HB 4177

83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session
  Enrolled
  House Bill 4177
Sponsored by COMMITTEE ON RULES (at the request of Representative Nathan Sosa)
  CHAPTER .................................................
  AN ACT
Relating to public meetings; creating new provisions; amending ORS 192.610, 192.630, 192.640,
    192.650, 192.670, 192.685, 192.690, 192.700, 192.705, 244.260 and 244.350; and prescribing an ef-
    fective date.
Be It Enacted by the People of the State of Oregon:
     SECTION 1. ORS 192.610 is amended to read:
     192.610. As used in ORS 192.610 to 192.705:
     (1) “Convening” means:
     (a) Gathering in a physical location; or
     (b) Using electronic, video or telephonic technology to be able to communicate
contemporaneously among participants[;].
     [(c) Using serial electronic written communication among participants; or]
     [(d) Using an intermediary to communicate among participants.]
     (2) “Decision” means any determination, action, vote or final disposition upon a motion, pro-
posal, resolution, order, ordinance or measure on which a vote of a governing body is required, at
any meeting at which a quorum is present.
     (3) “Deliberation” means discussion or communication [that is part of a decision-making
process] in which the members of a governing body examine, weigh or reflect upon the rea-
sons for or against a decision that is subject to the jurisdiction of the governing body.
     (4) “Executive session” means any meeting or part of a meeting of a governing body that is
closed to certain persons for deliberation on certain matters.
     (5) “Governing body” means the members of any public body that consists of two or more
members, with the authority to make decisions for or recommendations to a public body on policy
or administration.
     (6)(a) “Meeting” means the convening of a governing body of a public body for which a quorum
is required in order to make a decision or to deliberate toward a decision on any matter.
     (b) “Meeting” does not include any on-site inspection of any project or program or the attend-
ance of members of a governing body at any national, regional or state association to which the
public body or the members belong.
     (7) “Public body” means the state, any regional council, county, city or district, or any munici-
pal or public corporation, or any board, department, commission, council, bureau, committee or
subcommittee or advisory group or any other agency thereof.
     SECTION 2. ORS 192.630 is amended to read:
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     192.630. (1) All meetings of the governing body of a public body shall be open to the public and
all persons shall be permitted to attend any meeting except as otherwise provided by ORS 192.610
to 192.705.
     (2) A quorum of a governing body may not meet in private or use a series of communications
of any kind, either directly or through intermediaries, for the purpose of:
     (a) Deciding on or deliberating toward a decision on any matter except as otherwise provided
by ORS 192.610 to 192.705; or
     (b) Circumventing the requirements of subsection (1) of this section.
     (3) A [governing body may not] public body may not permit a governing body to hold a
meeting at any place where discrimination on the basis of race, color, creed, sex, sexual orientation,
gender identity, national origin, age or disability is practiced. However, the fact that organizations
with restricted membership hold meetings at the place does not restrict its use by a public body if
use of the place by a restricted membership organization is not the primary purpose of the place
or its predominant use.
     (4)(a) Meetings of the governing body of a public body shall be held:
     (A) Within the geographic boundaries over which the public body has jurisdiction;
     (B) At the administrative headquarters of the public body;
     (C) At the nearest practical location; or
     (D) If the public body is a state, county, city or special district entity, within Indian country
of a federally recognized Oregon Indian tribe that is within the geographic boundaries of this state.
For purposes of this subparagraph, “Indian country” has the meaning given that term in 18 U.S.C.
1151.
     (b) Training sessions may be held outside the jurisdiction as long as no deliberations toward a
decision are involved.
     (c) A joint meeting of two or more governing bodies or of one or more governing bodies and the
elected officials of one or more federally recognized Oregon Indian tribes shall be held within the
geographic boundaries over which one of the participating public bodies or one of the Oregon Indian
tribes has jurisdiction or at the nearest practical location.
     (d) Meetings may be held in locations other than those described in this subsection in the event
of an actual emergency necessitating immediate action.
     (5)(a) It is discrimination on the basis of disability for a governing body of a public body to meet
in a place inaccessible to persons with disabilities, or, upon request of a person who is deaf or hard
of hearing, to fail to make a good faith effort to have an interpreter for persons who are deaf or
hard of hearing provided at a regularly scheduled meeting. The sole remedy for discrimination on
the basis of disability shall be as provided in ORS 192.680.
