1 00:00:10,400 --> 00:00:18,320 that would be my input and I would um I would much prefer 2 00:00:15,599 --> 00:00:22,519 not to get into a long drawn out thing because that will add to this meeting 3 00:00:19,720 --> 00:00:26,279 and Anthony said he's got to be out by 8 so I'm sure others have questions that's 4 00:00:24,680 --> 00:00:34,040 all I have good good comment yes yeah and 5 00:00:30,519 --> 00:00:37,960 commissioner Terrell yeah I I very much sincerely apologize for missing the last 6 00:00:36,520 --> 00:00:45,600 um planning one it's the only one I missed and um I had some comments to 7 00:00:42,360 --> 00:00:50,559 make about the open space and also tree preservation and um would I like should 8 00:00:48,920 --> 00:00:55,440 I just submit those in writing and then that can be just taken care of that 9 00:00:52,760 --> 00:00:59,640 way yeah and just so that will be the development code I just want to make 10 00:00:56,559 --> 00:01:05,119 sure that um we're dividing up these uh so uh there might be some uh General 11 00:01:02,199 --> 00:01:12,920 open space policies uh and maybe some policies on on uh tree preservation that 12 00:01:09,479 --> 00:01:18,400 uh are supportive of text amendments to the development code uh but for March 11 13 00:01:16,479 --> 00:01:23,600 um oh it's okay it will just the comprehensive plan the focus yeah okay 14 00:01:21,360 --> 00:01:31,159 yeah okay do should I still submit those comments about the code 15 00:01:25,400 --> 00:01:35,680 update uh yeah um I yeah better to to be there with the the council yeah I just 16 00:01:33,960 --> 00:01:40,680 biffed it was the only one I've missed the whole time and I was there for the 17 00:01:38,159 --> 00:01:46,640 other tree discussion but this one I yeah missed it sorry and there will be 18 00:01:43,759 --> 00:01:51,240 um I guess I'm sort of taking uh March what is it March 5th city council 19 00:01:48,680 --> 00:01:56,439 meeting just uh one more kind of work set but sort of a wrap up of just the 20 00:01:53,159 --> 00:02:00,680 things that what was identified at the last uh meeting there I think it was 21 00:01:58,640 --> 00:02:05,880 just like last week or so uh that uh some that people want a 22 00:02:03,439 --> 00:02:12,800 little bit more explanation on but we will have a hearings ready document very 23 00:02:09,679 --> 00:02:17,040 shortly here um so uh yeah we're just trying to fine tune as much as we can 24 00:02:15,319 --> 00:02:22,000 for the development code the development code hearing will be on April 8th that's 25 00:02:19,720 --> 00:02:28,480 the April 8th is the Planning Commission public hearing for the development code 26 00:02:25,640 --> 00:02:33,480 uh so yeah you're um that's right on the heels of the comprehensive plan hearing 27 00:02:32,000 --> 00:02:40,640 okay and so should I just submit those comments CCU send them to Shannon to Amy 28 00:02:36,040 --> 00:02:45,159 who should I send them to or I 3j uh Amy I think through the city is is better 29 00:02:42,959 --> 00:02:49,959 yeah yes please send them to you and you'll distribute them to whoever needs 30 00:02:47,400 --> 00:02:55,879 yeah thank you sh happily share yeah and I don't I like I said I don't have a lot 31 00:02:51,959 --> 00:03:01,200 but um I I was listening to it and um I think I was sort of mentioned in passing 32 00:02:58,280 --> 00:03:05,840 as being missing and I feel like I should add what the very 33 00:03:03,319 --> 00:03:10,599 brief comment I would have made thank you thank you for your 34 00:03:08,519 --> 00:03:15,000 service Susie and also sort of we've gotten the trip trickle down effect by 35 00:03:12,799 --> 00:03:20,280 Susie's continued uh attendance to that so I just appreciate your attendance in 36 00:03:17,360 --> 00:03:25,480 all those meetings and um yeah if we could get those documents ahead of time 37 00:03:22,440 --> 00:03:31,080 that would help us to be thoughtful uh participants thank you Scott thanks yeah 38 00:03:28,720 --> 00:03:36,439 is anything else happy to convey that but we'll we'll get the documents out as 39 00:03:33,040 --> 00:03:40,480 soon as possible nope thanks Scott appreciate it I just sent an email to 40 00:03:38,080 --> 00:03:46,000 Amy letting him know that uh letting her know that April 8th sadly I will um be 41 00:03:44,519 --> 00:03:50,480 out of the state and unavailable that day so uh that's gonna be a fun one 42 00:03:48,159 --> 00:03:56,360 Susie you get to be the chair that day apologies in advance okay well I 43 00:03:54,720 --> 00:04:00,000 I'll pay attention to what you do every day every time we meet before then and 44 00:03:58,200 --> 00:04:02,799 maybe I'll maybe I'll be able to handle we'll see I'll send you a picture of 45 00:04:01,640 --> 00:04:07,879 myself that you can kind of staple your for there you then you can you can just 46 00:04:05,560 --> 00:04:13,200 have everybody coming at me anyways excellent uh do we have any 47 00:04:10,840 --> 00:04:17,280 public citizen comments before we get into our training this is for items that 48 00:04:15,439 --> 00:04:21,160 are not on the agenda I see two individuals that uh are not 49 00:04:19,280 --> 00:04:27,040 Commissioners and I wanted to invite them for or do 50 00:04:23,919 --> 00:04:31,600 we just to heads up Chris Brewbaker is another trainer with the ethics 51 00:04:28,840 --> 00:04:31,600 Commission 52 00:04:32,880 --> 00:04:39,600 okay see hearing none and seeing none we'll proceed with our ethics training 53 00:04:36,400 --> 00:04:42,880 item 4B on our agenda Mr sparza the floor is yours Mr White have a good 54 00:04:41,320 --> 00:04:48,199 evening sir all right well now my Brady Bunch 55 00:04:45,919 --> 00:04:53,600 screen has now altered we've lost that one that one person had had an even 56 00:04:51,240 --> 00:04:57,280 thing there but that's all right so uh I'm going to share my screen because uh 57 00:04:55,240 --> 00:05:03,280 I'm giving a presentation here so I need to show y'all some stuff so it's let me 58 00:04:59,960 --> 00:05:03,280 get situated here for a 59 00:05:03,960 --> 00:05:08,960 sec let's see all 60 00:05:10,720 --> 00:05:15,160 right all right hang 61 00:05:16,440 --> 00:05:24,120 on right how's that look on your end does that look all right looks good I 62 00:05:21,479 --> 00:05:28,199 see a thumbs up awesome so just heads up Chris Brewbaker is also with the ethics 63 00:05:26,080 --> 00:05:33,199 commission um he's he's kind of one of the newer folks so he's sitting in he's 64 00:05:30,639 --> 00:05:38,720 going to answer what questions he has uh in the chat uh if he gets stuck he'll 65 00:05:36,400 --> 00:05:44,080 probably you know throw it back at me but here's the deal we're going to cover 66 00:05:40,039 --> 00:05:49,360 a lot of stuff uh as is uh as much as I'd love ethics to be really simple it's 67 00:05:46,319 --> 00:05:55,400 not it's very complex but uh my job here today is to kind of make this a little 68 00:05:50,720 --> 00:05:59,720 bit easier to uh take to take in so um forgive me if I get if I if I get 69 00:05:57,880 --> 00:06:04,479 repetitive on some things this just my attempt of trying to to kind of hammer 70 00:06:01,639 --> 00:06:10,479 the basics into your head um um You probably see on the screen my 71 00:06:06,960 --> 00:06:15,520 name's Charlie uh if you have a question um there's a few of us here so I don't 72 00:06:12,960 --> 00:06:20,000 mind you unmuting and ask me asking me but uh if you can hang on at at at all 73 00:06:18,720 --> 00:06:22,560 towards the very end because I'm probably as I move through here I'm 74 00:06:21,240 --> 00:06:27,800 probably going to be answering your questions um as I as I as I chop through 75 00:06:25,840 --> 00:06:33,039 this thing and just heads up we're going to be building so you're hear me say 76 00:06:30,039 --> 00:06:36,680 that quite a bit so uh that being said let's go ahead and and dive into this 77 00:06:35,280 --> 00:06:41,319 thing I'm going to take y'all's pictures out of here let me just make it a little 78 00:06:39,039 --> 00:06:46,160 smaller so I can see the thumbs up and stuff on my end and uh because I'll 79 00:06:44,360 --> 00:06:50,919 probably be asking you things if if this is okay or that okay so um let's go 80 00:06:48,960 --> 00:06:56,599 ahead and jump into this so the first thing is is uh the this commission the 81 00:06:55,000 --> 00:07:01,280 the legislative assembly of Oregon has determined that our role as a public 82 00:06:58,759 --> 00:07:05,560 official is one one of a public trust so one way to safeguard that public trust 83 00:07:03,680 --> 00:07:09,800 uh is by following the statutes in ORS 244 you're going to hear me say or s244 84 00:07:07,759 --> 00:07:14,400 a lot now don't worry you don't need to memorize that number okay it's just 85 00:07:11,560 --> 00:07:19,160 that's where we do all of our our world in the ethics part of the commission is 86 00:07:16,160 --> 00:07:23,240 all in OS s244 and that being said let me say that it's our responsibility as 87 00:07:21,400 --> 00:07:28,000 public officials to follow those statutes it's not our public body's 88 00:07:25,680 --> 00:07:32,800 responsibility it's us as individuals to make sure we follow them so so 89 00:07:30,800 --> 00:07:36,560 um and the things we're going to talk about is is pretty simple it's an 90 00:07:34,440 --> 00:07:42,000 overview so we're going to talk about uh using your uh position for financial 91 00:07:39,080 --> 00:07:47,120 gain uh what gifts are appropriate to accept and also we're going to Define 92 00:07:44,479 --> 00:07:54,280 what a conflict of interest is then how to handle that so how do we handle a 93 00:07:48,800 --> 00:07:57,440 conflict of interest so um again for us tonight is just going to be a review of 94 00:07:55,919 --> 00:08:03,400 the statutes we're not going to get into all the legal speak so um again my job 95 00:08:00,960 --> 00:08:08,639 is to make sure that I deliver this in a way that that's easier for people to 96 00:08:05,319 --> 00:08:12,440 understand so that being said if you do uh need to go to the statutes go to the 97 00:08:10,599 --> 00:08:18,400 statutes this is not legal advice I'm not a lawyer so uh the statutes are 98 00:08:15,039 --> 00:08:21,479 there uh if you need to go in deeper now here's here's the catch and this is 99 00:08:20,120 --> 00:08:26,720 something that we've been pressing really hard in the past 100 00:08:24,039 --> 00:08:33,159 year is that I I want yall to see the ethics commission as a resource so 101 00:08:29,879 --> 00:08:37,399 um reach out to us shoot us a message give us a phone call uh ask us questions 102 00:08:35,880 --> 00:08:42,959 we are a resource we're here for you folks okay so um let's just say for 103 00:08:39,839 --> 00:08:45,959 example you're in a situation and uh you don't want to go to the statutes or you 104 00:08:44,480 --> 00:08:50,519 go to statutes and you're like I'm lost in this legal speak world uh send me 105 00:08:48,399 --> 00:08:53,720 over to Charlie then of course of course you call us you just an email we will 106 00:08:52,360 --> 00:08:58,600 help you with that that's part of what we do is is making sure you folks uh uh 107 00:08:56,680 --> 00:09:03,120 stay within the statutes and and not find yourself in any any trouble so I 108 00:09:01,480 --> 00:09:05,880 know I'm I kind of look at like we're on the front end the training side we're on 109 00:09:04,519 --> 00:09:11,040 the front end we're on the proactive side um so that being said a little bit 110 00:09:09,279 --> 00:09:16,839 about the ethics commission we were created in 1974 and again this was to 111 00:09:14,320 --> 00:09:21,880 establish transparency in the Oregon government um there are nine citizen 112 00:09:19,560 --> 00:09:26,440 Commissioners uh they're the ones that uh kind of approve what we do when 113 00:09:24,120 --> 00:09:29,640 moving forward with uh investigations and things of that nature there's 15 114 00:09:28,680 --> 00:09:35,720 staff members and uh our jurisdiction is over 115 00:09:32,480 --> 00:09:38,279 three areas so uh I've got a funny one here to tell you here in a minute but 116 00:09:37,200 --> 00:09:43,040 the big one we're going to talk about today is rs44 again don't have to 117 00:09:40,760 --> 00:09:46,440 memorize that we also have legislation over Lobby law regulations basically 118 00:09:44,959 --> 00:09:50,200 just lobbyists have to register with Oregon and they have to file expenditure 119 00:09:48,120 --> 00:09:55,480 reports the other one's going to be the big one is public meetings law um this 120 00:09:53,880 --> 00:09:59,640 uh public meetings law is going to be required training for public officials 121 00:09:57,600 --> 00:10:04,519 it's going to be coming from us here's the big the big reveal it will 122 00:10:01,560 --> 00:10:11,920 not be ready until May or June at this point um the reason being is that 123 00:10:08,360 --> 00:10:15,000 um with the Attorney General's office uh they have to approve our training 124 00:10:13,320 --> 00:10:18,959 because this has been handed over to us and they want to make sure that we're 125 00:10:16,160 --> 00:10:23,440 delivering the proper material in the proper way um and so they're determining 126 00:10:21,600 --> 00:10:27,600 what that information is so that's where we're at right now so it's not like 127 00:10:25,480 --> 00:10:30,320 we're kind of trying to figure out we we we just open up the book and okay we'll 128 00:10:28,880 --> 00:10:35,800 start with this one and just keep on going but uh they're kind of like no we 129 00:10:33,040 --> 00:10:40,320 want we want something more specific so that's coming up um the reason my joke 130 00:10:38,720 --> 00:10:44,480 here was that this is our area of jurisdiction we get a lot of phone calls 131 00:10:41,760 --> 00:10:48,600 of people saying well you know hey uh uh they changed out the toilet paper in our 132 00:10:46,600 --> 00:10:52,959 bathroom that's an Ethics violation I know it is uh they went from good stuff 133 00:10:50,800 --> 