Complaints
The Oregon Government Ethics Commission (OGEC) has jurisdiction over Oregon Government Ethics, Lobby, and Public Meetings Law. When OGEC receives a complaint, the Executive Director first reviews if it alleges a violation of one of those laws. It's important to note that the use of "OGEC" refers to the agency while the use of "the Commission" refers to the agency's governing body.
If the complaint is not within OGEC's jurisdiction, a case will not be opened. The Executive Director will send a letter to the person who submitted the complaint. It will explain why the Commission cannot take action on the matter.
If the complaint falls within OGEC's jurisdiction, a case will be opened. Staff will notify the person the complaint was filed against within two days and provide copies of the complaint materials.
About 90% of the cases reviewed by the Commission come from complaints made by the public. Other cases initiated by the Commission are a result of information obtained from sources such as government agencies or media coverage.
Submit a Complaint
OGEC can provide guidance if you have questions prior to submitting a complaint. Staff cannot give advice on past events but can help determine if a situation is within the agency's jurisdiction. Please call (503) 378-5105 to ask to speak with investigative staff.
Case Process
When a complaint within OGEC's jurisdiction is received, a case is opened. The process is broken into specific phases, outlined below:
When the Commission opens a case, it begins in the preliminary review phase.
A preliminary review must be completed within 60 days (135 days for Lobby Law) of the complaint being filed or the case being opened by motion of the Commission. The aim of this phase is to determine if there is cause to conduct an investigation. "Cause" is defined by statute as "...a substantial objective basis for believing that an offense or violation may have been committed and the person who is the subject of an inquiry may have committed the offense or violation."
OGEC is required by law to conduct preliminary reviews confidentially. The Commission and staff can make no public disclosure or comment beyond acknowledging that a complaint was received. This confidentiality requirement only applies to OGEC personnel. The ability of any other persons to publicly comment about a matter is not affected.
A staff report, including a recommendation to dismiss or move to investigation, is prepared at the end of preliminary review to be considered by the Commission at its next executive session. An executive session is a closed meeting and will not appear on the public agenda. About one week before the meeting, OGEC staff sends a copy of the report to the person the complaint was filed against. That person (and their attorney) may attend the Commission's executive session.
If the Commission does not find cause to investigate, the matter will be dismissed. If cause is found, the case is moved to investigation. In either instance, all information will be made available to the public after the preliminary review is concluded, unless it is exempt from public disclosure by statute. The person who filed the complaint will also receive a copy of the staff report.
If the Commission finds cause to pursue the case at the end of the preliminary review phase, the investigative phase will begin. The Commission has 180 days to investigate. During this time Commission staff may seek additional information and issue subpoenas for documents and oral testimony.
A staff report is prepared at the end of the investigation phase. This report will be considered by the Commission in a regular public meeting. Both the person who complained and the person the complaint is against will be sent copies of the report about one week prior to the meeting. At the meeting, the Commission may:
- Dismiss the case,
- Continue the investigation for no more than 30 days,
- Find that Oregon Government Ethics, Lobby, or Public Meetings Law was violated,
- Seek a negotiated settlement, or
- Take other appropriate action if justified.
If the Commission finds a violation, the case will be moved to the contested case stage. If not, the case will be dismissed. The Commission is the only entity that can decide if a violation has occurred.
The Commission may move a case to a contested case hearing if it finds that a violation occurred. OGEC staff will provide the person the complaint was filed against with information on how to request a contested case hearing. In most cases, OGEC staff will also draft a proposed stipulated final order to settle the case.
The person may choose to settle the case by signing the stipulated final order and following its terms, rather than proceed to a contested case hearing. They may also elect to move the case to Marion County Circuit Court.
A contested case hearing is less formal than a court proceeding. The assistant attorney general assigned to OGEC presents evidence to the administrative law judge on behalf of the Commission. The opposing party (or attorney) makes a presentation responding to OGEC's case. Both sides then make closing statements. The administrative law judge reviews the evidence submitted at the hearing and prepares a proposed final order.