     (b) The person requesting the interpreter shall give the governing body at least 48 hours’ notice
of the request for an interpreter, shall provide the name of the requester, sign language preference
and any other relevant information the governing body may request.
     (c) If a meeting is held upon less than 48 hours’ notice, reasonable effort shall be made to have
an interpreter present, but the requirement for an interpreter does not apply to emergency meetings.
     (d) If certification of interpreters occurs under state or federal law, the Oregon Health Author-
ity or other state or local agency shall try to refer only certified interpreters to governing bodies
for purposes of this subsection.
     (e) As used in this subsection, “good faith effort” includes, but is not limited to, contacting the
department or other state or local agency that maintains a list of qualified interpreters and ar-
ranging for the referral of one or more qualified interpreters to provide interpreter services.
     SECTION 3. ORS 192.640 is amended to read:
     192.640. (1) [The governing body of] A public body shall provide for and give public notice, rea-
sonably calculated to give actual notice to interested persons including news media which have re-
quested notice, of the time and place for holding regular meetings of each of its governing
bodies. The notice shall also include a list of the principal subjects anticipated to be considered at
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the meeting, but this requirement shall not limit the ability of a governing body to consider addi-
tional subjects.
     (2) If an executive session only will be held, the notice shall be given to the members of the
governing body, to the general public and to news media which have requested notice, stating the
specific provision of law authorizing the executive session.
     (3) No special meeting shall be held without at least 24 hours’ notice to the members of the
governing body, the news media which have requested notice and the general public. In case of an
actual emergency, a meeting may be held upon such notice as is appropriate to the circumstances,
but the minutes for such a meeting shall describe the emergency justifying less than 24 hours’ no-
tice.
     SECTION 4. ORS 192.650 is amended to read:
     192.650. (1) [The governing body of] A public body shall provide for the sound, video or digital
recording or the taking of written minutes of all [its] meetings for each of its governing bodies.
Neither a full transcript nor a full recording of the meeting is required, except as otherwise pro-
vided by law, but the written minutes or recording must give a true reflection of the matters dis-
cussed at the meeting and the views of the participants. All minutes or recordings shall be available
to the public within a reasonable time after the meeting, and shall include at least the following
information:
     (a) All members of the governing body present;
     (b) All motions, proposals, resolutions, orders, ordinances and measures proposed and their dis-
position;
     (c) The results of all votes and, except for public bodies consisting of more than 25 members
unless requested by a member of that body, the vote of each member by name;
     (d) The substance of any discussion on any matter; and
     (e) Subject to ORS 192.311 to 192.478 relating to public records, a reference to any document
discussed at the meeting.
     (2) Minutes of executive sessions shall be kept in accordance with subsection (1) of this section.
However, the minutes of a hearing held under ORS 332.061 shall contain only the material not ex-
cluded under ORS 332.061 (2). Instead of written minutes, a record of any executive session may be
kept in the form of a sound or video tape or digital recording, which need not be transcribed unless
otherwise provided by law. If the disclosure of certain material is inconsistent with the purpose for
which a meeting under ORS 192.660 is authorized to be held, that material may be excluded from
disclosure. However, excluded materials are authorized to be examined privately by a court in any
legal action and the court shall determine their admissibility.
     (3) A reference in minutes or a recording to a document discussed at a meeting of a governing
body of a public body does not affect the status of the document under ORS 192.311 to 192.478.
     (4) A public body may charge a person a fee under ORS 192.324 for the preparation of a tran-
script from a recording.
     SECTION 5. ORS 192.670 is amended to read:
     192.670. (1) Any meeting, including an executive session, of a governing body of a public body
[which is held through the use of telephone or other electronic communication] shall be conducted in
accordance with ORS 192.610 to 192.705, and may be held in person, through the use of elec-
tronic or telephonic means or in some combination of in-person, electronic or telephonic
means.
     (2) When telephone or other electronic means of communication is used and the meeting is not
an executive session, the governing body of the public body shall make available to the public at
least one place where, or at least one electronic means by which, the public can listen to the com-
munication at the time it occurs. A place provided may be a place where no member of the gov-
erning body of the public body is present.