00:10:57,240 to bad stuff do something about it well it's not our jurisdiction we get those 134 00:10:55,040 --> 00:11:02,760 those types of calls a lot so there's my little joke on on our jurisdiction so 135 00:11:00,639 --> 00:11:06,000 today uh the big ones we're going to hit is going to be use of office and it's 136 00:11:04,600 --> 00:11:11,360 not going to be in this order by the way use of office private employment uh 137 00:11:08,480 --> 00:11:14,800 conflicts of interest nepotism and gifts so we're going to do a deep dive in all 138 00:11:12,920 --> 00:11:18,519 these uh but you heard me say we're going to build right so we got to start 139 00:11:16,959 --> 00:11:22,200 off with some definitions so the first definition 140 00:11:20,560 --> 00:11:27,440 you're going to run to is a public official and so uh the way a public 141 00:11:24,519 --> 00:11:33,519 official is defined in ORS is that you if you serve the state a city a county 142 00:11:31,360 --> 00:11:38,760 or special district or any other public body you are a public official and this 143 00:11:36,880 --> 00:11:42,519 is whether you're compensated or not okay so when I you're compensated or not 144 00:11:40,600 --> 00:11:46,800 you folks probably are not compensated for being Commissioners so yeah there 145 00:11:44,519 --> 00:11:51,600 you go so guess what you know the answer to this already right you're sitting in 146 00:11:48,600 --> 00:11:57,200 this training you are a public official so um my first thought whenever uh I 147 00:11:55,240 --> 00:12:00,279 think of non-compensated public officials I always think of for some 148 00:11:58,480 --> 00:12:05,480 reason vol firefighter that's where my first my brain goes first all right so 149 00:12:03,600 --> 00:12:09,040 that's public official that's the easy one now we're going to do something that 150 00:12:07,600 --> 00:12:14,399 gets a we're going to change things up a little bit so uh relatives we all know 151 00:12:12,120 --> 00:12:18,959 who our relatives are in the real world okay that that's an easy one but in the 152 00:12:17,079 --> 00:12:23,519 statutes they Define it a little bit tighter so in the statutes it says it's 153 00:12:21,639 --> 00:12:27,199 your spouse it's your children your stepchildren it's your daughter-in-laws 154 00:12:25,440 --> 00:12:32,800 your sons-in-laws it's your parents your step parents it's your siblings and step 155 00:12:29,639 --> 00:12:38,360 siblings and it's your spouse's family so you notice some people are missing 156 00:12:35,199 --> 00:12:41,160 from this list um Grandma and Grandpa are 157 00:12:39,160 --> 00:12:45,920 missing your aunts and uncles are missing and your cousins are missing 158 00:12:43,399 --> 00:12:50,959 okay that's just a few off the top but um by the statutes when they talk about 159 00:12:47,880 --> 00:12:56,639 relatives this is it there's three more though we need to add to this so uh the 160 00:12:53,720 --> 00:13:03,240 first one is going to be a relative is anyone that you have a financial support 161 00:12:59,760 --> 00:13:09,199 obligation to all right uh the next one is going to be anyone that is benefiting 162 00:13:07,079 --> 00:13:13,920 from your employment so maybe they're on your healthare okay that's also a 163 00:13:11,360 --> 00:13:18,079 relative and also a relative is anyone that you may be benefiting from their 164 00:13:15,760 --> 00:13:23,320 employment okay so you may be on someone else's health care that's also a 165 00:13:20,279 --> 00:13:27,199 relative by the statutes all right so we got that out of the way everybody with 166 00:13:24,440 --> 00:13:32,600 me so far all right awesome thank you Susie all right so next one's going to 167 00:13:30,639 --> 00:13:36,199 be household members so this is where things get a little a little more 168 00:13:34,160 --> 00:13:40,920 complicated but again my job is to make this simple right so household member is 169 00:13:38,839 --> 00:13:44,600 anyone who is living in your home okay so this is a 170 00:13:42,320 --> 00:13:49,240 roommate uh this could be a significant other could be a best friend and then of 171 00:13:47,160 --> 00:13:52,680 course it could be you know your cousin an aunt or an uncle or your grandparents 172 00:13:51,120 --> 00:13:57,079 okay it's basically anyone living in your 173 00:13:54,480 --> 00:14:00,600 home all right so we got those out of the way now we're going to keep going 174 00:13:58,800 --> 00:14:04,120 going we're building so a business everyone knows what a business is but we 175 00:14:02,399 --> 00:14:08,800 have to Define it and the ORS it defines a business as 176 00:14:07,279 --> 00:14:12,279 any legal entity that's operated for economic gain okay so that's simple 177 00:14:10,600 --> 00:14:16,240 that's a that's a self-employed individual that's a sole proprietorship 178 00:14:14,199 --> 00:14:22,240 it's a partnership it's a corporation it's a firm uh a franchise an 179 00:14:18,759 --> 00:14:26,240 association that's a business all right next one's going to be an Associated 180 00:14:24,399 --> 00:14:29,360 business so this is where things get this is where things start getting a 181 00:14:27,199 --> 00:14:34,959 little complicated so the first one's going to be a private business so a 182 00:14:32,360 --> 00:14:41,320 private business is one that and we're going back to the definitions you your 183 00:14:38,320 --> 00:14:46,800 relative or a member of your household is a director and officer owner employee 184 00:14:44,399 --> 00:14:51,120 or agent of this private business okay this is a business that you're 185 00:14:47,680 --> 00:14:56,600 associated with or they own stock Equity interest stock options or debt intiments 186 00:14:53,199 --> 00:15:00,720 of $1,000 or more okay so this is this is how this looks okay so let's let's 187 00:14:58,759 --> 00:15:04,440 just say for example my daughter works as at a cashier at a local hardware 188 00:15:02,680 --> 00:15:08,480 store and we'll just say Smith is Smith Hardware I I use this example in every 189 00:15:06,199 --> 00:15:15,240 training so if you've heard it just just bear with me so um my daughter is 190 00:15:12,120 --> 00:15:21,040 cashier at Smith and Smith Hardware I am associated with that business because my 191 00:15:17,600 --> 00:15:27,839 daughter is an employee of that private business okay so that's how this works 192 00:15:25,320 --> 00:15:32,240 okay so you may take a moment and take inventory of who you're relatives are 193 00:15:29,560 --> 00:15:36,560 who your household members are and find out where they work and guess what if 194 00:15:34,079 --> 00:15:41,800 they fit in this in in this category up top then that is a business which you 195 00:15:38,800 --> 00:15:44,519 are associated with okay all right let's take it one step 196 00:15:44,680 --> 00:15:50,240 further all right a publicly heeld Corporation so that's that's a fancy way 197 00:15:48,959 --> 00:15:55,040 of saying this this is a business that's traded on the stock market okay so in 198 00:15:52,680 --> 00:15:59,440 order for you to be associated with a publicly Health Corporation you your 199 00:15:57,759 --> 00:16:05,000 relative or member of your household would have to be an officer or director 200 00:16:01,600 --> 00:16:09,720 of that Corporation or own stock Equity interest stock options or debt 201 00:16:06,399 --> 00:16:13,000 instruments of a $100,000 or more okay so let's take that example I gave you 202 00:16:11,240 --> 00:16:17,959 earlier my daughter is working at Smith and Smith Hardware it's a locally owned 203 00:16:15,199 --> 00:16:23,440 private privately owned business and she gets a job at Home Depot as a cashier 204 00:16:21,720 --> 00:16:28,279 well guess what Home Depot is not a business I'm associated with because she 205 00:16:26,199 --> 00:16:32,920 would have to be an officer director of that business for me to be associated 206 00:16:30,000 --> 00:16:36,959 with it okay so if she got promoted just say for example yeah they her cashier 207 00:16:35,319 --> 00:16:42,160 skills were great and they decide to Bumper up to officer or director then 208 00:16:39,519 --> 00:16:45,920 yes then I would be associated with Home Depot that would be a business I'm 209 00:16:43,440 --> 00:16:52,399 associated with okay of course also the stock options uh Equity interest debt 210 00:16:48,920 --> 00:16:56,800 instruments of $100,000 or okay so we got business business we're associated 211 00:16:54,480 --> 00:17:00,120 with now let's talk about what is not a business it's pretty simple but like 212 00:16:58,560 --> 00:17:06,760 again we have to Define it so public bodies are not businesses 213 00:17:04,000 --> 00:17:10,839 so your state agency your city your county your special district your school 214 00:17:09,039 --> 00:17:15,640 district the Oregon government ethics commission we are not businesses okay we 215 00:17:13,039 --> 00:17:21,959 are public bodies the other one and this is where we get tricky is a nonprofit 216 00:17:18,280 --> 00:17:27,559 501c where you your relative or member of your household is in an unpaid 217 00:17:23,799 --> 00:17:30,440 capacity okay so that would be something like let's just say for examp let's 218 00:17:29,120 --> 00:17:34,880 bring my daughter into this let's just let's just run her through this okay 219 00:17:31,720 --> 00:17:40,520 let's say for example she serves on the board of the YMCA and uh which we all 220 00:17:38,240 --> 00:17:45,480 know YMCA is a nonprofit right she's on the board of a y of the YMCA and she's 221 00:17:43,240 --> 00:17:52,039 in an unpaid capacity it's still not a business I'm associated with okay let's 222 00:17:48,240 --> 00:17:57,200 just say for example uh she's a a member of the YMCA pays pays a membership fee 223 00:17:54,720 --> 00:18:01,000 is a member of the YMCA still not a business with which I'm associated with 224 00:17:58,760 --> 00:18:06,039 because she's not getting compensated all right but let's say for example uh 225 00:18:04,159 --> 00:18:11,159 along with being a board member in the Summer She uh she's paid to be a 226 00:18:08,799 --> 00:18:15,159 lifeguard okay well guess what at that point it is a business which I'm 227 00:18:12,919 --> 00:18:21,080 associated with because she is at that point collecting uh an hourly wage okay 228 00:18:18,039 --> 00:18:25,840 in that scenario okay everybody with me so far all right cool Susie speaking for 229 00:18:24,000 --> 00:18:31,440 all of y'all she's doing great by the way so it's I'm hope I'm if I lose Susie 230 00:18:29,000 --> 00:18:36,760 we're all lost okay all right so I'm G throw a question out at 231 00:18:33,760 --> 00:18:40,760 you uh give me a thumbs up thumbs down um Susie you're you're calling the shots 232 00:18:38,520 --> 00:18:46,440 here so your cousin is included in the Law's definition of a relative true or 233 00:18:43,640 --> 00:18:49,840 false yeah you got it that's pretty easy I'm I'm throwing softballs at here this 234 00:18:48,440 --> 00:18:54,480 is also telling me my training is working so awesome let's throw another 235 00:18:51,919 --> 00:18:59,280 one at you city council member is a public official true or 236 00:18:56,360 --> 00:19:03,000 false awesome all right I think we have a curveball in 237 00:19:00,960 --> 00:19:07,760 here oh yeah here it is we're gonna make you think for a minute the nonprofit you 238 00:19:04,960 --> 00:19:12,360 volunteer at serving lunch once a month is a business which you are associated 239 00:19:09,960 --> 00:19:12,360 true or 240 00:19:13,159 --> 00:19:20,840 false I'm getting I'm getting the headshake from manette in the no fashion 241 00:19:18,679 --> 00:19:26,919 but if you're not getting paid for it yeah so the catch here is you volunteer 242 00:19:24,600 --> 00:19:33,520 yeah and the business isn't a publicly own business correct 243 00:19:29,400 --> 00:19:41,240 so we're good so true or false so with that's okay yeah perfect 244 00:19:38,080 --> 00:19:46,720 awesome okay all right that was the easy part let's get into the tough 245 00:19:43,760 --> 00:19:52,559 stuff all right conflict of interest so we all know what a we've heard those 246 00:19:49,679 --> 00:19:55,440 words uh we were you I know you folks are probably very familiar with what a 247 00:19:53,880 --> 00:20:00,000 conflict of interest is but the training here is designed to kind of break this 248 00:19:57,400 --> 00:20:03,200 down on the simpl term so we're going to figure out what a conflict of interest 249 00:20:01,440 --> 00:20:07,640 is and I'm going to walk you through the steps of how to handle a conflict of 250 00:20:04,880 --> 00:20:15,120 interest all right so a conflict of interest is basically broken down in two 251 00:20:11,280 --> 00:20:19,720 categories potential or actual okay and so the way this kind of works the the 252 00:20:17,679 --> 00:20:22,960 the simple definition of of a of a conflict of interest 253 00:20:21,440 --> 00:20:29,039 is when you as a public 254 00:20:25,679 --> 00:20:34,760 official take some sort of action okay either a vote a recommendation or 255 00:20:31,280 --> 00:20:42,039 approval and that vote recommendation or or approval has a financial impact on 256 00:20:39,120 --> 00:20:48,840 specific people and that would be you your relatives or a business that you or 257 00:20:44,600 --> 00:20:52,480 your relatives are associated with okay so and that's that's about as simple as 258 00:20:51,360 --> 00:20:57,640 it gets and you're going to hear me say this over and over again so we we we get 259 00:20:54,520 --> 00:21:02,880 in our head so first one is uh it's broken down two parts actual potential 260 00:20:59,400 --> 00:21:07,200 so the actual one is when we talk about you as a public official taking some 261 00:21:05,520 --> 00:21:14,240 sort of action again that decision recommendation or approval with that 262 00:21:10,400 --> 00:21:20,440 with that action with certainty would have a financial impact on you your 263 00:21:18,279 --> 00:21:26,320 relatives or business that you are your