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. . l~-e~~-iyy ~ dt =~4rri rKUri LrS~ ~tl 151~.~5t3~1~~1~'~ P_ 1~3 <br />~ <br />' " - <br />December 2, 1997 <br />i Page 2 <br />' presen~ Thexe is no evideaace to suggest that the Legislature considered "salary" to ex;,lude <br />merit pay, a bonus, differcntials or prcmiums which aze paid over azid above base saiary to <br />, maz~y tzaasit and other public sector empIQyees by their public employers. The Iegislative <br />history tends to support this interprexation How~cver, I have o~o~ly comsu~,ted and compared <br />1969 Oregon Laws Chapter 643, thc original casbling authorizaxion for mass transit districts, <br />' and a subsequern ame~ndment found at 1971 Oregon Laws Cha.pter 23. 'UYhea originally <br />adopted, ORS Chapter 267 applied only to Tn-Met updn its transition from Rose C~~y <br />Tra~,sit, Section 13 of the original Otganic Acl provided: <br />, K <br />(1) No officer or employee of a district shall become financially interested, <br />e except by testate or intestate su~cessian, either directly or indirectly, i.ra <br />any confra,d, sale, purc,hase, lease or transfer of real er personal <br />property to which the distrtct is a party. However, no officer or <br />' employee is considercd to be financially inte,rESted by virtue of h,i.s <br />ownership of less than 3% of the outstanding capital stock of a <br />_ corporation. <br />' (2) No officer or empioyee of the distrid shall offer, soticit or accept <br />money or any other thing of value as a consideratio~ in addition to the <br />,~ , salary paid tum by the disuia, £or sezvices par~ormed withis~ tb~e scope <br />of his official dufics." <br />f In 1971, the legislature amended ORS 267.130 by deletiuo4g tbe fiurst pa~~agzaph, While the <br />legis~ative iuate~o~t caul~ be more clearly discovcrod by looldn,g at the records of the Legislative <br />Assembiy, time does not pezmitt tt~as additional resea.rch and a prompt reply to your inquiry. <br />' We believe t~at the legislature may have sought to prohab~t coasultiw,g, self dealing and other <br />special relati~oa~sbaps betwcen Rose City employees who became Tri~V1et employees and <br />' former Rost City vendors or affiliates, and thai the ~tst parag~taph became irrelevant after <br />Tri-Met's forn~ation. <br />~ I hope the foxegoin,g addr~sses your concerns. In summaiy, w~e do not bel~eve tb~at statute <br />was vialated by this payment. <br />~ y~ , <br />. <br />` <br />~ c. ~ B~~ <br />~ poRTt.nxD:2osas wi <br />~ <br />