     (3) All meetings held by a governing body of a public body, excluding executive sessions, must
provide to members of the general public, to the extent reasonably possible, an opportunity to:
     (a) Access and attend the meeting by telephone, video or other electronic or virtual means;
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    (b) If in-person oral testimony is allowed, submit during the meeting oral testimony by telephone,
video or other electronic or virtual means; and
    (c) If in-person written testimony is allowed, submit written testimony, including by electronic
mail or other electronic means, so that the governing body is able to consider the submitted testi-
mony in a timely manner.
    (4) The provisions of subsection (3) of this section:
    (a) Apply to hearings under ORS 197.797, 215.402 to 215.438 and 215.700 to 215.780 regardless
of whether a governing body or governing body’s designee, including a hearings officer, conducts the
hearing; and
    (b) Do not apply to contested case hearings under ORS chapter 183.
    SECTION 6. ORS 192.685 is amended to read:
    192.685. (1)(a) Notwithstanding ORS 192.680, complaints of violations of any provision of ORS
192.610 to 192.705 alleged to have been committed by public officials or by a public body may be
made to the Oregon Government Ethics Commission for review and investigation as provided by
ORS 244.260 and for possible imposition of civil penalties as provided by ORS 244.350.
    (b) If at any time the commission has reason to believe that there has been a violation of ORS
192.660, the commission may proceed under this section and as provided by ORS 244.260 on its own
motion as if the commission had received a complaint.
    (2) A complainant may not file a complaint with the commission under this section unless the
complainant has complied with the written grievance procedures described in ORS 192.705 and:
    (a) Has received a response from the public body that denies that a violation of ORS 192.610 to
192.705 occurred;
    (b) Has received a response from the public body that admits that a violation of ORS 192.610
to 192.705 occurred that the public body has failed to take adequate steps to cure; or
    (c) Has not received a response from the public body within the time prescribed for a response
under ORS 192.705.
    (3) A complainant shall submit documentation of the complainant’s actions taken under ORS
192.705 and the public body’s initial response as described in subsection (2) of this section and ORS
192.705, if any. Except as provided under subsection (1)(b) of this section, the commission [shall
dismiss any complaint filed under this section that does not satisfy] may not consider a complaint
to be filed under this section if the complainant has not satisfied the requirements of sub-
section (2) of this section.
    (4) If a complaint satisfies the requirements of subsection (2) of this section, the commission may
interview witnesses, review minutes and other records and obtain and consider any other informa-
tion pertaining to meetings of the governing body of a public body for purposes of determining
whether a violation of ORS 192.610 to 192.705 occurred. Information related to an executive session
conducted for a purpose authorized by ORS 192.660 shall be made available to the Oregon Govern-
ment Ethics Commission for its investigation but shall be excluded from public disclosure.
    (5) If the commission chooses not to pursue a complaint of a violation brought under subsection
(1) of this section at any time before conclusion of a contested case hearing, the public official
against whom the complaint was brought may be entitled to reimbursement of reasonable costs and
attorney fees by the public body to which the official’s governing body has authority to make re-
commendations or for which the official’s governing body has authority to make decisions.
    (6) This section does not apply to any complaint of a violation of any provision of ORS
192.610 to 192.705 alleged to have been committed by one or more members of the commis-
sion. The exclusive remedy for a complaint described in this subsection is to proceed under
ORS 192.680.
    SECTION 7. ORS 192.690 is amended to read:
    192.690. (1) ORS 192.610 to 192.705 do not apply to any of the following:
    (a) Deliberations of the Psychiatric Security Review Board or the State Board of Parole and
Post-Prison Supervision.
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     (b) Deliberations of state agencies conducting hearings on contested cases in accordance with
the provisions of ORS chapter 183.
     (c) Deliberations of the Workers’ Compensation Board or the Employment Appeals Board of
similar hearings on contested cases.
     (d) Meetings of the state lawyers assistance committee operating under the provisions of ORS
9.568.
     (e) Meetings of the personal and practice management assistance committees operating under
the provisions of ORS 9.568.
     (f) Meetings of county child abuse multidisciplinary teams required to review child abuse cases
in accordance with the provisions of ORS 418.747.
     (g) Meetings of child fatality review teams required to review child fatalities in accordance with
the provisions of ORS 418.785.
     (h) Meetings of peer review committees in accordance with the provisions of ORS 441.055.
     (i) Mediation conducted under ORS 36.252 to 36.268.
     (j) Any judicial proceeding.
