MEASURE NO. 24-78

City of Salem

Explanatory Statement:

The measure would add a section to the city charter concerning family or business relationships with, or campaign contributions or gifts to, elected or appointed city officials who participate in decisions made at public hearings. If such a decision would be likely to result in a financial benefit to any person or entity, the official would be required to disclose at the beginning of the hearing:

1. Any business relationships in the last four years, or family relationships, with persons or entities, or their representatives, who participate in the decision-making process.

2. Any direct or indirect campaign contributions or gifts that:

a. Are from persons or entities, or their representatives, who participate in the decision-making process; and

b. Total $501 or more during the preceding two years, for the mayor, or four years, for other officials; and

c. Are known or should have been known to the official.

All persons and entities participating in the decision-making process would be required to disclose such matters.

An official required to make such disclosure could not participate in the decision if the matters required to be disclosed would create the appearance of bias or impropriety in the mind of a reasonable person. However, if the official’s action were absolutely necessary to render an effective decision, the official would be required to participate after disclosure. In addition, unless participation were prohibited by state statutes on Government Standards and Practices or the city code on ethics, the official could participate if all persons participating in the proceeding waived objection.

When a reasonable person would conclude that campaign contributions were made or disclosed or waivers were granted or withheld to manipulate the composition of the voting members of a decision-making body, the decision-makers would be required to participate or abstain from participation as necessary to achieve the purpose of public confidence in high ethical standards for government officials.

If a reviewing court, agency, board or commission determined that a decision violated the measure’s requirements, the reviewing body should rule that the parties’ substantial rights are prejudiced.

“Family relationship” would mean the relationship between an official and the official’s spouse, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, cousin, stepparent, stepchild, grandparent or grandchild.

“Representative” would mean a person who represents a person or entity, who or which participates in the decision-making process, including, but not limited to, an attorney, planning consultant, expert witness, or employee.

“Business relationship” would include employer, employee, partnerships, contractor, lessor, lessee, current and prospective parties to contracts and professional representation or acting as another’s agent or any other business relationship which a reasonable person would conclude raises ethical concerns under the measure.

“Gift” would be defined as in ORS 244.020(8), excluding the exceptions in that statute. “Gift” would not include voluntary work not required to be reported under laws on contributions and expenditure reports.

Submitted By:

Salem City Council