relatives are associated with okay so 264 00:21:24,440 --> 00:21:31,159 what does that mean how how does this unfold okay so let me let me give you 265 00:21:28,480 --> 00:21:37,960 kind of a basic example let's just say um you're in charge of 266 00:21:34,720 --> 00:21:43,320 determining um who's going to do all the catering for all the City events for the 267 00:21:40,840 --> 00:21:50,279 next year okay and your father owns a catering 268 00:21:47,320 --> 00:21:58,039 business okay your father submits a bid for that particular 269 00:21:55,159 --> 00:22:04,080 job for that that role of being uh the cater for all the city's events for the 270 00:22:00,279 --> 00:22:09,000 next year okay so at this point you would have an actual conflictive 271 00:22:06,279 --> 00:22:14,039 interest because you are on the board that's deciding whether or not who's 272 00:22:10,480 --> 00:22:17,840 going to get this this contract and your father who is your relative who owns a 273 00:22:16,159 --> 00:22:24,240 catering business which is a business you are associated with has submitted a 274 00:22:20,960 --> 00:22:29,840 bid okay and you know that either approving or denying this bid is going 275 00:22:26,640 --> 00:22:36,360 to have a with certainty a financial effect on your father's catering 276 00:22:32,799 --> 00:22:41,240 business okay so the idea here is that the decision you make is with 277 00:22:39,039 --> 00:22:46,480 certainty going to have an effect on the business at your your father's catering 278 00:22:43,279 --> 00:22:51,799 business so that's an actual conflict of interest okay so the next one is going 279 00:22:50,200 --> 00:22:57,640 to be potential so potential it gets a little 280 00:22:54,919 --> 00:23:02,120 bit more muddy in this in this section so with a potential conflict of interest 281 00:22:59,840 --> 00:23:05,400 it's still that scenario where you the public official are taking some sort of 282 00:23:04,000 --> 00:23:10,039 action making a decision a recommendation or approval but this time 283 00:23:08,760 --> 00:23:14,000 it's unclear if let and let's go back to that 284 00:23:12,440 --> 00:23:19,320 example your father owning a catering business right so at this point you're 285 00:23:16,720 --> 00:23:23,440 just thinking of of bringing on or thinking of Contracting out a catering 286 00:23:21,520 --> 00:23:28,760 business you haven't really discussed it in depth but you're thinking about it 287 00:23:26,279 --> 00:23:32,720 and also your father uh who owns that catering business may 288 00:23:30,440 --> 00:23:37,600 or may not put in a bid at this point he doesn't even know about it and maybe 289 00:23:34,919 --> 00:23:41,240 You' said it in passing but he said you know what I I'm pretty good I think 290 00:23:39,440 --> 00:23:47,919 we're good for the year I may or may not depends on how things work so at this 291 00:23:44,600 --> 00:23:52,360 point it's a since it's just a possible Financial effect it's 292 00:23:49,600 --> 00:23:56,960 uncertain uh at that point it's potential okay so with potential it's 293 00:23:55,159 --> 00:24:01,559 always unclear it's not you can't see the financial gain or the the uh the 294 00:23:59,880 --> 00:24:07,159 financial detriment or the financial effect it's it's just not clear so 295 00:24:04,480 --> 00:24:12,720 that's where potential comes into play everybody with me so 296 00:24:10,039 --> 00:24:17,559 far all right okay all right so let me throw a scenario at 297 00:24:14,440 --> 00:24:23,080 you all right so you are reviewing and approving Grant applications government 298 00:24:20,400 --> 00:24:29,440 agencies colleges universities Public Schools public school districts and 299 00:24:25,399 --> 00:24:34,039 nonprofits are all eligible to apply the nonprofit your spouse works at has 300 00:24:31,919 --> 00:24:38,520 applied for the grant what I'll ask you first do you 301 00:24:36,440 --> 00:24:44,039 have a conflict of interest yes or no yes yes yes okay is it actual or 302 00:24:41,360 --> 00:24:49,760 potential actual all right so yes this is an 303 00:24:47,799 --> 00:24:55,640 actual conflict of interest all right good good call because the catch here is 304 00:24:53,600 --> 00:25:01,000 if you look at the at the final answer here nonprofit right 305 00:24:58,440 --> 00:25:05,640 but your spouse works there so they get they get a salary so there that 306 00:25:02,799 --> 00:25:10,159 Financial impact is for certain okay easy one all right let's let's change it 307 00:25:07,799 --> 00:25:15,000 up just a little bit all right your spouse serves on on the board of a 308 00:25:12,360 --> 00:25:20,440 nonprofit 51c corporation that has applied for the grant do you still have 309 00:25:16,760 --> 00:25:26,799 a conflict of interest potential you got it yep it's potential but actually you 310 00:25:24,480 --> 00:25:30,679 could you could go as far as saying no because 311 00:25:28,320 --> 00:25:36,159 uh your spouse serves on the board there's actually no Financial impact 312 00:25:33,080 --> 00:25:41,440 there at all so all right let's go one step further what if your spouse works 313 00:25:38,360 --> 00:25:48,760 for a school district as apply for a grant yes conflict of interest okay so 314 00:25:46,520 --> 00:25:52,840 let's think about that for a sec so remember a conflict of interest again my 315 00:25:51,360 --> 00:25:56,600 just be with me as I repeat is you're making a decision it's going to have a 316 00:25:54,399 --> 00:26:02,919 with have some type of financial effect on certain people okay in this case the 317 00:25:59,960 --> 00:26:07,200 school district is not a business okay so it bounces back to public body so you 318 00:26:05,720 --> 00:26:11,279 don't have a conflict of interest in this scenario because you're making a 319 00:26:08,600 --> 00:26:16,159 decision for a public body okay the decision is always going to be based 320 00:26:13,000 --> 00:26:21,440 upon uh the you your relative or business you're associated with so uh 321 00:26:19,799 --> 00:26:25,600 the idea here is that you're making decisions based on the school 322 00:26:23,559 --> 00:26:29,960 district ideally you're supposed to be making decisions on the school district 323 00:26:27,880 --> 00:26:33,320 um so this would not come into play as a conflict of 324 00:26:30,960 --> 00:26:40,159 interest everybody with me so far can I ask a question sure so the 325 00:26:37,679 --> 00:26:45,200 school district's applying for a grant so there's money 326 00:26:41,559 --> 00:26:51,640 involved yes I'm I'm not clear on why that's not a conflict of interest okay 327 00:26:47,480 --> 00:26:56,279 so just on the on the simplest terms the school district is not a business which 328 00:26:53,360 --> 00:26:56,279 you're associated 329 00:26:56,600 --> 00:27:05,080 with it's a school district it's a public body that's this that's simple as 330 00:27:02,360 --> 00:27:09,640 I can put it okay but the spouse works there 331 00:27:06,880 --> 00:27:15,520 yes but you're in a public body he's in a public or the spouse the person yes is 332 00:27:12,919 --> 00:27:21,600 in a public body and because they're both public bodies you got it okay thank 333 00:27:19,120 --> 00:27:25,279 you that's it that that's the one that everybody gets stuck on because they're 334 00:27:22,840 --> 00:27:30,760 just like well you know it's there's still a financial gain there yes for the 335 00:27:27,640 --> 00:27:34,919 School District it's not a business so the idea here is look if we if we break 336 00:27:33,399 --> 00:27:40,399 it down even simpler the idea here is you're not making decisions that's gonna 337 00:27:37,679 --> 00:27:43,760 uh be a financial gain for you personally or your relatives personally 338 00:27:42,200 --> 00:27:48,760 or their business the idea here is that it's the it's the school district yeah 339 00:27:46,159 --> 00:27:52,640 it isn't gonna line anybody's individual personal Pockets there you go I was 340 00:27:50,559 --> 00:27:56,880 gonna say that but I that's I I was trying to lean on that pretty hard but 341 00:27:54,840 --> 00:28:01,200 you got it so remember a conflict of interest is always going to be you as a 342 00:27:58,360 --> 00:28:04,399 public official uh making uh some type of decision that's going to have some 343 00:28:02,440 --> 00:28:10,080 type of financial impact on specific people okay so conflicts of interests 344 00:28:07,320 --> 00:28:14,360 exist okay that's that's that's a thing it happens it's it's it's not something 345 00:28:12,880 --> 00:28:18,360 that's like I have a conflict of interest I can't do this it it happens 346 00:28:16,360 --> 00:28:22,679 so there's steps you need to take so what if you are meant with a conflict of 347 00:28:20,039 --> 00:28:27,880 interest so if you're a board member a commissioner or elected official if it's 348 00:28:25,480 --> 00:28:31,039 a potential conflict of interest then you'll need to make that public 349 00:28:29,120 --> 00:28:35,200 announcement that you have a potential conflict of interest okay and you need 350 00:28:32,960 --> 00:28:39,760 to do this on each occasion before acting okay so let's go back to the yeah 351 00:28:37,799 --> 00:28:44,880 the father and the catering business okay so yeah you you're in a in a 352 00:28:42,279 --> 00:28:49,720 meeting and you're discussing uh the option for hiring a catering business 353 00:28:47,559 --> 00:28:53,760 for the year uh but you haven't really made any decisions yet that's the moment 354 00:28:51,559 --> 00:28:57,640 where you would step up and say um my father owns a catering business I have a 355 00:28:55,320 --> 00:29:02,519 potential conflict of interest uh each time this is brought up all right 356 00:29:00,120 --> 00:29:06,200 conflict it gets a little more specific I mean sorry actual conflict is where it 357 00:29:04,679 --> 00:29:09,360 gets a little bit more specific so at this point again you must make that 358 00:29:07,799 --> 00:29:15,120 Public Public Announcement uh on each occasion and at 359 00:29:13,080 --> 00:29:19,200 this point and we're talking now that you are actively looking for a catering 360 00:29:17,279 --> 00:29:24,159 business and your father has actually who the catering business actually put 361 00:29:20,840 --> 00:29:28,000 in a bid and at this point um you there's no participating discussion 362 00:29:26,159 --> 00:29:35,399 debate or voting okay so you have to step 363 00:29:31,159 --> 00:29:42,640 back all right so there is a catch to this though so the idea here is 364 00:29:39,360 --> 00:29:47,840 that if a public official's vote is necessary to meet 365 00:29:45,039 --> 00:29:51,720 Quorum then at that point you still make that Public 366 00:29:49,320 --> 00:29:55,559 Announcement but also you may not discuss or be part of the debate okay so 367 00:29:54,279 --> 00:30:00,559 you make that announcement yeah my father owns a catering business 368 00:29:57,919 --> 00:30:06,440 um I can't be part of this discussion and of course at that point you may vote 369 00:30:03,120 --> 00:30:12,640 okay the idea behind this provision is that Oregon government keeps moving 370 00:30:09,640 --> 00:30:17,960 forward okay so we don't get stuck behind uh not be able to make Quorum not 371 00:30:15,360 --> 00:30:25,080 be able to move forward this is is in here to provide that for you all 372 00:30:21,600 --> 00:30:30,440 right okay so conflicts of interest that was the hard one any questions for me on 373 00:30:28,559 --> 00:30:35,919 conflicts of interest what's 374 00:30:32,480 --> 00:30:40,279 up um so you know I I think in the past ethics change that I've had it's it's 375 00:30:38,279 --> 00:30:44,720 really it's as you said that that that the the business of whatever the entity 376 00:30:42,279 --> 00:30:48,919 is has to move forward but as long as you're transparent and you announce 377 00:30:46,399 --> 00:30:54,159 every time and you refrain from any participation then ethically you're 378 00:30:51,000 --> 00:31:00,399 covered absolutely yeah that's exactly it you know it's the idea here is that I 379 00:30:58,000 --> 00:31:04,919 mean when you when you start kind of again on simplest terms you know you 380 00:31:03,120 --> 00:31:08,919 don't want to be on the board and and have your you know your father's 381 00:31:06,919 --> 00:31:12,639 catering business doing all the catering your brother's construction business 382 00:31:10,480 --> 00:31:16,880 doing all the construction your your son's landscaping business doing all the 383 00:31:14,720 --> 00:31:22,080 Landscaping I mean that's that's kind of what's going on here so are you jumping 384 00:31:19,440 --> 00:31:28,880 ahead to nepotism oh my God little a little bit here here's the thing um we I 385 00:31:26,799 --> 00:31:32,960 I Tred to put this in all the in all the in all the trainings but they all 386 00:31:30,799 --> 00:31:37,919 overlap just a little bit I mean they all overlap 387 00:31:35,200 --> 00:31:42,679 so um so conflicts of interest that's easy let's go into use of office so use 388 00:31:39,799 --> 00:31:50,600 of office is basically you are prohibited from using your official 389 00:31:46,399 --> 00:31:56,039 position or your official uh use of office uh for financial gain or uh you 390 00:31:54,200 --> 00:32:01,120 also may not attempt to use your official position for financial gain or 391 00:31:58,600 --> 00:32:05,360 avoidance of financial detriment okay so this one expands a little bit further 392 00:32:02,760 --> 00:32:10,120 this one says this this applies to not only yourself your relative or a 393 00:32:08,360 --> 00:32:14,840 business that your uh that you or your relative are associated with but this 394 00:32:12,080 --> 00:32:20,480 goes further into household member okay so um and this could look like a lot of 395 00:32:18,320 --> 00:32:26,360 different things okay so this could look like um using an agency vehicle to run 396 00:32:24,360 --> 00:32:30,679 your personal errands on the clock okay it could be 397 00:32:27,600 --> 00:32:36,679 uh using the copy machine