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Volume 4, Issue 4 - Fall 2023 |
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Per ORS 244.020(8), an honorarium is:
(a) a payment or something of economic value (plaque, gift card, flowers, money, etc.)
(b) given to a public official in exchange for services (speech, presentation, interview, etc.)
(c) where payment is not legally or traditionally expected (custom or propriety prevents setting a price).
If someone offers me an honorarium, can I accept it? Identifying what qualifies as an honorarium is only the first step. Next, you need to know whether you can accept an honorarium or not.
ORS 244.042 provides that a public official may not solicit or receive an honorarium (for themselves or their household members) in connection with their official duties. There are two exceptions:
(a) the honorarium is valued at $50 or less; or
(b) the honorarium is for services performed in relation to the official’s (or candidate’s) private profession, occupation, avocation, or expertise.
So a public official can only accept an honorarium for services (speech, presentation, etc.) provided in connection with their public position if the honorarium is valued at $50 or less. If the services provided relate to their private profession, expertise, etc., and not to their public position, they can accept an honorarium of any value. For example, a physician who serves on a local school board can receive an honorarium of any value for participating on a panel of doctors speaking at a medical convention.
Note: Certain public officials – namely, the Governor, First Partner, Secretary of State, State Treasurer, Attorney General, and BOLI Commissioner – are prohibited from accepting an honorarium for giving a speech or presentation. They may accept food, beverage, travel or lodging expenses in connection with the speech or presentation, so long as those items/expenses are otherwise authorized under ORS Chapter 244.
Are there any reporting requirements? There are. If the value of the honorarium exceeds $15, then ORS 244.100 requires the person/entity offering the honorarium to provide the public official with a written notice of the value of the honorarium within 10 days after the event (speech, presentation, etc.).
Also, if the public official holds a position where they are required to file an annual Statement of Economic Interest (SEI), then the public official will need to report the honorarium on their SEI, identifying the provider of the honorarium and the date/time of the event for which it was received.
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Now that we've gone over what qualifies as an honorarium and whether or not you can accept it, let's put that knowledge to the test. We've outlined three different scenarios below. Select whether you think each is an honorarium or not an honorarium:
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A County Commissioner sits down for an interview with a local news station. Several days later, the Commissioner receives a thank you letter, containing a gift card to a local coffee shop. |
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A vendor is so impressed with an agency project manager that they ask her to make presentations throughout the country. The contract the project manager signs with the vendor provides that she will be paid $1,500 per presentation. |
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Teachers at a high school volunteer to serve as judges for a state-wide debate tournament held at their school over the weekend. At the end of the tournament, the organizers present each judge with flowers in a crystal vase. |
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 'Tis the Season for Gifts
During the holiday season, it can be challenging for public officials to figure out if they are allowed to accept a gift. Yet, it is our individual responsibility to know what gifts we can and cannot accept. Let's answer a few questions regarding gifts during the holidays.
Do I need to worry about gifts from my family members? First, you can accept gifts from your relatives and household members. [ORS 244.020(7)(b)(B)]. Remember, though, that not all family members count as relatives, as defined in ORS 244.020(16).
What if I'm invited to a holiday event in my official role? You may be able to accept food or beverages at a reception. [ORS 244.020(7)(b)(E) or (L)].
What if I'm given a gift as a business owner? You can also accept gifts as part of the usual and customary practice of your private business so long as the gifts bear no relationship to your holding the office or position. [ORS 244.020(7)(b)(O)].
If none of the gift exceptions apply, then you will want to consider whether you are permitted to accept the gift under ORS 244.025. The gift clause flowchart can help you navigate that decision. And you can always give us a call at 503-378-5105.
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Please note, while OGEC has been given authority to enforce Public Meetings Law, and we will begin providing trainings on Public Meetings Law in January, OGEC does not currently have authority to provide advice on Public Meetings Law. If this changes, we will let you know. Please make sure your subscription includes notifications about Public Meetings Law to receive updates.
