OAR 199-001-0010: Definitions, Commission Meetings and Procedures

(1) Definitions as used in this rule: (a) “Commission” means Oregon Government Ethics Commission; (b) “Commissioner” means a duly appointed member of the Oregon Government Ethics Commission; (c) “Director” means the Executive Director appointed by the Commission pursuant to ORS 244.310 or a person designated by the Executive Director to carry out specific tasks; (d) “Public Official” has the meaning given that term in ORS 244.020. (e) “Staff” means the Executive Director and all other persons employed by the Commission. (2) The Commission shall be governed by the statutes of the State of Oregon, these rules and the Attorney General's Model Rules of Procedure adopted under OAR 199-001-0005. (3) The Commission has adopted the following rules of procedure: (a) A quorum consists of five Commissioners. No decision may be made without an affirmative vote of five members. In the absence of a quorum, Commissioners present may meet to discuss any matter before the Commission, but no action shall be taken. (b) The Commission shall vote by roll call vote on any action taken to initiate or conclude preliminary review or investigative phases, adopt any final order, or adopt an advisory opinion. (c) The Commission may utilize a consent calendar for action on agenda items when appropriate. In preparation of the consent calendar, the Director shall group together as separate categories preliminary reviews, dismissal of a case at conclusion of investigation, stipulated final orders, and default final orders on the agenda. The Director shall also submit a recommended action for each item. Any Commissioner may request of the chair to have a matter removed from the consent calendar and considered separately. All consent calendar items not removed as such, shall be disposed of upon the motion of any Commissioner and a roll call vote. (d) The Commission will use the following processes in making decisions: (A) Consensus to approve meeting minutes; (B) Voice vote of a quorum of Commissioners in all other matters. (e) A motion does not require a second. (f) Annually, at the last regular meeting of the Commission before January 1, the Commission shall select from its members a Chair and a Vice-Chair who shall serve until their successors are selected and qualified. The Chair or Vice-Chair may resign as such or may be removed from that position by vote of five Commissioners. If the Chair or Vice-Chair resign the position, is removed, or ceases to be a Commissioner, the position shall be vacant and a successor shall be selected at the next regular meeting of the Commission. (g) The Chair shall preside over all meetings of the Commission. Except for final orders and advisory opinions, the Director may execute all documents that are executed in the name of the Commission. Only the Chair shall execute final orders and advisory opinions in the name of the Commission. (h) The Vice-Chair shall act in lieu of the Chair when the Chair is absent, unable to perform the duties of the office of Chair or while the office is vacant. (i) The Director shall serve as Secretary to the Commission. (j) Where permitted by law and conforming to the requirement of the Public Meetings Law, ORS 192.670, the Commission may meet by means of a telephone or electronic conference. (k) The Director, in consultation with the Chair, shall set the agenda and cause all notices of time and place of the meeting of the Commission to be given. Commissioners may request items to be placed on the agenda prior to its being distributed. (l) All meetings of the Commission shall be open to the public unless otherwise permitted or required by statute. (m) The agenda of meetings of the Commission shall set forth all matters expected to come before the Commission. The Agenda shall contain items in the following order: (A) Minutes of previous meetings; (B) A consent calendar composed of reports of investigation with dismissal recommended by staff, stipulated final orders and final orders by default; (C) Adoption of contested case final orders, including those which impose a civil penalty or financial forfeiture; (D) Reports of investigation with preliminary finding of violation recommended by staff; (E) Adopt advisory opinions pursuant to ORS 171.776 and 244.280; (F) Presentation of correspondence, publications, or any issue introduced by the Chair related to the Commission and its duties. (n) Exercising the authority provided by ORS 192.660 and 244.260, the Commission may meet in executive session. (o) In action on any agenda item, the Commission may dismiss any proceeding or rescind any motion. (p) The Chair shall be responsible for order and decorum at all meetings of the Commission. (q) The Chair may suspend or bar from further participation any person who engages in conduct which intentionally delays or disrupts commission proceedings. (r) Parties may appear in person or be represented by attorneys who are active members of the Oregon State Bar. Others may appear before the Commission on behalf of a party with the permission of the Chair. (s) The Chair may, at the Chair’s discretion, change the order of an agenda in order to accommodate parties appearing before the Commission or for other cause shown. (t) Commissioners will be advised in writing by the Director or staff of the issues, perceived facts, and arguments during the preliminary review phase. An oral statement from the public official or other respondent will be permitted at the discretion of the Chair when the Commissioners are considering any matter during this phase. The Chair will determine the duration of any oral statement permitted. (u) Oral statements by the affected public official or any other respondent, their representative or Staff may be permitted by the Chair at any consideration of a motion to move to a contested case, approval of a stipulated disposition of a matter or the adoption of any final order. (v) The Director shall maintain complete files of all documents submitted in any matter and shall summarize for the Commissioners in an impartial and objective manner all relevant favorable and unfavorable material collected and all documents filed in the Commission's office on any matter before the Commission. At the request of any respondent or complainant any written material submitted to the Director in a timely manner will be reviewed and if the Director determines the information is relevant the material may be provided to each Commissioner for consideration. A document shall be considered filed in a timely manner if submitted in a form permitting it to be copied no less than eight business days before any meeting of the Commission in which the subject matter of the document will be an item on the agenda. (w) Ex-parte communications with Commissioners by persons other than the staff are not permitted. Documents must be submitted to the Commission through the Director. Oral and written communications to Commissioners concerning matters pending before the Commission other than during the course of formal Commission proceedings, are ex-parte communications. Commissioners shall disclose, at a public meeting, any ex-parte communications concerning a matter prior to its consideration by the Commissioners. (x) A subpoena authorized by ORS 244.260(6)(b) may be issued by the Chair, Vice-Chair, or Director: (A) The subpoena may require a person to testify and produce information concerning a matter which is not privileged and which is relevant to an investigation of the Commission including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things, and the identity and location of persons having knowledge of any discoverable matter. It is not grounds for objection that the information sought will be inadmissible at a hearing pursuant to ORS 183.413 et seq. if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. (B) Upon motion by the person subpoenaed, and for good cause shown, the Commission may make any order that justice requires to protect the person subpoenaed from annoyance, embarrassment, oppression or undue burden or expense, including one or more of the following: (i) That the inquiry not be had; (ii) That the inquiry may be had only on specified terms and conditions, including a designation of the time or place; (iii) That certain matters not be inquired into, or that the scope of the inquiry be limited to certain matters; (iv) That the inquiry be conducted with no one present except persons designated by the Commission; or (v) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way. (C) A motion for a protective order under this subsection shall be in writing filed with the Director and heard by the Chair, or in the absence of the Chair, the Vice-Chair, within three business days of the date filed. If the motion for a protective order is denied in whole or in part by the Chair or Vice-Chair, the person making the motion may within three business days thereafter request that the full Commission hear and decide the motion which shall occur within ten business days.