it could be uh parking your RV on County property um 398 00:32:34,799 --> 00:32:41,039 just because no one has told you you couldn't um the idea here is that you 399 00:32:39,159 --> 00:32:44,399 know you parking your RV on County property it may be in a back lot 400 00:32:42,840 --> 00:32:48,600 somewhere but you're avoiding those storage fees that you would have to pay 401 00:32:45,919 --> 00:32:53,519 somewhere else okay um um also you can't create an 402 00:32:51,559 --> 00:32:58,840 opportunity for yourself as well in your role as a public official so prohibiting 403 00:32:56,240 --> 00:33:02,919 Uso office again looks like a lot of different 404 00:33:00,279 --> 00:33:07,919 things but what you always want to ask yourself is do I only do I have this 405 00:33:05,600 --> 00:33:14,880 opportunity only because of my role as a public official and if the answer is yes 406 00:33:10,120 --> 00:33:20,000 then it's probably prohibited okay so um I mean we have tons of examples like 407 00:33:17,679 --> 00:33:20,000 these go 408 00:33:20,279 --> 00:33:28,159 ahead um I was going to say reflecting back on that too uh one of the other 409 00:33:25,320 --> 00:33:33,600 sort of decision points was would an average person in in the public 410 00:33:31,639 --> 00:33:39,200 sector have the same opportunity in other words could they Park their IV in 411 00:33:36,240 --> 00:33:43,320 the public works lot you know if the answer is no then that answers your 412 00:33:40,799 --> 00:33:49,120 question you yeah yeah it always goes back to do I myself only have this 413 00:33:47,559 --> 00:33:53,440 opportunity because of the position I hold and like I said it could be I mean 414 00:33:51,600 --> 00:33:59,760 these are things that that come to us quite a bit I mean things like uh we've 415 00:33:56,399 --> 00:34:06,480 had uh complaints where uh people were taking home uh pressure washers from 416 00:34:04,200 --> 00:34:10,040 from different public bodies you know maintenance facilities and pressure 417 00:34:08,480 --> 00:34:15,320 washing their home their driveways and doing their neighbors and then taking it 418 00:34:11,760 --> 00:34:22,280 back to work on on Monday morning leaf blowers um people taking home agency 419 00:34:19,000 --> 00:34:25,679 vehicles uh I mean there is a catch and we're going to talk about these in the 420 00:34:23,440 --> 00:34:28,960 next couple slides but just kind of always remember this opport is only 421 00:34:27,679 --> 00:34:34,919 available to you because of the position you hold and it's probably not allowed 422 00:34:30,720 --> 00:34:40,560 and so um this is one where a classic example of of reaching out to us if you 423 00:34:37,000 --> 00:34:45,000 have a a question or concern uh about something that you may be doing that you 424 00:34:43,119 --> 00:34:48,760 that that you may not think is allowed okay so we'll get into the exceptions 425 00:34:46,560 --> 00:34:54,000 here because this is kind of what we're alluding to so first one's going to be 426 00:34:51,520 --> 00:34:56,720 your official compensation package so your official compensation package I 427 00:34:55,520 --> 00:35:01,119 know everyone kind of thinks of okay well it's your salary it's your 428 00:34:58,040 --> 00:35:05,800 Healthcare it's your 401k but this could go further so depending on your public 429 00:35:03,119 --> 00:35:09,800 body they may actually have more for you and it may be something like to the 430 00:35:07,720 --> 00:35:14,800 effect of well if you work for the city you get to park for free on City on on 431 00:35:12,280 --> 00:35:18,680 the city lot okay everyone else has to pay but because you're a city a public 432 00:35:16,920 --> 00:35:22,160 official City employee then you are allowed to park in that lot for free 433 00:35:20,400 --> 00:35:25,839 that that may be part of your compensation 434 00:35:24,000 --> 00:35:31,440 okay so another one's going to be honorarium an honorarium is something 435 00:35:28,280 --> 00:35:35,119 that um you may have been given in return for like giving a speech or a 436 00:35:33,240 --> 00:35:39,000 presentation and this is something that there was no price set in the beginning 437 00:35:36,800 --> 00:35:43,640 you you gave a speech a presentation you you you showed up and spoke to a group 438 00:35:40,680 --> 00:35:47,320 of people and afterwards they uh they wanted to give you a certificate or a 439 00:35:45,200 --> 00:35:52,400 plaque or they wanted to give you a gift card that's allowed just make sure that 440 00:35:50,760 --> 00:35:56,640 um you're aware that there is a $50 limit on 441 00:35:53,800 --> 00:36:01,520 that and then reimbursements again this go goes back to uh if your public body 442 00:35:59,480 --> 00:36:08,240 allows reimbursements for certain things so this may be uh for example 443 00:36:05,240 --> 00:36:12,960 uh um if you had to pay upfront to go to a conference uh and the public body has 444 00:36:11,079 --> 00:36:19,079 agreed to reimburse you for those registration fees or in my case I travel 445 00:36:17,319 --> 00:36:24,640 sometimes uh I'm allowed to see reimbursement for my meals so uh just 446 00:36:22,280 --> 00:36:28,640 make sure that uh the reimbursements is something that your public body has 447 00:36:26,400 --> 00:36:31,720 agreed to and when I say agreed to it's in writing so this is always going to be 448 00:36:30,280 --> 00:36:36,319 in writing all right go a little bit 449 00:36:33,800 --> 00:36:39,720 further uh unsolicited unsolicited professional Achievement Award this is 450 00:36:37,720 --> 00:36:44,160 going to be something like uh winning the teacher of the year award or maybe 451 00:36:41,720 --> 00:36:50,839 you won the Nobel Prize okay these are allowed okay um don't confuse them with 452 00:36:49,200 --> 00:36:55,000 appreciation Awards this is one acknowledging your role as a 453 00:36:52,960 --> 00:36:58,880 profession and then a legal expense trust fund contribution so this this is 454 00:36:56,920 --> 00:37:03,760 something that's set up through US basically what it is it's a trust fund 455 00:37:00,599 --> 00:37:09,440 to help pay for any legal fees that a public official May incur in their role 456 00:37:06,079 --> 00:37:14,599 as a public official um heads up there's I believe there's one account with us 457 00:37:12,720 --> 00:37:20,480 and it's not even active so that tells you how popular this item is um from 458 00:37:18,240 --> 00:37:24,560 what I've been told it's it's very complicated it's not easy and it's set 459 00:37:22,200 --> 00:37:29,760 up through us so I was told if anyone has uh questions or concerns about this 460 00:37:27,040 --> 00:37:34,800 reach out to us uh and we can walk you through that all right so let me throw a 461 00:37:33,400 --> 00:37:38,599 scenario at you and just tell me the number I'll I'll read them out and just 462 00:37:36,160 --> 00:37:43,280 yell the number out at me uh using your which is which one is the violation so 463 00:37:40,599 --> 00:37:47,599 using your agency's open wi-fi network on a personal device during breaks 464 00:37:45,960 --> 00:37:51,599 number two picking up your spouse from the airport and Acy 465 00:37:49,240 --> 00:37:55,280 vehicle uh number three taking home Surplus computer equipment that was 466 00:37:53,200 --> 00:38:01,200 going to be thrown out anyway or number four accepting a gift 467 00:37:58,280 --> 00:38:09,040 card for being a speaker at an event so what do you think I see two two 468 00:38:06,119 --> 00:38:12,960 yeah two is easy and I see a three okay all right so let me run through them 469 00:38:10,200 --> 00:38:17,000 real quick so yeah the first one that's that's a no-brainer right you're using 470 00:38:14,880 --> 00:38:22,160 your agency's open wi-fi so anyone can get on it on your personal device on 471 00:38:19,640 --> 00:38:27,119 your break no violation there number two obvious you're using the agency vehicle 472 00:38:24,440 --> 00:38:30,880 to pick up respon from the airport a gas if you're doing on the clock it's agency 473 00:38:28,560 --> 00:38:33,920 time that's that's all I no no so number three taking home Surplus computer 474 00:38:32,800 --> 00:38:39,839 equipment that was going to be thrown out anyway this goes back to is this 475 00:38:37,240 --> 00:38:44,160 opportunity to take this computer uh computer equipment home only available 476 00:38:42,160 --> 00:38:48,640 to me because of my role as a public official and so this is totally that 477 00:38:46,040 --> 00:38:53,640 scenario so the idea here is when it comes to uh in this scenario you would 478 00:38:51,839 --> 00:38:57,880 either need depending on your public body's policy or procedure it would 479 00:38:56,359 --> 00:39:02,599 either either need to be turned into Surplus and at that point you can go to 480 00:38:59,480 --> 00:39:09,119 the Surplus and buy it there or uh set it out in the lobby if you 481 00:39:05,319 --> 00:39:13,720 have a Lobby and put a free sign on it um maybe post it on your website uh but 482 00:39:11,880 --> 00:39:19,079 the idea here is that as long as the public has an opportunity to purchase 483 00:39:16,000 --> 00:39:23,040 this equipment um then it would not be a violation but in this case it would be 484 00:39:20,839 --> 00:39:26,200 so yall did good on that one number four we already know that one $25 gift card 485 00:39:24,920 --> 00:39:30,359 for a speaker round vent that would fall under 486 00:39:28,200 --> 00:39:34,960 honorarium all right so remember prohibited gains is always going to be 487 00:39:32,599 --> 00:39:40,520 uh not just that Financial benefit but also avoid an expense 488 00:39:37,680 --> 00:39:45,800 so this is even if it does not result in any cost of the public 489 00:39:42,480 --> 00:39:52,480 body all right so this is this is level one so I'll throw a question out at 490 00:39:49,480 --> 00:39:57,119 you and tell me what you think all right your public body has an 491 00:39:54,920 --> 00:40:01,280 account that gets a 50% discount at local hardware store while doing your 492 00:39:59,680 --> 00:40:07,839 personal shopping you ask for the public body's discount have you violated ethics 493 00:40:04,800 --> 00:40:11,720 law I'm seeing the nods yeah absolutely okay yeah because that opportunity to 494 00:40:09,839 --> 00:40:16,640 get that 50% discount is only there because your public body has a discount 495 00:40:14,079 --> 00:40:21,760 there yeah you can't do it uh one one thing that's come up in the past was 496 00:40:18,839 --> 00:40:25,359 well what if I use my own credit card and I don't use the discount but I get 497 00:40:24,280 --> 00:40:30,160 the points okay so if you're purchasing 498 00:40:28,240 --> 00:40:33,160 things for your public body and your public body is reimbursing you and 499 00:40:31,640 --> 00:40:39,079 you're keeping those points then yeah that would be that would be a 500 00:40:36,240 --> 00:40:45,119 violation all right any questions for me so 501 00:40:40,640 --> 00:40:45,119 far how's the pace am I moving too 502 00:40:45,160 --> 00:40:52,640 fast okay thumbs up awesome all right so again you heard me say these things 503 00:40:50,560 --> 00:41:00,119 overlap now we get into private deployment so you heard me say already 504 00:40:56,480 --> 00:41:06,960 that uh a lot of public officials like yourselves are are not uh are not 505 00:41:03,200 --> 00:41:10,760 compensated by your public body okay so that means that you probably have a some 506 00:41:09,319 --> 00:41:15,359 you work for someone or you have your own business and that's perfectly fine 507 00:41:12,760 --> 00:41:20,560 we get that that's okay the idea here though is that you can't create an 508 00:41:18,040 --> 00:41:24,079 opportunity for your private employer or for your business in your role as a 509 00:41:22,640 --> 00:41:29,000 public official so you have to make sure that 510 00:41:26,359 --> 00:41:34,040 there is clear distinction between your role in your private employment and your 511 00:41:31,599 --> 00:41:40,200 role as a public official and that you do not create opportunities uh for your 512 00:41:38,040 --> 00:41:47,800 private business or your employer in your role as a public official okay so 513 00:41:43,520 --> 00:41:52,119 this is either directly or indirectly um the idea here is that uh this is the 514 00:41:50,560 --> 00:41:58,160 example that came up in in one of our trainings was um well let's say I own a 515 00:41:55,240 --> 00:42:03,400 I own a t-shirt printing business and uh on the side uh would it be all right for 516 00:42:00,800 --> 00:42:08,560 me to suggest that we all get matching printed T-shirts and uh I mean I'll put 517 00:42:06,800 --> 00:42:14,280 in a bid doesn't mean I'll get it but I'll put in a bid well yeah no you just 518 00:42:12,000 --> 00:42:18,440 you not only have you violated the prohibited use of office but you know 519 00:42:16,200 --> 00:42:25,280 you're also skating on that conflict of interest issue as well so um so how they 520 00:42:22,520 --> 00:42:29,839 kind of draw the line in this is that you want to make sure that you use no 521 00:42:27,559 --> 00:42:35,640 governmental body time uh you use no governmental body 522 00:42:33,520 --> 00:42:40,960 resources that includes your fellow employees too you can't go over to like 523 00:42:38,200 --> 00:42:45,440 for example we have uh we have a lawyer on staff and so I can't go to her and 524 00:42:43,079 --> 00:42:49,240 say hey uh you know can you help me out with this contract I'm trying to get 525 00:42:47,000 --> 00:42:52,040 that that wouldn't work either so uh no official action that would financially 526 00:42:50,960 --> 00:42:57,280 impact your business uh no confidential information 527 00:42:54,880 --> 00:43:01,400 obtained and then and disclose all conflicts of interest now I just want to 528 00:42:59,079 --> 00:43:07,720 back up a moment this this is not just you this is you your relative a member 529 00:43:05,119 --> 00:43:11,319 of your household or a business that you or your relative or member of your 