     (k) Meetings of the Oregon Health and Science University Board of Directors or its designated
committee regarding candidates for the position of president of the university or regarding sensitive
business, financial or commercial matters of the university not customarily provided to competitors
related to financings, mergers, acquisitions or joint ventures or related to the sale or other dispo-
sition of, or substantial change in use of, significant real or personal property, or related to health
system strategies.
     (L) Oregon Health and Science University faculty or staff committee meetings.
     (m) Meetings of Transfer Council subcommittees that are established under ORS 350.426 and
that relate to the common course numbering system and the coordination, establishment, alignment,
effectiveness and maintenance of foundational curricula or unified statewide transfer agreements.
     (n) Communications between or among members of a governing body that [are]:
     [(A) Purely factual or educational in nature and that convey no deliberation or decision on any
matter that might reasonably come before the governing body;]
     (A) Are related purely to procedural matters and convey no deliberation or decision on
the substance of the matter in question;
     (B) Contain only factual or educational information or that share the views of someone
other than a member of the governing body, including but not limited to published articles
or constituent letters;
     (C) Are made to representatives of the news media, constituents, members of the public
or other persons, unless the persons are being used as intermediaries to allow the governing
body to engage in deliberations or make a decision;
     (D) Are made for the purpose of gathering information related to a decision that will be
deliberated upon or made by the governing body;
     [(B)] (E) Except as otherwise provided in this paragraph, are not related to any matter that,
at any time, could reasonably be foreseen to come before the governing body for deliberation and
decision; or
     [(C)] (F) Are nonsubstantive in nature, such as communication relating to scheduling, leaves
of absence and other similar matters.
     (2) Because of the grave risk to public health and safety that would be posed by misappropri-
ation or misapplication of information considered during such review and approval, ORS 192.610 to
192.705 shall not apply to review and approval of security programs by the Energy Facility Siting
Council pursuant to ORS 469.530.
     SECTION 8. ORS 192.700 is amended to read:
     192.700. (1)(a) The Oregon Government Ethics Commission shall annually prepare training on
the requirements of ORS 192.610 to 192.705 and best practices to enhance compliance with those
requirements. The commission may delegate the preparation and presentation of trainings to another
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organization, except that the commission must approve the content of training prepared by another
organization prior to presentation of the training.
    (b) At the discretion of the commission, trainings prepared under this section may be presented
in live sessions or be made available for viewing online. Training sessions may be presented to
multiple governing bodies at any one time and may be presented in a prerecorded format.
    (2)(a) Every member of a governing body [of a public body with total expenditures for a fiscal year
of $1 million or more] shall attend or view training prepared under this section at least once during
the member’s term of office and shall verify the member’s attendance using the method prescribed
by the commission, if:
    (A) The public body that the governing body governs has total expenditures for a fiscal
year of $1 million or more; and
    (B) The governing body has decision-making authority over the public body on questions
of policy or administration. For purposes of this paragraph, a governing body has authority
to make decisions on policy or administration if the governing body may exercise govern-
mental power on behalf of the public body.
    (b) A member of a governing body that only has authority to make recommendations to
a public body on policy or administration is not required to attend training under this sec-
tion.
    [(b)] (c) A member of a governing body who[, under paragraph (a) of this subsection,] is not re-
quired to attend training is nevertheless encouraged to attend training given under this section.
    (3) The commission shall, at least once every five years, adjust the expenditure threshold for
mandatory training described in subsection (2)(a) of this section to account for changes in inflation
and shall by rule establish a new threshold, rounded to the nearest $100,000, for mandatory training
attendance under this section.
    (4) A member of a governing body who is required to attend or view training under this
section shall attend or view the training at any time between three months before assuming
office and 12 months after taking office.
    [(4)] (5) This section does not apply to governing bodies of state government, as defined in ORS
174.111.
    SECTION 9. ORS 192.705 is amended to read:
    192.705. (1) A person who believes that a governing body or public body has acted in violation
of ORS 192.610 to 192.705 may, within [30] 90 days of the alleged violation, file a written grievance
with the public body who is alleged to have violated ORS 192.610 to 192.705 or whose governing
body is alleged to have violated ORS 192.610 to 192.705, setting forth the specific facts and circum-
stances that the person asserts amounted to a violation of ORS 192.610 to 192.705. The grievance
must state the identity of the person filing the grievance and any other information required by the
Oregon Government Ethics Commission by rule.
    (2) A public body receiving a written grievance filed under this section shall, within 21 days of
the receipt of the grievance, provide [a] an initial written response to the person[:].
