(2) Not later than 30 days after the date the executive director receives the written request for a staff advisory opinion, the executive director shall issue either the opinion or a written denial of the request. The written denial shall explain the reasons for the denial. The executive director may ask the person requesting the advisory opinion to supply additional information the executive director considers necessary to render the opinion. The executive director may extend the 30-day deadline by one period not to exceed 30 days. The executive director shall clearly designate an opinion issued under this section as a staff advisory opinion.
(3)(a) Except as provided in paragraph (b) of this subsection, unless the staff advisory opinion is revised or revoked, the commission may only issue a written letter of reprimand, explanation or education for any good faith action a person takes in reliance on a staff advisory opinion issued under this section.
(b) The commission may impose, for an action that is subject to a penalty and that is taken in reliance on a staff advisory opinion issued under this section, a penalty under ORS 244.350 or 244.360 on the person who requested the opinion if the commission determines that the person omitted or misstated material facts in making the request.
(4) At each regular meeting of the commission, the executive director shall report to the commission on all staff advisory opinions issued since the last regular meeting of the commission. The commission on its own motion may issue a commission advisory opinion under ORS 244.280 on the same facts or circumstances that form the basis for any staff advisory opinion. [2007 c.865 §14; 2007 c.877 §39c; 2009 c.68 §12; 2021 c.264 §2]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 244 - Government Ethics
Section 244.020 - Definitions.
Section 244.047 - Financial interest in public contract.
Section 244.050 - Persons required to file statement of economic interest; filing deadline.
Section 244.055 - Additional reporting requirements for State Treasury; review; confidentiality.
Section 244.060 - Form of statement of economic interest; contents.
Section 244.070 - Additional statement of economic interest.
Section 244.090 - Report on association with compensated lobbyist.
Section 244.100 - Statements of expenses or honoraria provided to public official.
Section 244.110 - Statements subject to penalty for false swearing.
Section 244.115 - Filing required for member of Congress or candidate; filing date.
Section 244.130 - Recording of notice of conflict; effect of failure to disclose conflict.
Section 244.162 - Information provided to persons required to file statement of economic interest.
Section 244.175 - Definitions for ORS 244.177 and 244.179.
Section 244.177 - Employment of relative or member of household; exceptions.
Section 244.179 - Supervision of relative or member of household; exceptions.
Section 244.205 - Legal expense trust fund; establishment; eligible legal expenses.
Section 244.207 - Use of fund proceeds.
Section 244.209 - Application to establish fund; commission review and authorization.
Section 244.211 - Duties of trustee.
Section 244.213 - Contributions to fund.
Section 244.215 - Fund account.
Section 244.217 - Statement of contributions received and expenditures made.
Section 244.218 - Quarterly filing of statements.
Section 244.219 - Termination of fund.
Section 244.255 - Commission funding; rules.
Section 244.270 - Findings as grounds for removal; notice to public bodies.
Section 244.280 - Commission advisory opinions; effect of reliance on opinion.
Section 244.282 - Executive director and staff advisory opinions; effect of reliance on opinion.
Section 244.284 - Staff advice; effect of reliance on advice.
Section 244.290 - General duties of commission; rules.
Section 244.300 - Status of records.
Section 244.310 - Executive director.
Section 244.320 - Manual on government ethics; effect of reliance on manual; revision.
Section 244.330 - Distribution of manual on government ethics.
Section 244.350 - Civil penalties; letter of reprimand or explanation.
Section 244.370 - Civil penalty procedure; disposition of penalties.
Section 244.390 - Status of penalties and sanctions; consideration of other penalties imposed.
Section 244.400 - Possibility of attorney fees for person prevailing in contested case.