The Commission may accept, change, or reject the proposed order in making a final order.
A person wishing to appeal a final order may petition the Oregon Court of Appeals for judicial review.
Frequently Asked Questions about Complaints
You may want to contact OGEC first to discuss your concerns with staff to determine if it falls within the agency's jurisdiction. Please be aware that your complaint will not be anonymous. The subject of a complaint is provided a copy of the complaint in is entirety, including the name of the person filing the complaint.
If you do file a complaint, please be specific. Explain exactly what actions were taken, or exactly what occurred, that you believe violated the law. The initial review period is short. So, the Commission usually cannot expand it to include matters not initially listed in the complaint.
As much as possible, provide dates (or a timeframe) during which the alleged violation occurred. OGEC can only open a preliminary review if the allegations of conduct occurred within the last four years.
When possible, also provide documentation. For example, a complaint alleges a failure to declare a conflict of interest. It helps if the complaint includes meeting minutes that record the discussion prior to the vote in question.
Due to the short time period for preliminary review, OGEC may not have time to acquire additional records. The Commission's decision will center on whether there is enough evidence to move the complaint forward to investigation. This may be based in large part on the documentation you provide.
There are mandatory prerequisites for submitting Public Meetings Law complaints to OGEC. These prerequisites also apply to executive session complaints. If you fail to satisfy the mandatory prerequisites before filing your complaint with OGEC, your complaint will be dismissed.
If you believe a Public Meetings Law violation has occurred:
- You must submit a written grievance to the public body at issue. The public body may identify on its website the person to whom the grievance should be submitted. The grievance must be submitted within 30 calendar days of the alleged violation occurring and must include:
- The date of submission.
- The name and contact information of the person filing the grievance.
- The date of the meeting when the alleged violation occurred.
- A description of the facts and circumstances of the alleged violation.
- You must give the public body up to 21 days to respond to your written grievance. The public body's written response should acknowledge receipt of the grievance and address it in one of the following ways:
- Deny the facts and circumstances alleged in the grievance. Provide the public body's version of events and why those facts are not a violation of the law.
- Admit to the facts and circumstances alleged in the grievance, but deny that they are a violation of the law.
- Admit to the facts and circumstances alleged in the grievance and that they are a violation of the law. Explain the steps the governing body will take to address the violation.
- You can submit a complaint to OGEC only after steps 1 and 2 are completed. When you submit your complaint, you must include proof that you satisfied the mandatory prerequisites. Proof includes documentation of your written grievance and the public body's response. If they did not respond within 21 days, proof may include affirmation of the public body's non-response.
If you fail to complete these steps before filing your complaint with OGEC, your complaint will be dismissed.
No, OGEC does not accept anonymous complaints as complaints must be signed. The subject of a complaint is provided a copy of the complaint in its entirety. That includes the name of the person filing the complaint, their contact information, and any materials provided with the complaint.
During the preliminary review phase, OGEC is required to maintain strict confidentiality. The Commission or staff may only provide an acknowledgement of whether or not OGEC has received a complaint naming a particular person. The person filing the complaint and the subject of the complaint are not required to maintain confidentiality. They may divulge any information they wish to share.
The decision to move beyond the preliminary review phase is conducted in executive session. An executive session is a closed meeting and will not appear on the public agenda. At the end of the preliminary review, the Commission makes all information available to the public. This is subject to any public record exemptions.
Cases in the investigation phase are discussed by the Commission during public meetings and appear on the public agenda.
Yes, OGEC encourages settlement once a case moves to investigation. About 99% of cases that are not dismissed prior to the contested case hearing phase are resolved by negotiated agreement in a stipulated final order.
A stipulated final order generally contains agreed upon facts and terms of the settlement. The settlement may require payment of a penalty as part of the order. When payment is required, the amount is usually smaller than it would be after a contested case hearing.