ORGANIZING AND IMPLEMENTING
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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 Commission 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 IMPLEMENTINGreed to review and recommend changes to Oregon’s government ethics laws? Like on the national level, ethics laws for public officials and lobbyists haORGANIZING 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 iRNO16S6205567.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 groups and the state as a whole, did not typically generate headlines or result in extensive legislative debate? Nevertheless, the Commission■• Co-autho ORGANIZING AND IMPLEMENTINGred by Wendy J Johnson, Deputy Director and GeneralCounsel, Oregon Law Commission; Samuel Sears, Staff Attorney for the Oregon Law Commission; and DanORGANIZING AND IMPLEMENTING
iel Rice, Law Clerk for the Oregon Law Commission. The authors extend special thanks to Legislative Counsel's office, particularly Ted Reutllnger, ChiRNO16S6205567.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 shORGANIZING 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 borrRNO16S6205567.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 ethics laws that ultimately emerged from the legislature, and unresolved issues created by the changes.After lengthy research, debate and drafting effort ORGANIZING AND IMPLEMENTINGs,5 the Commission produced ten separate bills on ethics reform for the 2007 legislature’s consideration.6 Rather than approving the Commission's billORGANIZING 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. SenRNO16S6205567.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): rewriting 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 IMPLEMENTING74th 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: FindORGANIZING AND IMPLEMENTING
ing Vision for the Future in the Funcions of the Past. 44 Wiu.tfORGANIZING AND IMPLEMENTING
issues, advisory opinions, sanctions, funding and remedies); H 8. 2596, 74th Leg., Reg Sess. (Or. 2007) (addressing adjudication processes, training aRNO16S6205567.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 IMPLEMENTINGde 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 Commission 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 IMPLEMENTINGling the changes made during the 2007 session, discussing those areas that need further improvement or clarification and noting the challenges, both iORGANIZING 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 coRNO16S6205567.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 the new ethics laws that could benefit from further legislation or state agency rulemaking to resolve ambiguities, correct mistakes and address issues l ORGANIZING AND IMPLEMENTINGikely to arise as public officials adjust to the new laws. Part V analyzes arguments that parts of the new laws violate the Oregon Constitution. FinalORGANIZING 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 rRNO16S6205567.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 and 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 theORGANIZING AND IMPLEMENTING
RNO1666205567.COCRNO16S6205567.COC10/20/2022 10/20/20222007]GOVERNMENT ETHICS LAV/ REFORM143OREGON GOVERNMENT ETHICS LAW REFORMWendy J. Johnson, Samuel E. Sears, DanieRNO16S6205567.COC10/20/2022 10/20/20222007]GOVERNMENT ETHICS LAV/ REFORM143OREGON GOVERNMENT ETHICS LAW REFORMWendy J. Johnson, Samuel E. Sears, DanieGọi ngay
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