    [(a) Acknowledging receipt of the grievance; and]
    [(b)(A) Denying that the facts and circumstances as set forth in the grievance accurately reflect the
conduct of the governing body and setting forth the facts and circumstances as determined by the public
body and the reasons why those facts and circumstances do not amount to a violation of ORS 192.610
to 192.705;]
    [(B) Admitting that the facts and circumstances as set forth in the grievance accurately reflect the
conduct of the governing body but denying that those facts and circumstances amount to a violation
of ORS 192.610 to 192.705; or]
    [(C) Admitting that the conduct of the governing body amounted to a violation of ORS 192.610 to
192.705 and setting forth the steps the governing body will take to cure the violation, including but not
limited to:]
    [(i) Rescinding the decision taken by the governing body in violation of ORS 192.610 to 192.705;
or]
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    [(ii) Acknowledging in a properly noticed and conducted public meeting held within 45 days of the
governing body’s original decision that:]
    [(I) The original decision was made in violation of ORS 192.610 to 192.705;]
    [(II) Good cause exists for the governing body to not rescind the decision; and]
    [(III) The governing body’s practices will be modified to ensure future violations of ORS 192.610
to 192.705 do not occur.]
    (3) The public body or the governing body of the public body that has received a grievance
under this section may cure a violation described in the grievance by:
    (a) Rescinding the decision taken by the public body or the governing body in violation
of ORS 192.610 to 192.705;
    (b) Acknowledging in a properly noticed and conducted public meeting held within 90 days
of the public body’s receipt of the grievance that:
    (A) The original decision was made in violation of ORS 192.610 to 192.705;
    (B) Good cause exists for the public body or the governing body to not rescind the deci-
sion; and
    (C) The practices and procedures of the governing body and the public body will be
modified to ensure that violations of ORS 192.610 to 192.705 do not occur; or
    (c) Describing some other action the public body or governing body will take to ensure
compliance with ORS 192.610 to 192.705 and the date by which the action is to be imple-
mented.
    (4) The public body that received a grievance under this section, or the governing body
of that public body, may cure a violation described in the grievance by correcting procedures
to ensure that the errors that led to a violation of ORS 192.610 to 192.705 do not occur in the
future.
    [(3)] (5) The public body shall send a copy of the written grievance and the public body’s initial
response under this section to the Oregon Government Ethics Commission at the time the public
body responds to the person who filed the grievance.
    SECTION 10. ORS 244.260 is amended to read:
    244.260. (1)(a) Any person may file with the Oregon Government Ethics Commission a signed or
electronically signed written complaint alleging that there has been a violation of either:
    (A) Any provision of this chapter or of any rule adopted by the commission under this chapter.
The complaint shall state the person’s reason for believing that a violation occurred and include any
evidence relating to the alleged violation.
    (B) ORS 192.610 to 192.705. The complaint shall state the particulars of meetings of a governing
body or actions of a public body that were not in compliance with ORS 192.610 to 192.705 and shall
state the person’s reason for believing that a violation occurred. The person shall include any evi-
dence relating to the alleged violation with the complaint.
    (b) If at any time the commission has reason to believe that there has been a violation of a
provision of this chapter or ORS 192.660 or a rule adopted by the commission under this chapter,
the commission may proceed under this section on its own motion as if the commission had received
a complaint.
    (2)(a) Not later than two business days after receiving a complaint under this section, the com-
mission shall notify the person or public body who is the subject of the complaint.
    (b) Before approving a motion to proceed under this section without a complaint, the commission
shall provide notice to the person believed to have committed the violation of the time and place
of the hearing at which the motion will be discussed. If the commission decides to proceed on its
own motion, the commission shall give notice to the person not later than two business days after
the motion is approved.
    (c) The commission shall give notice of the complaint or motion under paragraph (a) or (b) of
this subsection. The notice must describe the nature of the alleged violation. The notice must in-
clude copies of all materials submitted with a complaint. If the commission will consider a motion
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to proceed without a complaint, the notice must provide copies of all materials that the commission
will consider at the hearing on the motion.