530 00:43:09,000 --> 00:43:18,119 household is associated with all right everybody with me so far 531 00:43:15,800 --> 00:43:22,480 all right awesome okay so next one's going to be employment and contracts and 532 00:43:20,640 --> 00:43:28,920 so this one comes up from time to time as well so uh the idea here is that you 533 00:43:26,640 --> 00:43:33,480 as a public official if you played a significant role in authorizing a 534 00:43:30,880 --> 00:43:38,160 contract then you cannot work under that contract from a period of two years from 535 00:43:35,520 --> 00:43:42,359 date of authorization okay so what does that mean well that just means that 536 00:43:40,440 --> 00:43:46,680 let's say for example Your Role is a public official uh you played a 537 00:43:45,040 --> 00:43:49,359 significant role in authorizing a contract and that's a that's a broad 538 00:43:48,119 --> 00:43:53,720 term by the way when they say significant role it's not just you 539 00:43:51,200 --> 00:43:58,440 signed it maybe you were on a selection committee for vendors or uh or or 540 00:43:56,640 --> 00:44:02,640 selecting a contractor executing a contractor recommending approval there's 541 00:44:00,119 --> 00:44:07,559 my serving on a selection committee maybe you were just pricing vendors okay 542 00:44:05,280 --> 00:44:12,480 if you played a significant role in that contract then uh you are restricted from 543 00:44:10,800 --> 00:44:16,880 working under that same contract for a period of two years so what does that 544 00:44:14,720 --> 00:44:21,839 mean okay let's say for example 545 00:44:18,640 --> 00:44:26,920 um uh you you you're part of this contract and uh you've signed on this 546 00:44:25,040 --> 00:44:33,559 company and the company come back and said hey uh you know I know you're on 547 00:44:30,760 --> 00:44:39,839 the planning board of uh the city of Carlton uh we really could use a um 548 00:44:37,920 --> 00:44:45,280 project manager on this new contract we were just awarded I know you had a hand 549 00:44:41,920 --> 00:44:47,960 in it and I'd like you to to hire you uh come on board and help us with this 550 00:44:46,640 --> 00:44:54,800 since you know the inner workings of what's going on here um uh of course 551 00:44:52,200 --> 00:44:59,960 that's nice of them but for us ethics involved it'd be a per period of two 552 00:44:56,520 --> 00:45:03,160 years so um once those two years passes then if they still need that project 553 00:45:01,240 --> 00:45:08,880 manager then yeah you could move on then but um it would be a violation if you 554 00:45:06,400 --> 00:45:14,880 did otherwise okay so or if you did it within that twoe PS 555 00:45:12,040 --> 00:45:19,640 to your stretch all right everybody with me so 556 00:45:16,200 --> 00:45:24,880 far okay all right so let me throw a trick question at 557 00:45:21,760 --> 00:45:27,880 you all right and this is a tricky one I didn't talk about it I think yall 558 00:45:26,240 --> 00:45:31,800 already have a handle on this so in addition to your role as a public 559 00:45:29,119 --> 00:45:36,280 official you also own your own business can you promote your business by posting 560 00:45:34,000 --> 00:45:41,720 flyers in the agency breakroom I see a big big no from Anette 561 00:45:39,760 --> 00:45:46,280 okay so here's the deal with this training this this is this training was 562 00:45:43,920 --> 00:45:51,520 put in place before I came on board and so it's a total like got you question 563 00:45:49,920 --> 00:45:55,880 because the correct answer because there's polling involved when when when 564 00:45:53,319 --> 00:46:01,040 I host the trainings um I have access to to polling questions in the training and 565 00:45:58,520 --> 00:46:05,760 and the idea here is no you would not be able to okay 566 00:46:03,000 --> 00:46:11,839 unless that bulletin board it was in the break room and that break room was open 567 00:46:07,920 --> 00:46:17,440 to the public okay so that's when you do the polling yeah right it's like all 568 00:46:13,960 --> 00:46:21,960 right so yeah um yeah the idea here is yes you could post it if the area is 569 00:46:19,119 --> 00:46:25,280 open to the public okay so that's the catch remember if if the opportunity if 570 00:46:23,960 --> 00:46:30,240 the opportunity is available to the public then it's not a violation or 571 00:46:27,960 --> 00:46:35,760 prohibited use of office all 572 00:46:31,960 --> 00:46:41,440 right any questions on that wow okay I'm gonna throw another 573 00:46:39,240 --> 00:46:47,200 one at you all right your public body contracts 574 00:46:44,400 --> 00:46:51,079 with a consulting firm your spouse is recently employed by this firm but does 575 00:46:48,839 --> 00:46:54,800 not work on agency related projects would you have a conflict of 576 00:46:53,079 --> 00:47:00,839 interest if a Contracting matter involving the firm came before 577 00:46:57,480 --> 00:47:00,839 you what do you 578 00:47:02,079 --> 00:47:09,040 think oh you're you're you're muted andette I I saw you looks like you said 579 00:47:07,440 --> 00:47:14,319 something potential all right interest okay let me 580 00:47:12,200 --> 00:47:19,800 ask you this why potential because he's not working on 581 00:47:16,640 --> 00:47:27,040 any agency related projects I I like where you're going with this but this is 582 00:47:23,720 --> 00:47:30,839 actual because you're spouse is employed by the 583 00:47:27,880 --> 00:47:36,440 firm and is a business which you are associated with doesn't matter what 584 00:47:32,480 --> 00:47:40,480 department your spouse works at they are that is a business which you're 585 00:47:37,559 --> 00:47:47,839 associated with so it doesn't matter if if um if they uh work in let's say the 586 00:47:44,880 --> 00:47:52,960 mail room or if they're on the board or if they're a clerk the idea here is it's 587 00:47:51,200 --> 00:47:57,720 still a business you're associated with regardless of of what department 588 00:47:58,040 --> 00:48:04,640 actually it's yeah it's the third little uh bullet or the third it's not a 589 00:48:02,839 --> 00:48:09,119 paragraph but the third item there that actually spells that out and I I kind of 590 00:48:07,319 --> 00:48:13,720 breezed on through that so that was me yep it's okay these are all trick 591 00:48:11,920 --> 00:48:18,400 questions some of them are easy some of them are tough they and I and I I have 592 00:48:16,720 --> 00:48:23,079 to say I'm just smiling to myself because I recently retired a couple 593 00:48:21,160 --> 00:48:28,160 years ago from the county and had so many of these and I I've 594 00:48:26,000 --> 00:48:34,640 dealt with a few people there at the ethics commission with a lot of these 595 00:48:31,079 --> 00:48:39,119 with yo County officials so it's it's kind of an interesting little little 596 00:48:36,319 --> 00:48:43,400 evening here yeah I I thought I see your name on the on the thing here anette's 597 00:48:40,880 --> 00:48:49,400 iPad I was like that sounds familiar I think we've seen your name do we have a 598 00:48:45,599 --> 00:48:49,400 conflict of interest oh my 599 00:48:49,440 --> 00:48:57,359 gosh stop talking all right awesome okay so uh any 600 00:48:55,760 --> 00:49:01,400 questions so far all right let's go ahead and move 601 00:48:59,559 --> 00:49:07,920 into nepotism like you said these all over overlap a little bit right so a 602 00:49:05,119 --> 00:49:11,880 nepotism the nepotism rules apply to and you saw these definitions earlier right 603 00:49:09,520 --> 00:49:17,559 it's going to be relatives it's also going to be household members okay so in 604 00:49:15,000 --> 00:49:21,799 general nepotism and I'm going to give you the long drwn out version and I'm 605 00:49:18,960 --> 00:49:28,040 GNA give you my version of it um in general the way it works is a public 606 00:49:24,359 --> 00:49:34,480 official uh cannot directly engage in the personal employment by our public 607 00:49:31,520 --> 00:49:40,400 body that would impact the employment of a relative or a member of your 608 00:49:37,920 --> 00:49:46,440 household so what does that mean that means you cannot participate in the uh 609 00:49:43,359 --> 00:49:52,079 interview discussion or um or debate in any public body that 610 00:49:49,680 --> 00:49:57,440 would affect the employment of your the a relative or member of your household 611 00:49:53,520 --> 00:50:03,680 so this includes uh appointing employing promoting discharging firing or 612 00:50:00,200 --> 00:50:08,000 demoting okay and for me it's easy the way I think of it 613 00:50:04,880 --> 00:50:12,960 is as a public official you can't participate in the hiring or firing 614 00:50:10,880 --> 00:50:18,960 promoting or demoting of a relative or member of your household that's that's 615 00:50:14,599 --> 00:50:23,920 the simple way to to put it now it goes a little bit further you also can't 616 00:50:20,920 --> 00:50:30,760 participate in the interview process the discussion um or debate too again you 617 00:50:26,880 --> 00:50:35,640 can't be part of the hiring firing promoting or demoting okay so not only 618 00:50:34,280 --> 00:50:41,680 can you not do that you can't be part of the discussion either so um now here's 619 00:50:38,640 --> 00:50:46,880 the catch unless your public body has something in place that allows it okay 620 00:50:44,520 --> 00:50:51,880 so we already know in Oregon there's a lot of small towns not a whole lot of 621 00:50:49,480 --> 00:50:57,440 folks and if there's a policy that allows it then we want you need to make 622 00:50:53,680 --> 00:50:57,440 sure that it's in writing 623 00:50:58,119 --> 00:51:10,000 all right it goes one step further okay so you cannot uh directly 624 00:51:05,040 --> 00:51:13,319 supervise uh your U household member or uh I'm sorry your relative or member of 625 00:51:11,640 --> 00:51:18,200 your household so even if they work there you can't supervise them at all 626 00:51:15,799 --> 00:51:24,480 okay again unless your public body has uh policies in 627 00:51:21,119 --> 00:51:30,920 place all right so scratch that now if there're a unpaid volunteer then yeah 628 00:51:27,520 --> 00:51:35,040 you are totally allowed to uh supervise and participate in any hiring firing 629 00:51:33,319 --> 00:51:39,400 promoting and demoting if they're volunteers so that that's where uh they 630 00:51:37,720 --> 00:51:44,280 kind of draw the line if they're they're pay that's one set of rules if they're 631 00:51:41,119 --> 00:51:49,480 volunteers it's another set of rules now let me take a moment to just back up for 632 00:51:45,880 --> 00:51:58,920 a sec because on the on the supervision part of nepotism um it does say that you 633 00:51:53,640 --> 00:52:03,400 are allowed uh to supervise uh a relative or member of your household in 634 00:52:00,880 --> 00:52:09,839 ministerial acts okay so they can make copies they can uh they can send out the 635 00:52:07,319 --> 00:52:15,960 mail uh they can handle fax machines if y'all are still using a fax uh filing 636 00:52:12,760 --> 00:52:15,960 small things like that that's 637 00:52:16,559 --> 00:52:27,280 allowed all right any questions so far yeah I see one go ahead how about um 638 00:52:22,480 --> 00:52:27,280 Financial oversight of their Department 639 00:52:28,280 --> 00:52:34,200 oh that's a good [Music] 640 00:52:31,359 --> 00:52:39,520 question and that's one I have not had that 641 00:52:36,240 --> 00:52:42,079 question so what I'm going to do is I'm writing this 642 00:52:44,880 --> 00:52:53,720 down because I haven't had that question so I always defer to um you can't you 643 00:52:51,920 --> 00:52:58,680 know hire fire promo or demote but you also can't directly supervise 644 00:52:55,920 --> 00:53:02,319 but you're talking now about um as I'm thinking about now you're if you're 645 00:53:00,079 --> 00:53:07,280 making that Financial oversight it it might it it just right 646 00:53:05,079 --> 00:53:11,319 off the top this is just my opinion but right off the top it sounds like it's 647 00:53:09,079 --> 00:53:15,280 going back to if you're making decisions that's going to affect the public body 648 00:53:13,799 --> 00:53:21,000 then that's not a business which you're associated with so it's probably going 649 00:53:18,119 --> 00:53:25,640 to go back to that but I don't like giving you the wishy-washy answer I like 650 00:53:22,720 --> 00:53:29,799 double-checking things so uh let me do this I I'll hit Amy up tomorrow and I'll 651 00:53:28,280 --> 00:53:34,040 shoot everyone an email with an answer to that question so that we're we're all 652 00:53:31,680 --> 00:53:38,400 on the same page that's a good question though I've not had that one all right 653 00:53:36,240 --> 00:53:46,319 so here's I'm GNA quiz you real quick all right so choose all that apply 654 00:53:41,319 --> 00:53:51,839 nepotism rules apply to your a cousins B children C 655 00:53:48,400 --> 00:53:57,160 roommates D parents e grandparents F foster children 656 00:53:58,559 --> 00:54:05,599 and this is just on the service we're not going to get into the whole you know 657 00:54:02,960 --> 00:54:09,720 the gray area who may be living in your household this is strictly based upon uh 658 00:54:08,280 --> 00:54:14,680 the statutes what do y'all think tell me the 659 00:54:13,040 --> 00:54:18,119 two that wouldn't count how's that we'll make it 660 00:54:15,960 --> 00:54:24,079 easier you think I gave it a unless they're living with you 661 00:54:22,000 --> 00:54:30,520 correct and you know it could be D or E unless 662 00:54:28,200 --> 00:54:35,400 they're living with you oh wait a minute no parents were included but 663 00:54:31,920 --> 00:54:40,280 Grandparents were not right you got it but foster children okay so grandparents 664 00:54:38,000 --> 00:54:43,440 are are not unless they're living with you and if they're your foster children 665 00:54:42,040 --> 00:54:46,559 you're gonna assume they're living with you but they could be your adult foster 666 00:54:45,280 --> 00:54:51,599 children so okay so yeah in in general foster 