC10/20/2022 10/20/20222007]GOVERNMENT ETHICS LAV/ REFORM143OREGON GOVERNMENT ETHICS LAW REFORMWendy J. Johnson, Samuel E. Sears, Danie

ORGANIZING AND IMPLEMENTINGess. (Or. 2007) (addressing receipt of gifts, honoraria and financial gain).■ S.B. 10, 74th Leg., Reg Sess. (Or. 2007).•H 8. 2595, 74th Leg . Reg Sess

(Or 2007). H.B 2595 was originally a Commission proposal, but it was revised significantly by the time It passed to include many proposals from outsi ORGANIZING AND IMPLEMENTING

de the Commission.•Governor Ted Kulongoski signed H8 2595 and SB 10 into lav/ on July 31. 2007 Governor's Actions on 2007 Session, available at http:/

ORGANIZING AND IMPLEMENTING

/www governor.state or us/Gov/2007_ Legislative_Session,'Action/'action07.shtml.RNO166620 5 567.ŨŨC10/20,'2022 10/20/20222007 ] GOVERNMENT ETHICS LAV/

RNO16S6205567.COC10/20/2022 10/20/20222007]GOVERNMENT ETHICS LAV/ REFORM143OREGON GOVERNMENT ETHICS LAW REFORMWendy J. Johnson, Samuel E. Sears, Danie

ORGANIZING AND IMPLEMENTING's ethics laws. Therefore, the ethics reform package that emerged from the 2007 session was the product of legislative compromise, reflecting both Com

mission proposals as well as proposals from outside the Commission. This Article assesses the overall effort to overhaul Oregon's ethics laws by detai ORGANIZING AND IMPLEMENTING

ling the changes made during the 2007 session, discussing those areas that need further improvement or clarification and noting the challenges, both i

ORGANIZING AND IMPLEMENTING

n and out of court, that the new laws face.Following this introduction. Part II of this Article provides background on Oregon's ethics laws and the co

RNO16S6205567.COC10/20/2022 10/20/20222007]GOVERNMENT ETHICS LAV/ REFORM143OREGON GOVERNMENT ETHICS LAW REFORMWendy J. Johnson, Samuel E. Sears, Danie

ORGANIZING AND IMPLEMENTINGmendations addressed and describes how the legislature ultimately chose to address those areas through SB 10 and HB 2595. Part IV analyzes areas of th

e new ethics laws that could benefit from further legislation or state agency rulemaking to resolve ambiguities, correct mistakes and address issues l ORGANIZING AND IMPLEMENTING

ikely to arise as public officials adjust to the new laws. Part V analyzes arguments that parts of the new laws violate the Oregon Constitution. Final

ORGANIZING AND IMPLEMENTING

ly, Part VI concludes by measuring the overall success of the Commission's participation in the arduous and oftentimes politically sensitive task of r

RNO16S6205567.COC10/20/2022 10/20/20222007]GOVERNMENT ETHICS LAV/ REFORM143OREGON GOVERNMENT ETHICS LAW REFORMWendy J. Johnson, Samuel E. Sears, Danie

ORGANIZING AND IMPLEMENTINGethics laws in the country, regulating all state and local elected and appointed government officials, government employees, officers and volunteers a

nd place enforcement authority for these laws under one state agency: the Oregon Government Ethics Commission (Ethics Commission).10 Oregon, like“.See ORGANIZING AND IMPLEMENTING

Ok. Ri-v. Siai. § 244.020(15) (2005) (defining "public official" as "any person who, when an alleged violation of this chapter occurs, is serving the

ORGANIZING AND IMPLEMENTING

RNO1666205567.COC

RNO16S6205567.COC10/20/2022 10/20/20222007]GOVERNMENT ETHICS LAV/ REFORM143OREGON GOVERNMENT ETHICS LAW REFORMWendy J. Johnson, Samuel E. Sears, Danie

RNO16S6205567.COC10/20/2022 10/20/20222007]GOVERNMENT ETHICS LAV/ REFORM143OREGON GOVERNMENT ETHICS LAW REFORMWendy J. Johnson, Samuel E. Sears, Danie

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