     (d) Information that the commission considers before approving a motion to proceed on its own
motion under this section and any correspondence regarding the motion or potential violation is
confidential. The executive director of the commission and the commission members and staff may
not make any public comment or publicly disclose any materials relating to the motion pending the
commission’s approval to proceed. A person who intentionally violates this paragraph is subject to
a civil penalty in an amount not to exceed $1,000. Any person aggrieved as a result of a violation
of this paragraph by the executive director or a member of the commission or its staff may file a
petition in a court of competent jurisdiction in the county in which the petitioner resides in order
to enforce the civil penalty provided in this paragraph.
     (3) After the commission receives a complaint or decides to proceed on its own motion, the
executive director of the commission shall undertake action in the Preliminary Review Phase to
determine whether there is cause to undertake an investigation. If the person who is the subject
of the action is a member of the Legislative Assembly, the executive director shall determine
whether the alleged violation involves conduct protected by Article IV, section 9, of the Oregon
Constitution.
     (4)(a) The Preliminary Review Phase begins on the date the complaint is filed or the date the
commission decides to proceed on its own motion and ends on the date the executive director com-
pletes the statement of the facts determined during the phase under paragraph (d) of this subsection.
The Preliminary Review Phase may not exceed 60 days unless a complaint is filed under this section
with respect to a person who is a candidate for elective public office, the complaint is filed within
61 days before the date of an election at which the person is a candidate for nomination or election
and a delay is requested in writing by the candidate. If the candidate makes a request under this
paragraph, the Preliminary Review Phase must be completed not later than 60 days after the date
of the election.
     (b) During the Preliminary Review Phase, the executive director of the commission may seek,
solicit or otherwise obtain any books, papers, records, memoranda or other additional information,
administer oaths and take depositions necessary to determine whether there is cause to undertake
an investigation or whether the alleged violation involves conduct protected by Article IV, section
9, of the Oregon Constitution.
     (c) The Preliminary Review Phase is confidential. The executive director of the commission and
any commission members and staff may acknowledge receipt of a complaint but may not make any
public comment or publicly disclose any materials relating to a case during the Preliminary Review
Phase. A person who intentionally violates this paragraph is subject to a civil penalty in an amount
not to exceed $1,000. Any person aggrieved as a result of a violation of this paragraph by the
executive director or a member of the commission or its staff may file a petition in a court of
competent jurisdiction in the county in which the petitioner resides in order to enforce the civil
penalty provided in this paragraph.
     (d)(A) At the end of the Preliminary Review Phase, the executive director of the commission
shall prepare a statement of the facts determined during the phase, including appropriate legal ci-
tations and relevant authorities. Before presentation to the commission, the executive director’s
statement shall be reviewed by legal counsel to the commission.
     (B) Following the conclusion of the Preliminary Review Phase, the executive director of the
commission shall attend an executive session of the commission where the executive director shall
present the statement of the facts and summarize the results of the Preliminary Review Phase to the
commission and recommend to the commission whether there is cause to undertake an investigation
or whether the commission should instead dismiss the complaint or rescind its motion.
     (C) At the executive session, the commission shall consider the recommendation of the executive
director and make the final determination as to whether there is cause to undertake an investigation
or whether the commission should instead dismiss the complaint or rescind its motion.
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     (D) All case related materials and proceedings shall be open to the public after the commission
makes a finding of cause to undertake an investigation, dismisses a complaint or rescinds a motion.
     (e) The time limit imposed in this subsection and the commission’s inquiry are suspended if a
court has enjoined the executive director or the commission from continuing the inquiry.
     (5)(a) If the commission determines that there is not cause to undertake an investigation or that
the alleged violation of this chapter involves conduct protected by Article IV, section 9, of the
Oregon Constitution, the commission shall dismiss the complaint or rescind its motion and formally
enter the dismissal or rescission in its records. If the commission considers the recommendation of
the executive director in an executive session but the commission does not affirmatively vote to
undertake an investigation, dismiss the complaint or rescind its motion, the nonaction taken by the
commission shall be considered a dismissal of the complaint or a rescission of its motion. The com-
mission shall notify the person or public body who is the subject of action under this section of the
dismissal or rescission. After dismissal or rescission, the commission may not take further action
involving the person or public body unless a new and different complaint is filed or action on the
commission’s own motion is undertaken based on different conduct.
     (b) If the commission makes a finding of cause to undertake an investigation, the commission
shall undertake action in the Investigatory Phase. The commission shall notify the person or public
body who is the subject of the investigation, identify the issues to be examined and confine the in-
vestigation to those issues. If the commission finds reason to expand the investigation, the commis-
sion shall move to do so, record in its minutes the issues to be examined before expanding the scope
of its investigation and formally notify the complainant, if any, and the person or public body who
is the subject of the investigation of the expansion and the scope of the investigation.