667 00:54:49,960 --> 00:54:57,920 children yes would be a member of your household so um you got it so by the by 668 00:54:55,720 --> 00:55:03,160 the definitions we saw earlier um as a relative or member of 669 00:55:00,960 --> 00:55:07,440 your household in that scenario cousins and grandparents they don't count okay 670 00:55:06,160 --> 00:55:11,359 it doesn't mean we don't love them they just they don't count in the 671 00:55:09,720 --> 00:55:18,319 statutes okay any questions so 672 00:55:15,000 --> 00:55:24,480 far all right so uh I keep saying this but um gifts I say I keep saying this in 673 00:55:22,160 --> 00:55:27,240 a lot of trainings gifts is the toughest one 674 00:55:25,599 --> 00:55:32,440 I I think conflicts of interests is Pretty Tough PR use of office it's okay 675 00:55:30,559 --> 00:55:36,359 but gifs is a tough one because 676 00:55:33,960 --> 00:55:40,680 um there's so many different scenarios in which a public official will receive 677 00:55:37,640 --> 00:55:45,599 a gift okay so we have to kind of break this down and just let me give you heads 678 00:55:43,400 --> 00:55:51,440 up your acceptance of the gift is always going to depend on your role as a public 679 00:55:49,119 --> 00:55:58,160 official and your decision-making Powers okay so um on the surface uh just 680 00:55:55,680 --> 00:56:03,440 remember also with gifts it's us as individuals as public officials to be 681 00:56:00,359 --> 00:56:08,920 responsible for what what we accept as far as gifts are concerned so it is our 682 00:56:06,079 --> 00:56:13,039 responsibility so first thing is is what a GI what is a gift and this is the 683 00:56:10,960 --> 00:56:18,480 statutes definition I know what a gift is okay I know when someone's giving me 684 00:56:14,880 --> 00:56:22,319 something but the idea here is um we have to Define it for the purpose of the 685 00:56:20,839 --> 00:56:26,039 training and the statute so first thing it says is GI to something of economic 686 00:56:24,160 --> 00:56:31,319 value all right it's given without equivalent 687 00:56:29,079 --> 00:56:37,319 payment and it's given to a public official a relative or household 688 00:56:34,880 --> 00:56:41,240 member and it's not offered to others on the same terms and conditions so I'm 689 00:56:39,400 --> 00:56:44,160 kind of like okay you just made a gift all weird and I don't understand what's 690 00:56:42,720 --> 00:56:50,559 going on here so here's here's how I break it down so if a local coffee shop 691 00:56:47,760 --> 00:56:54,680 is sending out mailers for a buy one get one free coffee and it's they're sending 692 00:56:52,440 --> 00:56:59,680 out to everyone that lives in the city is is it a 693 00:56:56,599 --> 00:57:02,720 gift it's a coupon yeah it's a coupon it's it's a mailer it's going out to 694 00:57:01,119 --> 00:57:05,799 everyone yeah it's it has some value you're buying one coffee and you get 695 00:57:03,920 --> 00:57:10,920 another one free but it's offered to everyone in the city okay now if I go 696 00:57:08,480 --> 00:57:14,119 into that same coffee shop on my own and I go to buy a cup of coffee and the 697 00:57:12,400 --> 00:57:19,559 manager says hey that's Charlie he's with the ethics commission hey this 698 00:57:15,920 --> 00:57:24,400 coffee is on me is it a gift absolutely it's a gift okay because 699 00:57:22,599 --> 00:57:28,839 at this point it's only offered to me he's only buying me the cup of coffee it 700 00:57:26,400 --> 00:57:33,400 is worth value right it's given to me without that equivalent payment and even 701 00:57:31,000 --> 00:57:37,200 if even if my spouse goes in or one of my Rel a relative or member my hous girl 702 00:57:35,480 --> 00:57:43,920 goes in and gets that same free cup of coffee then it's a gift okay so that's 703 00:57:42,280 --> 00:57:47,520 how I kind of break it down if is something that's given to you it's worth 704 00:57:45,599 --> 00:57:50,520 something they're only giving it to you you're not making an equivalent payment 705 00:57:48,760 --> 00:57:55,160 for it then it's absolutely gift if it's offered to others on the same terms and 706 00:57:52,119 --> 00:58:00,880 conditions not a gift so we got gift out of the way we kind of hinted at what is 707 00:57:56,880 --> 00:58:06,799 not a gift it's basically this first thing is your official compensation okay 708 00:58:04,000 --> 00:58:12,400 so remember this is Broad right so this isn't just your salary and your 401k or 709 00:58:09,760 --> 00:58:16,160 your um your health care this includes anything else that your your public body 710 00:58:14,960 --> 00:58:21,760 compensates you with and that's that free parking downtown uh 711 00:58:19,319 --> 00:58:26,520 maybe maybe they let let you take the vehicle home if you have uh overnight 712 00:58:24,319 --> 00:58:30,119 travel you get back into town late that's allowed just make sure that's in 713 00:58:27,839 --> 00:58:35,039 writing anything else your public body gives you as far as compensation that's 714 00:58:31,839 --> 00:58:40,480 in writing that's not a gift also if it's available to the public okay 715 00:58:37,559 --> 00:58:44,400 so one of the things we talk about a lot in here and what we get a lot of 716 00:58:42,119 --> 00:58:48,359 questions about are Swag Bags and I just found out uh when I came on with the 717 00:58:46,319 --> 00:58:52,440 ethics commission I knew what a swag bag was but I didn't know what the 718 00:58:49,480 --> 00:58:59,599 definition of it was swag bag is stands for stuff we all get I did not know this 719 00:58:56,119 --> 00:59:04,559 so uh I learned something new but here's my scenario since I brought it up your 720 00:59:02,000 --> 00:59:08,400 agency sending you to a conference attendees of the event consist of 721 00:59:06,160 --> 00:59:12,680 colleagues stakeholders vendors and members of the general 722 00:59:10,000 --> 00:59:17,599 public a a vendor at the event is handing out a free swag 723 00:59:15,000 --> 00:59:21,359 bag all right so we have to kind of analyze this a little bit I can already 724 00:59:19,880 --> 00:59:25,559 tell you right now if it's being offered to members of the general public then I 725 00:59:23,559 --> 00:59:30,119 could probably hang on to that swag bag but we have to go to this 726 00:59:27,640 --> 00:59:34,319 analysis so is it something of economic value all right so you open up the swag 727 00:59:32,200 --> 00:59:39,799 bag Swag Bags usually what sunglasses uh a stress squeeze thing 728 00:59:38,000 --> 00:59:43,079 something that lights up a keychain a lanyard uh may not be much but it is 729 00:59:42,039 --> 00:59:47,400 worth something um is it given to you an an 730 00:59:45,640 --> 00:59:50,960 official a public official relative or member of your household is he given 731 00:59:49,680 --> 00:59:54,920 without equivalent payment we're not going to get into the whole well maybe 732 00:59:52,960 --> 00:59:58,839 it's part of my registration fees a part of the entry fee we're just going to say 733 00:59:56,880 --> 01:00:03,520 the entry fee was the entry fee they're handing these out you can take it or not 734 01:00:00,520 --> 01:00:10,400 take it of course is it not offered to others so when it comes to Swag Bags um 735 01:00:09,079 --> 01:00:14,680 the idea here is you really have to sit back and see who the item first off the 736 01:00:13,079 --> 01:00:19,160 conference what what are who's attending this conference and then who's handing 737 01:00:16,520 --> 01:00:23,440 out that free swag bag so uh the way they break this down is here's my 738 01:00:20,960 --> 01:00:27,960 example for you so your agency is sending you to a conference 739 01:00:25,480 --> 01:00:32,440 attendees of the event consist of public officials 740 01:00:29,520 --> 01:00:37,920 only a vendor at the event is handing out a free swag bag so what do y'all 741 01:00:35,640 --> 01:00:43,039 think of this scenario got off top yeah see thumbs down right so yeah and 742 01:00:41,039 --> 01:00:47,520 someone told me they're like well the public can go to anything they want not 743 01:00:44,760 --> 01:00:53,599 necessarily okay so I mean if it's a if it's a conference for U City Auditors 744 01:00:51,559 --> 01:00:57,359 then odds are the public isn't want to I'm mean sure they can go to that but 745 01:00:55,000 --> 01:01:02,000 obviously it's it's it's geared towards City Auditors okay so that's primarily 746 01:01:00,240 --> 01:01:06,400 who who that conference is geared towards so if they're handing out a free 747 01:01:04,480 --> 01:01:10,760 swag bag this is where we get in that that spot we have to kind of analyze 748 01:01:08,160 --> 01:01:14,599 things before we can accept it so we need to know who the source of 749 01:01:13,400 --> 01:01:18,720 the gift is and the source is always going to be 750 01:01:16,880 --> 01:01:23,240 the ultimate payer of the gift do they have a legislative or administrative 751 01:01:20,440 --> 01:01:25,880 interest in my decision making as a public official that's distin from the 752 01:01:24,799 --> 01:01:31,799 general public and last part is what is the 753 01:01:28,839 --> 01:01:35,599 valuee okay so that's that's your your first set of question so let's break 754 01:01:33,280 --> 01:01:40,200 this down a little bit further so the gift source so the gift Source you heard 755 01:01:38,160 --> 01:01:44,039 me say is the ultimate payer of the expense okay and it is our 756 01:01:42,359 --> 01:01:48,440 responsibility to know the source's identity okay so 757 01:01:47,070 --> 01:01:53,039 [Music] um if we don't know the source's 758 01:01:50,880 --> 01:01:59,799 identity then what do we do okay let's just say we go to our office and there's 759 01:01:55,480 --> 01:02:05,000 a a gift basket U full of really great stuff um and on on it there's just a 760 01:02:03,400 --> 01:02:09,640 note saying hey thanks for the job you do and this actually happened at at a at 761 01:02:07,760 --> 01:02:13,599 a public body where someone left a note saying hey we appreciate the work you do 762 01:02:11,160 --> 01:02:18,319 for the community uh here's a thank you they had no idea who it came from well 763 01:02:15,640 --> 01:02:21,359 so as a public official as an individual you can't accept that because you don't 764 01:02:19,920 --> 01:02:25,720 know who the source is and let's just say that gift basket was way over the GI 765 01:02:24,599 --> 01:02:32,000 amount we'll talk about that here in a second so anytime you offered a gift 766 01:02:27,839 --> 01:02:36,240 that's Anonymous um you need to either and you can't find out who it is yeah I 767 01:02:34,039 --> 01:02:42,480 see the thumbs down right so there's two ways to handle this um either accept it 768 01:02:38,680 --> 01:02:47,279 on behalf of the public body okay so uh you know just throw it in the break room 769 01:02:44,039 --> 01:02:51,480 open it up tell everyone have at it or uh you can take that gift and donate it 770 01:02:49,640 --> 01:02:58,520 just make sure that you don't accept the tax benefit from that donation okay okay 771 01:02:55,240 --> 01:03:01,279 right and so again I'm building here so this is the first part so let's go to 772 01:02:59,920 --> 01:03:06,839 the next part so we need to know who the source is so the next one is do they 773 01:03:05,039 --> 01:03:11,839 have a legislative or administrative interest in me as a public official so 774 01:03:10,160 --> 01:03:17,799 that means that they have an economic interest meaning that uh they are going 775 01:03:14,880 --> 01:03:22,559 to be affected by the decisions I make as a public official okay and that 776 01:03:20,480 --> 01:03:27,839 decision is distinct from that of the general public Okay so 777 01:03:25,039 --> 01:03:33,480 uh let me back up a moment years ago I say in a past life I was a state 778 01:03:29,680 --> 01:03:38,400 inspector and um really didn't have that much I didn't feel like I had that much 779 01:03:34,920 --> 01:03:44,079 decision- making but U as an inspector I was offered lunches by those folks that 780 01:03:41,200 --> 01:03:47,599 I was inspecting so when you start to think about it that way it's kind of 781 01:03:45,359 --> 01:03:52,480 like well wait a minute yeah I do have actually some decision making involved 782 01:03:49,680 --> 01:03:58,079 in my work I could pass or fail their facilities and me passing or failing 783 01:03:55,640 --> 01:04:01,960 their facilities means either money they're going to have to spend or money 784 01:03:59,359 --> 01:04:09,920 they're not going to have to spend and so them buying me lunch they have an 785 01:04:05,240 --> 01:04:13,920 interest in decisions I make okay so um and so we get asked us a lot they're 786 01:04:11,559 --> 01:04:18,839 kind of like well wait a minute you know uh can I accept this gift and we always 787 01:04:15,839 --> 01:04:22,680 go back to well do they have a legislative or administrative interest 788 01:04:20,440 --> 01:04:26,799 in the decisions you make and so that's really again up to us as the public 789 01:04:24,480 --> 01:04:33,039 official to determine we have to sit back for a moment and go okay so uh you 790 01:04:29,720 --> 01:04:38,079 know that lunch for our director yes absolutely that same lunch for say 791 01:04:35,720 --> 01:04:43,480 someone in our training department maybe not so much because uh they're not going 792 01:04:40,720 --> 01:04:47,119 to the effects the training groups uh the training folks do isn't going to 793 01:04:44,880 --> 01:04:52,240 affect them so it would it would change depending on your role as a public 794 01:04:48,480 --> 01:04:57,720 official based upon uh your decision- making all right so so you are allowed 795 01:04:55,119 --> 01:05:02,119 to accept gifts from those that have a legislative or administrative interest 796 01:04:59,599 --> 01:05:07,440 it's allowed okay but there's a limit okay and that limit is uh you must not 797 01:05:05,359 --> 01:05:12,160 exceed $50 in a calendar year and that's from January to December okay so if we 798 01:05:10,160 --> 01:05:17,920 go