This does not change OGEC's authority to provide advice on executive session questions; please continue to contact our team with any requests for advice here.
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OGEC now holds jurisdiction over the Public Meetings Law (PML) complaints. To learn more about the process or submit a complaint, click the PML Complaints button.
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The Oregon Government Ethics Commission (OGEC) measures its performance each year through an Annual Performance Progress Report. This progress report consists of legislatively approved Key Performance Measures, also known as KPMs.
OGEC recently released its 2023 Annual Report, highlighting performance in six areas:
- Statutory time limit
- Investigation quality
- Training program's effectiveness
- Minimization of case disposition costs
- Customer service
- Governance best practices
Read more about how these KPMs are measured here:
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Our newest Commissioner, Channa Newell, joined the Commission in October.
To celebrate her arrival, and the fact that all nine seats of the Commission are filled, we asked her a few questions to get to know her a bit more. Here's what she had to say:
Tell us a little about yourself and your background.
I am a 2010 graduate of the University of Oregon School of Law after receiving a B.S. in Zoology from Oregon State University. I spent 10 years working as nonpartisan staff in the Oregon Legislature and have been a prosecutor in the Multnomah County District Attorney's Office since 2021. I live in Portland, Oregon with my husband and three kids.
What inspired you to apply to be a member of the Oregon Government Ethics Commission?
I have always had a deep love for Oregon and a passion for public service. I'm honored to be a part of a group of people reviewing and applying the laws that hold public officials accountable for the authority entrusted to them.
What aspect of the Commission are you most looking forward to?
Working with Staff and other Commissioners on thorny analysis and applications of the law.
Commissioner Newell has been a great addition to the Commission and we appreciate having her expertise and viewpoint at each meeting!
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The OGEC team has grown exponentially this quarter, adding five new employees and recently entering the interview phase for a sixth. Take a look at the new Investigators and Trainers that have joined:
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Andrew enjoys novelty socks and pickleball. After working as an Adjudicator in Employment, he's excited to join OGEC. |
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Daniel is passionate about finding ways to connect with the public. He's joining the Investigation team after working as a Bilingual Case Manager. |
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 Lex loves hobbies, from paper crafts to circus arts. She's joining the Training team after working in marketing and analytics.
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Chris is an avid musician and tech fan. After working as a Quality Manager for a non-profit, he's excited to join OGEC.
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 Ruth knits herself a new hat every winter. She's joining as a Trainer after working as an Engineering Project Assistant.
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OGEC takes Diversity, Equity, and Inclusion (DEI) seriously and would like to hear the community’s input.
We are in the process of putting together our DEI plan and would like to hear what Oregon’s citizens would like to see from the Oregon Government Ethics Commission.
OGEC is also in the process of updating the Strategic Plan and crafting goals for the future of the agency. Again, we would love to hear from you, the community.
Please feel free to email Becky Maison, the Agency Programs Administrator, at becky.maison@ogec.oregon.gov with your helpful thoughts and suggestions.
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The process for selecting the Commission's new Executive Director continues.
The application window closed in November and all qualified individuals have moved into the video interview part of the process. After video interviews, the Commission will begin an in-depth interview process with all finalists.
There will be a special meeting for the Executive Director recruitment process on Friday, December 8th at 8:00 am.
All meeting information and materials can be found on the OGEC website. Make sure you are subscribed to the Commission Meetings Updates topic to receive updates about future meetings.
Look out for the next edition of Ethics Matters to learn more about the new Executive Director!
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Are you interested in government transparency? There are periodically Commission positions open and applications are kept on file for two years. Meetings occur about every six weeks. Information on previous and upcoming Commission meetings can be found on on our Meetings webpage.
No more than three of the members of the Commission may be from the same political party. Please make sure to state your political affiliation in your application.
For more information and to submit your application, please see the position description on Workday.
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Upcoming Commission Meetings
• December 8, 2023
• January 5, 2024
• February 9, 2024
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