     (6)(a) The Investigatory Phase begins on the date the commission makes a finding of cause to
undertake an investigation and ends on the date the commission dismisses the complaint, rescinds
its own motion, issues a settlement order, moves to commence a contested case proceeding or takes
other action justified by the findings. Except as provided in this subsection, the Investigatory Phase
may not exceed 180 days unless a delay is stipulated to by both the person or public body who is
the subject of action under this section and the commission with the commission reserving a portion
of the delay period to complete its actions.
     (b) During the Investigatory Phase, the commission may seek any additional information, ad-
minister oaths, take depositions and issue subpoenas to compel attendance of witnesses and the
production of books, papers, records, memoranda or other information necessary to complete the
investigation. If any person fails to comply with any subpoena issued under this paragraph or re-
fuses to testify on any matters on which the person may be lawfully interrogated, the commission
shall follow the procedure described in ORS 183.440 to compel compliance.
     (c) The time limit imposed in this subsection and the commission’s investigation:
     (A) May be suspended if there is a pending criminal investigation that relates to the issues
arising out of the underlying facts or conduct at issue in the matter before the commission and the
commission determines that it cannot adequately complete its investigation until the pending crimi-
nal investigation is complete;
     (B) May be suspended if a suit is commenced under ORS 192.680 concerning the same meetings
of a governing body that are the subject of the investigation by the commission, until a final adju-
dication of the suit has been made; or
     (C) Are suspended if a court has enjoined the commission from continuing its investigation.
     (d) At the end of the Investigatory Phase, the commission shall take action by order. The action
may include:
     (A) Dismissal, with or without comment;
     (B) Continuation of the investigation for a period not to exceed 30 days for the purpose of ad-
ditional fact-finding;
     (C) Moving to a contested case proceeding;
     (D) Entering into a negotiated settlement; or
     (E) Taking other appropriate action if justified by the findings.
Enrolled House Bill 4177 (HB 4177-B)  Page 9
     (e) The commission may move to a contested case proceeding if the commission determines that
the information presented to the commission is sufficient to make a preliminary finding of:
     (A) A violation of any provision of this chapter or of any rule adopted by the commission under
this chapter; or
     (B) A violation of any provision of ORS 192.610 to 192.705.
     (7) A person conducting any inquiry or investigation under this section shall:
     (a) Conduct the inquiry or investigation in an impartial and objective manner; and
     (b) Provide to the executive director or the commission all favorable and unfavorable informa-
tion the person collects.
     (8) The commission shall report the findings of any inquiry or investigation in an impartial
manner. The commission shall report both favorable and unfavorable findings and shall make the
findings available to:
     (a) The person, governing body or public body who is the subject of the inquiry or investi-
gation;
     (b) The appointing authority, if any;
     (c) The Attorney General, if the findings relate to a state public official;
     (d) The appropriate district attorney, if the findings relate to a local public official;
     (e) The Commission on Judicial Fitness and Disability, if the findings relate to a judge; and
     (f) The governing body of a public body, if the inquiry or investigation concerns an alleged vi-
olation of ORS 192.610 to 192.705 and the person who is the subject of the inquiry or investigation
is a member of that governing body.
     (9) Hearings conducted under this chapter must be held before an administrative law judge as-
signed from the Office of Administrative Hearings established under ORS 183.605. The procedure
shall be that for a contested case under ORS chapter 183.
     (10) The Oregon Government Ethics Commission may not inquire into or investigate any conduct
that occurred more than four years before a complaint is filed or a motion is approved under sub-
section (1) of this section.
     (11) This section does not prevent the commission and the person or public body alleged to
have violated any provision of this chapter or ORS 192.660 or any rule adopted by the commission
under this chapter from stipulating to a finding of fact concerning the violation and consenting to
an appropriate penalty. The commission shall enter an order based on the stipulation and consent.
     (12) At any time during proceedings conducted under this section, the commission may enter
into a negotiated settlement with the person or public body who is the subject of action under this
section.
     (13) As used in this section:
     (a) “Cause” means that there is 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 com-
mitted the offense or violation.
     (b) “Governing body” has the meaning given that term in ORS 192.610.