back to that scenario of me being an inspector in that past life um yeah they 799 01:05:15,440 --> 01:05:22,960 could buy me lunch but I'd be restricted to that $50 in the calendar year so um 800 01:05:21,359 --> 01:05:29,359 someone said well that's that's a lot of donuts or that's a I'm like yeah but 801 01:05:26,079 --> 01:05:34,359 here here's the thing uh it's uh for me G for me in that past role uh I didn't 802 01:05:32,760 --> 01:05:40,880 get any lunches from anyone because it just didn't feel right um that just it 803 01:05:36,839 --> 01:05:46,880 just didn't feel right so um but yes you are allowed just be aware of that of 804 01:05:43,400 --> 01:05:51,520 that restriction so um for us as public officials this also includes inside the 805 01:05:49,319 --> 01:05:56,760 office so another way to kind of play this out in the office is um 806 01:05:54,640 --> 01:06:00,440 those of us I'm gonna say down here on the bottom because I'm I'm a trainer I 807 01:05:58,319 --> 01:06:04,760 have folks above me uh I have an interest in the decisions that our 808 01:06:02,480 --> 01:06:11,760 director makes okay I have a decision I have interest in possibly getting a 809 01:06:07,240 --> 01:06:19,000 raise a promotion uh so uh my director would have to restrict the amount of 810 01:06:14,920 --> 01:06:22,000 gifts that I give them okay so why because that legislative or 811 01:06:20,000 --> 01:06:26,480 administrative interest is there so they have to step back and go wait a minute 812 01:06:24,440 --> 01:06:30,039 um I can accept gifts there that restriction comes into play right I can 813 01:06:28,039 --> 01:06:37,559 accept gifts but we have to cap it at $50 okay now let's flip it 814 01:06:33,880 --> 01:06:41,559 around our directors uh above us or those folks that are above us in the 815 01:06:39,400 --> 01:06:46,480 decision-making realm can shower us with gifts all day long Okay the reason being 816 01:06:44,240 --> 01:06:53,559 is that there's nothing I have no decision- making uh uh uh power over um 817 01:06:51,200 --> 01:06:58,720 anything my director does okay so that's that's kind of how that works or or My 818 01:06:55,640 --> 01:07:03,520 co- or my co-workers on the same level okay so I can't I can't offer anyone a 819 01:07:00,880 --> 01:07:08,599 promotion or raise or or give them time off I I just don't have that power so 820 01:07:06,279 --> 01:07:13,680 gifts amongst coming down and amongst employees all day long we're good to go 821 01:07:10,640 --> 01:07:18,079 just remember it always applies going up so just kind of think about that if 822 01:07:15,319 --> 01:07:22,640 anyone's getting you a gift and uh you're going to have to stop and make 823 01:07:19,240 --> 01:07:27,599 that that uh that analyze that for a moment all right right so now we're 824 01:07:25,000 --> 01:07:33,599 going to get into the gift exceptions so heads 825 01:07:28,839 --> 01:07:40,720 up there are a ton of gift exceptions uh just a ton of them so um there's 16 of 826 01:07:38,279 --> 01:07:46,440 them to be exact in the statutes we're only going to hit a few today I had to 827 01:07:43,960 --> 01:07:50,559 cut some of them out because uh I know that I was told that y'all really want 828 01:07:48,480 --> 01:07:55,799 to talk about some SEI stuff so I I saved room for that okay so that's going 829 01:07:53,000 --> 01:08:01,480 to be our dessert so um not a good dessert but in dessert all right so gift 830 01:07:58,480 --> 01:08:07,200 exceptions there's 16 of them heads up we have a on hour training that talks 831 01:08:03,599 --> 01:08:11,720 about all this stuff so we do a deep dive in the Standalone training it's one 832 01:08:09,559 --> 01:08:16,480 hour just about gifts alone all right so the first one is 833 01:08:14,039 --> 01:08:22,839 relatives so again by the statute definition um you can exchange gifts 834 01:08:19,640 --> 01:08:25,839 amongst relatives all day long not a problem 835 01:08:25,880 --> 01:08:34,080 um an unsolicited token or award so this is where we start getting that 836 01:08:29,040 --> 01:08:37,920 appreciation award or um just a uh just a just an award for the sake of giving 837 01:08:36,319 --> 01:08:43,000 you an award for just being an awesome person and this is allowed the idea here 838 01:08:40,239 --> 01:08:48,679 is that whatever that item is the resale value is expect to be less than 839 01:08:45,159 --> 01:08:53,000 $25 okay so it just heads up if your name's engraved on it that typically 840 01:08:50,640 --> 01:08:59,839 knocks it down to that $25 mark But there is a cat okay so if it's if it's a 841 01:08:56,960 --> 01:09:10,520 plaque and it comes with a crystal vase or a gold watch or um a uh uh something 842 01:09:06,880 --> 01:09:14,319 that's goes beyond that $25 amount uh then you're going to be restricted from 843 01:09:12,520 --> 01:09:18,120 accepting it okay unless it can be separated okay unless that unless that 844 01:09:16,600 --> 01:09:22,839 plaque can be kept you give the vase back or or if they give you the plaque 845 01:09:20,440 --> 01:09:27,520 and a watch and you give the watch back uh that would be allow you keep the 846 01:09:25,000 --> 01:09:32,960 plaque all right next one's going to be a food and beverage exception so this is 847 01:09:29,799 --> 01:09:36,719 one where you as a public official all these next scenarios is going to be you 848 01:09:34,359 --> 01:09:41,239 as a public official representing your public body and you're attending a 849 01:09:39,359 --> 01:09:44,960 public event where other public officials are attending the public is 850 01:09:43,279 --> 01:09:50,000 allowed the event is publicized and part of this is a 851 01:09:48,199 --> 01:09:56,120 reception where there's either a lunch or a dinner this is allowed okay 852 01:09:54,239 --> 01:09:58,560 don't confuse it with a private dinner if someone's there and they say hey 853 01:09:57,400 --> 01:10:03,560 let's skip this dinner I want to take you out the let's grab something 854 01:10:00,520 --> 01:10:07,440 different uh then that would be that would fall back under the private dinner 855 01:10:05,400 --> 01:10:13,080 would be falling under the gift Provisions so uh but here again 856 01:10:11,080 --> 01:10:17,440 representing your public body as a public official members of the public 857 01:10:15,239 --> 01:10:21,120 are allowed to attend lunch or dinner that's 858 01:10:18,679 --> 01:10:25,000 allow same scenario you as a public official except we knock this down a 859 01:10:22,880 --> 01:10:30,560 little bit you as a public official again representing your public body uh 860 01:10:27,880 --> 01:10:35,120 and you're at a meeting or an event and there's incidental entertainment or 861 01:10:32,080 --> 01:10:41,800 maybe there's donuts and coffee uh muffins those are allowed as well it's 862 01:10:38,360 --> 01:10:46,480 considered incidental so just remember anytime you offered a gift it's it's our 863 01:10:44,800 --> 01:10:50,960 responsibility as public officials determine whether or not we can accept 864 01:10:48,040 --> 01:10:56,280 them so um we always have to analyze it is it something of economic value did 865 01:10:53,640 --> 01:11:00,600 did I make an equivalent payment is it offered to others on the same terms and 866 01:10:58,360 --> 01:11:08,400 conditions and then the curveball here is does it do any of the exceptions 867 01:11:04,000 --> 01:11:13,760 apply and so uh once you break that down then you have to analyze whether or not 868 01:11:10,920 --> 01:11:17,880 you can accept it and so uh then you have to determine who the source of the 869 01:11:15,199 --> 01:11:21,920 gift is uh and do they have a legislative or administrative interest 870 01:11:19,800 --> 01:11:27,040 in my role as a public official my decision-making capacities and of course 871 01:11:24,520 --> 01:11:30,600 is it within the $50 limit and then of course if you've 872 01:11:29,280 --> 01:11:35,159 accepted anything else from them in the past year right in the past calendar 873 01:11:32,360 --> 01:11:39,320 year all right throw I'm gonna throw a question 874 01:11:37,480 --> 01:11:44,000 out at you and tell me what you think okay get ready it's confusing I don't 875 01:11:41,480 --> 01:11:51,280 like this question but it again they were designed to make you think a little 876 01:11:46,880 --> 01:11:56,480 bit all right the local JY is offering a discount on a monthly membership to 877 01:11:53,159 --> 01:12:02,520 employees of your public body daycare providers healthcare workers First 878 01:11:59,639 --> 01:12:06,280 Responders and grocery store workers in your 879 01:12:03,360 --> 01:12:10,239 community can you accept the gift without violating ethics law what do you 880 01:12:11,360 --> 01:12:18,840 think yes I'm seeing a nod so yeah the answer is yes because 881 01:12:16,960 --> 01:12:24,040 it's it is offered to others that are not public officials okay so the the the 882 01:12:22,440 --> 01:12:29,719 the catch here would be if a local gym was only offering it to 883 01:12:27,239 --> 01:12:35,080 uh planning board Commissioners for the city of Carlton that was 884 01:12:32,679 --> 01:12:40,120 it then yeah you guys probably have to stop back and either either go into 885 01:12:37,360 --> 01:12:45,040 Cahoots with each other and I'll join or play it safe and say no okay the answer 886 01:12:42,320 --> 01:12:50,199 the correct answer to that is no okay so but but wait even if it was I mean even 887 01:12:47,880 --> 01:12:53,760 if we all decided to join that still wouldn't be okay because no it wouldn't 888 01:12:51,960 --> 01:12:58,520 that was that was my that was my sad attempt at making a joke okay it would 889 01:12:56,480 --> 01:13:02,280 not if y'all all are in cahoots then yeah no it still wouldn't be then we're 890 01:13:00,280 --> 01:13:07,920 already in violation yeah you're already in violation so yeah all right in fact 891 01:13:06,199 --> 01:13:12,920 here's here's this happens quite a bit not so much local Jam but we get a lot 892 01:13:10,320 --> 01:13:17,199 of questions because cell cell phone providers or cell service providers 893 01:13:15,320 --> 01:13:23,520 offer a lot of discounts to City and County employees and so we've had this 894 01:13:20,120 --> 01:13:29,440 come across to us hey can we accept this and it always comes back to well it 895 01:13:26,480 --> 01:13:33,320 depends uh you know is it being offered is it being offered to others in the 896 01:13:31,320 --> 01:13:37,920 community okay is it is it is it being offered to you but you but is it off 897 01:13:35,840 --> 01:13:43,159 being also being offered to others as well okay and if it is then that opens 898 01:13:40,320 --> 01:13:47,639 it up to accepting it but then it comes down to no it's just city employees or 899 01:13:45,320 --> 01:13:51,600 no it's just County Employees well then it's going to be P based upon well what 900 01:13:49,920 --> 01:13:56,159 is your role as a public official are you on um 901 01:13:54,280 --> 01:14:00,120 are you part of the folks that determines whether or not the city gets 902 01:13:58,040 --> 01:14:06,040 a who they go through for their sell provider or are you just someone that uh 903 01:14:03,760 --> 01:14:09,560 you know I have I'm not I can't decide on whether or not the city goes with 904 01:14:07,239 --> 01:14:13,440 this particular self provider um then you may be able to accept it but those 905 01:14:11,159 --> 01:14:18,440 folks that uh could make a decision that could impact that self self self service 906 01:14:16,199 --> 01:14:22,280 provider uh then those folks probably have to sit back and determine whether 907 01:14:20,000 --> 01:14:27,639 or not they could take it so again it goes back to your role as a public 908 01:14:24,920 --> 01:14:33,040 official and your decision making and that decision- making would affect that 909 01:14:30,360 --> 01:14:39,440 particular vendor or this this the source of the gift and would it have an 910 01:14:35,320 --> 01:14:42,880 impact on them yeah so there there's you know everyone always says oh gifts it's 911 01:14:41,080 --> 01:14:50,960 easy you know we say yeah it's easy don't accept them that's it's pretty 912 01:14:46,320 --> 01:14:56,199 much all right so I told you I saved the best for last so what is a statement of 913 01:14:53,560 --> 01:15:05,199 economic interest okay we're we're coming up on that season by the way so 914 01:14:59,719 --> 01:15:08,280 uh um right now uh we're we're we're talking to a lot of jurisdictional 915 01:15:06,719 --> 01:15:12,600 contacts we're doing jurisdictional contact training for those folks uh are 916 01:15:11,480 --> 01:15:17,320 y'all familiar with who the jurisdictional contact is with your 917 01:15:14,440 --> 01:15:23,560 district with your David are you talking about David Hunter 918 01:15:19,360 --> 01:15:28,679 our folks or okay yeah David is so there should be someone at your in your at 919 01:15:26,320 --> 01:15:33,719 your city that's kind of the liaison between uh the city and David David's 920 01:15:31,920 --> 01:15:36,920 with the o with us at the ethics commission basically what it is with the 921 01:15:35,600 --> 01:15:41,000 jurisdictional content they basically tell us who who are the seci followers 922 01:15:39,560 --> 01:15:47,400 in the district because we have no idea with all the cities uh in in Oregon 923 01:15:44,480 --> 01:15:52,199 cities counties all the other districts that are involved but let me break this 924 01:15:49,840 --> 01:15:57,920 down again let's let's break out the definitions so a statement of economic 925 01:15:55,040 --> 01:16:02,760 interest is something that is a public official is required to file and so 926 01:16:00,520 --> 01:16:08,520 there's a whole list of public officials in LS 927 01:16:05,920 --> 01:16:14,239 244.50 so if you're wondering uh do I need to file uh you 928 01:16:12,040 --> 01:16:19,159 would look up your role as a public official in 929 01:16:16,480 --> 01:16:26,320 244.50 uh to get that it's a ton of folks it's a ton so um 930 