     (c) “Pending” means that a prosecuting attorney is either actively investigating the factual basis
of the alleged criminal conduct, is preparing to seek or is seeking an accusatory instrument, has
obtained an accusatory instrument and is proceeding to trial or is in trial or in the process of ne-
gotiating a plea.
     SECTION 11. ORS 244.350 is amended to read:
     244.350. (1) The Oregon Government Ethics Commission may impose civil penalties not to ex-
ceed:
     (a) Except as provided in paragraphs (b), (c) and (d) of this subsection, $5,000 for violation of
any provision of this chapter or any resolution adopted under ORS 244.160.
     (b) $25,000 for violation of ORS 244.045.
     (c) $10,000 for willfully violating ORS 244.040.
     (d) Two times the amount of the penalty provision for violating a nondisclosure agreement that
is contained within each nondisclosure agreement entered into in violation of ORS 244.049.
Enrolled House Bill 4177 (HB 4177-B)  Page 10
     (2)(a) Except as provided in paragraph (b) of this subsection, the commission may impose civil
penalties not to exceed $1,000 for violation of any provision of ORS 192.610 to 192.705.
     (b) A civil penalty may not be imposed under this subsection if the violation occurred as a result
of the public body or the governing body of the public body acting upon the advice of the public
body’s counsel.
     (3) The commission may impose civil penalties not to exceed $250 for violation of ORS 293.708.
A civil penalty imposed under this subsection is in addition to and not in lieu of a civil penalty that
may be imposed under subsection (1) of this section.
     (4)(a) The commission may impose civil penalties on a person who fails to file the statement
required under ORS 244.050 or 244.217. In enforcing this subsection, the commission is not required
to follow the procedures in ORS 244.260 before finding that a violation of ORS 244.050 or 244.217
has occurred.
     (b) Failure to file the required statement in timely fashion is prima facie evidence of a violation
of ORS 244.050 or 244.217.
     (c) The commission may impose a civil penalty of $10 for each of the first 14 days the statement
is late beyond the date set by law, or by the commission under ORS 244.050, and $50 for each day
thereafter. The maximum penalty that may be imposed under this subsection is $5,000.
     (5) In lieu of or in conjunction with finding a violation of law or any resolution or imposing a
civil penalty under this section, the commission may issue a written letter of reprimand, explanation
or education.
     (6)(a) A civil penalty imposed under this section against a public official for a violation of ORS
192.610 to 192.705 is a personal liability of each member of the governing body on whom the penalty
is imposed and may not be paid for or indemnified by the governing body or public body that the
member is associated with.
     (b) A civil penalty imposed against a public body under this section for a violation of ORS
192.610 to 192.705 is a liability of the public body against whom the penalty is imposed and
shall be paid by the public body.
     (c) Notwithstanding paragraph (a) of this subsection, a civil penalty imposed under this
section for an administrative error that amounts to a violation of ORS 192.610 to 192.705 is
a liability of the public body and may not be paid for by a public official associated with the
public body.
     [(b)] (d) As used in this subsection, “governing body” and “public body” have the meanings
given those terms in ORS 192.610.
     SECTION 12. In addition to and not in lieu of any other appropriation, there is appro-
priated to the Oregon Government Ethics Commission, for the biennium ending June 30,
2027, out of the General Fund, the amount of $325,950 to carry out the amendments to ORS
192.610, 192.630, 192.640, 192.650, 192.670, 192.685, 192.690, 192.700, 192.705, 244.260 and 244.350
by sections 1 to 11 of this 2026 Act.
     SECTION 13. This 2026 Act takes effect on the 91st day after the date on which the 2026
regular session of the Eighty-third Legislative Assembly adjourns sine die.
Enrolled House Bill 4177 (HB 4177-B)  Page 11
Passed by House March 4, 2026  Received by Governor:
  ........................M.,........................................................., 2026
       ..................................................................................
  Approved:
  Timothy G. Sekerak, Chief Clerk of House
  ........................M.,........................................................., 2026
       ..................................................................................
  Julie Fahey, Speaker of House
  ..................................................................................
  Tina Kotek, Governor
Passed by Senate March 6, 2026
  Filed in Office of Secretary of State:
       ..................................................................................   ........................M.,........................................................., 2026
  Rob Wagner, President of Senate
  ..................................................................................
  Tobias Read, Secretary of State
Enrolled House Bill 4177 (HB 4177-B)  Page 12