01:16:23,840 --> 01:16:33,159 and the idea here is that uh you provide us with your financial sources now let 931 01:16:28,400 --> 01:16:38,679 me be clear on something it is not your financial income we're not looking at 932 01:16:36,000 --> 01:16:43,800 the dollar amount it's just who your source of income is so everyone has a 933 01:16:40,760 --> 01:16:48,560 source of income okay so um you know if you're if you're retired your your 934 01:16:45,320 --> 01:16:52,120 source of income is social security okay um I work for ogek if I had to file my 935 01:16:50,760 --> 01:16:56,600 source of income would be the Oregon government ethics Commission okay I 936 01:16:54,239 --> 01:17:00,840 would not we are not asking for your salary or that dollar amount okay the 937 01:16:59,360 --> 01:17:04,440 only time we ask for dollar amounts is anything you may have received from a 938 01:17:03,080 --> 01:17:09,239 source that has a legislative or administrative interest that's 939 01:17:06,520 --> 01:17:13,120 it all right this is due annually I'm going to go ahead and say this now 940 01:17:10,520 --> 01:17:20,360 you're going to hear it again uh in my next few slides but it is done uh 941 01:17:15,760 --> 01:17:26,840 between March 15th and April 15 okay so you have uh roughly 30 days to to submit 942 01:17:24,280 --> 01:17:30,760 this okay now heads up if you're already in the system that's fine you may want 943 01:17:28,600 --> 01:17:34,960 to take a moment now since we're in we're in we're coming up on that season 944 01:17:33,159 --> 01:17:39,840 to just kind of step in and make sure that all your information is up to date 945 01:17:37,360 --> 01:17:44,480 okay so as an SEI filer it is your responsibility to keep your account up 946 01:17:41,639 --> 01:17:47,600 to date that's that's a long-winded way of saying make sure you have a good 947 01:17:46,239 --> 01:17:54,480 email address in there and that your name's right 948 01:17:49,679 --> 01:17:59,560 okay it is due annually and it is done through our electronic 949 01:17:56,719 --> 01:18:03,639 filing system so if you're wondering hey April 15th fell on a Sunday or a 950 01:18:01,760 --> 01:18:11,320 Saturday night I still can I do it on Monday no it's open 247 so um you are 951 01:18:08,440 --> 01:18:15,080 required Able by April 15th to have that done okay I say that because we get a 952 01:18:13,400 --> 01:18:18,840 lot of lobbyists that that they have to file and they always say I should say 953 01:18:17,120 --> 01:18:22,280 always but some folks are like hey well it fell on a Sunday so I figured I could 954 01:18:20,560 --> 01:18:25,760 do it on Monday well yeah you can do it on Monday but you're you're going to 955 01:18:23,679 --> 01:18:31,840 acre some penalties for that so because you were late so um information it's not 956 01:18:30,080 --> 01:18:38,000 included you heard me say this already so your income again your income is that 957 01:18:35,960 --> 01:18:45,520 dollar amount we don't want to know it also your home address okay let me add a 958 01:18:42,480 --> 01:18:52,480 caveat here the only time your home address would be in your SEI is if 959 01:18:50,159 --> 01:18:57,400 you're running your business out of your home okay so when we ask for your 960 01:18:54,719 --> 01:19:01,920 business address and you're working out of your home or using your home as your 961 01:18:59,360 --> 01:19:06,600 business address then yes your bus your home address would now pop up in that 962 01:19:04,239 --> 01:19:12,600 category okay so you heard me say a lot of folks 963 01:19:09,920 --> 01:19:19,199 file uh the short list on here is going to be uh city and county officials uh 964 01:19:16,120 --> 01:19:24,159 judicial officers Justice of the Peace uh Port board 965 01:19:21,360 --> 01:19:27,520 Commissioners uh or all the all the directors of Oregon governmental 966 01:19:25,960 --> 01:19:32,880 agencies have to file and then education administrative 967 01:19:30,440 --> 01:19:38,040 and financial officers and school board members this heads up uh last year was 968 01:19:35,480 --> 01:19:42,440 the first year for school board members to have to file the first question they 969 01:19:40,960 --> 01:19:47,239 said was we've ever had to do this before why do we have to do it now um 970 01:19:45,400 --> 01:19:53,719 the ethics commission doesn't decide the legislature decides on who files and so 971 01:19:50,360 --> 01:19:59,679 um they determine that Schoolboard members are responsible for some large 972 01:19:56,520 --> 01:20:04,360 budgets and because of that they determine that Schoolboard members 973 01:20:01,639 --> 01:20:10,360 should be filing an SEI as well okay again it goes back to that transparency 974 01:20:07,719 --> 01:20:16,239 and knowing where your interests lie okay and again those decision-making uh 975 01:20:13,679 --> 01:20:21,360 powers that those public officials have all 976 01:20:18,360 --> 01:20:27,440 right so um for SE resources so if you're if 977 01:20:24,560 --> 01:20:32,520 you're new to filing or you forgot that's fine it's been a year okay I I 978 01:20:29,880 --> 01:20:37,360 can't remember anything from a year ago um so uh you know I'm I'm in trouble for 979 01:20:35,480 --> 01:20:41,480 everything so it's always like this happens every year Charlie our 980 01:20:39,040 --> 01:20:46,960 anniversary really yes I forgot okay so that's that's me from a year ago so um 981 01:20:44,920 --> 01:20:52,719 but we're here for you folks so we provide uh Oak has trainings for seci 982 01:20:50,000 --> 01:20:57,520 filers so we uh if you want to take a training it's a one-hour training we H 983 01:20:54,600 --> 01:21:02,600 we do that we also have written a written handout guide just heads up 984 01:21:00,440 --> 01:21:08,719 there has been some changes for seci filers this year I'm I'm getting to it 985 01:21:05,480 --> 01:21:13,840 um but right now uh our written handout is not ready yet because that change has 986 01:21:11,159 --> 01:21:18,639 not been put in there yet um we have a ton of information on 987 01:21:16,719 --> 01:21:23,280 our ogek website for trainings and of course you 988 01:21:21,880 --> 01:21:28,600 know the big one heard me say this earlier uh we are a resource uh Annette 989 01:21:26,639 --> 01:21:33,400 you mentioned David that means that you you've talked to him quite a bit so let 990 01:21:31,120 --> 01:21:38,719 me back up a moment you can always reach out to us do not hesitate to pick up the 991 01:21:35,239 --> 01:21:44,719 phone or shoot us an email uh we are geared up and ready for this every year 992 01:21:41,000 --> 01:21:49,199 this happens so we're there's already uh it's not written anywhere but it's 993 01:21:46,920 --> 01:21:55,040 implied strongly that you cannot take your vacation between uh February and 994 01:21:52,159 --> 01:22:05,920 April because the season gets pretty pretty hectic so the new thing for this 995 01:22:00,800 --> 01:22:12,199 year is that uh all SEI filers will now have to list their clients their 996 01:22:08,920 --> 01:22:16,120 customers their investors their legal relationship their contractual 997 01:22:14,120 --> 01:22:22,880 relationship and business relationships with those that have that 998 01:22:20,000 --> 01:22:28,520 uh are 10% or more of your businesses gross annual 999 01:22:24,840 --> 01:22:35,639 income again it's not the dollar amount it's just the source okay it's just 1000 01:22:31,480 --> 01:22:40,560 those entities okay that is it so yes you're GNA have to step back for a 1001 01:22:37,159 --> 01:22:46,400 moment and uh do the math on this okay so uh the way I the way I kind of uh 1002 01:22:44,840 --> 01:22:50,679 again in my simple mind I kind of think in terms of okay yeah you you do own a 1003 01:22:49,159 --> 01:22:55,320 catering business or you own a landscaping business or maybe you own a 1004 01:22:52,600 --> 01:22:59,440 construction business and you do a lot of business with a lot of folks well 1005 01:22:57,719 --> 01:23:04,080 you're going to have to sit back and go okay well who are my biggest clients and 1006 01:23:01,440 --> 01:23:09,679 do they make up 10% of my gross annual income and if the answer is yes uh then 1007 01:23:06,679 --> 01:23:13,239 you need to list them and of course also those that have a legislative or 1008 01:23:11,760 --> 01:23:22,639 administrative interest okay so this is this is 1009 01:23:18,560 --> 01:23:28,560 the the the new thing for this year so so we're already planning a lot of push 1010 01:23:26,280 --> 01:23:31,520 back on this so again this is not something we dreamed up this is 1011 01:23:29,840 --> 01:23:37,159 something the legislature said okay hey let's uh let's let's step up the game a 1012 01:23:34,120 --> 01:23:42,719 little bit and uh look at this a little bit closer so it's it's no secret you've 1013 01:23:40,719 --> 01:23:49,159 probably seen the headlines in the past year or so about a lot of public 1014 01:23:44,560 --> 01:23:57,600 officials and uh this is directly uh how this has impacted uh the SEI filers 1015 01:23:53,040 --> 01:24:01,320 so all right let's go one step further all right so why does a 1016 01:23:59,800 --> 01:24:05,000 statement of economic interest need to be filed I think it's I think it's 1017 01:24:02,800 --> 01:24:10,679 pretty clear but the idea here again going back to our original I think our 1018 01:24:07,960 --> 01:24:14,800 second or third slide to safeguard the public trust okay again it's that that 1019 01:24:13,560 --> 01:24:20,679 level of transparency us uh identifying our our 1020 01:24:18,199 --> 01:24:25,520 sources of income identifying those folks that make up 10% or more our 1021 01:24:22,600 --> 01:24:29,080 client base or 10% or more of our gross annual income or those folks that have a 1022 01:24:27,120 --> 01:24:33,360 legislative or administrative interest kind of shines a light on our conflicts 1023 01:24:30,800 --> 01:24:40,840 of interest our possible use of office and again it is required by law okay so 1024 01:24:36,880 --> 01:24:45,360 that's the big one it is required by law so um you're probably thinking okay well 1025 01:24:43,320 --> 01:24:51,080 it's required by law okay what does that actually mean that means that if you 1026 01:24:47,719 --> 01:24:55,800 don't file that there are sanctions that come into play 1027 01:24:53,000 --> 01:25:02,440 so the way it works is that uh you already know March 15 through April 15 1028 01:24:58,520 --> 01:25:07,639 is uh SEI filer season and you already know that you can reach out to us at any 1029 01:25:05,280 --> 01:25:12,119 time if you need help with that there's also if you're kind of an independent 1030 01:25:09,679 --> 01:25:16,400 person all our stuff will be rolling out all the new stuff with all the changes 1031 01:25:13,600 --> 01:25:19,880 will be available on that March 15th uh opening date hopefully before then I'm 1032 01:25:18,280 --> 01:25:24,440 not part of that that group but hopefully before then but what I'm 1033 01:25:21,760 --> 01:25:29,719 getting at is it happens sometimes you do file late we try and close that Gap 1034 01:25:27,520 --> 01:25:34,310 but if you do happen to file late it is $10 per day for the first 14 1035 01:25:33,040 --> 01:25:39,040 days [Music] 1036 01:25:35,440 --> 01:25:44,440 okay um the next thing is it goes past that 14-day limit then it bumps up to 1037 01:25:41,360 --> 01:25:53,600 $50 per day until you hit at $5,000 1038 01:25:50,920 --> 01:26:01,600 Max all right so that's that's the penalties for not filing on time um our 1039 01:25:58,719 --> 01:26:05,960 records uh will show what you've done in the past years if you file there's our 1040 01:26:03,840 --> 01:26:09,760 database because it's done through EFS it tells us hey this folks fil this 1041 01:26:07,800 --> 01:26:17,000 person filed late they were two days late three days late uh you know last 1042 01:26:13,760 --> 01:26:22,480 year the year before the year before that so uh just a heads up these are 1043 01:26:20,480 --> 01:26:26,199 things that we are aware of we do see those folks that are AC crewing 1044 01:26:23,760 --> 01:26:31,199 penalties if we find that you are AC crewing penalties first thing first is 1045 01:26:28,920 --> 01:26:37,719 the electronic filing system will send you an email every day telling you you 1046 01:26:34,400 --> 01:26:41,239 are uh you are late with filing your SEI so that's again important that you go in 1047 01:26:39,560 --> 01:26:46,040 and make sure that your information is up to date okay uh we are also notified 1048 01:26:44,360 --> 01:26:53,320 and also the jurisdictional contact is notified as well so the idea here look 1049 01:26:50,000 --> 01:26:56,800 here's here's my disclaimer on this it's it makes our life easier at the 1050 01:26:55,239 --> 01:27:01,480 ethics commission when everyone files on time that basically April if April 16th 1051 01:26:59,480 --> 01:27:06,520 RS around everyone's filed on time we're done for the year we're good uh we can 1052 01:27:03,719 --> 01:27:11,600 close the book and move on but uh filing L doesn't do any we don't it's not like 1053 01:27:09,119 --> 01:27:14,760 these penalties go to us and we have a a party or anything it goes into the 1054 01:27:13,000 --> 01:27:21,159 general fund so we don't even see this so for us uh it it's our benefit not 1055 01:27:19,520 --> 01:27:26,360 only your benefit but our benefit as well when you file on time 1056 01:27:24,320 --> 01:27:31,679 okay all right any questions for me on this 1057 01:27:32,560 --> 01:27:40,400 section okay all right seci filing you know look here's the thing I'll just 1058 01:27:38,560 --> 01:27:46,880 throw that throw this out you get stuck call us just call us that's um we we 1059 01:27:44,600 --> 01:27:51,159 deal with a lot of public officials you guys already know there's folks out 1060 01:27:48,880 --> 01:27:56,080 there that are in some out there in the frontier 1061 01:27:52,840 --> 01:28:00,800 um areas of Oregon cell service internet servic is 1062 01:27:57,239 --> 01:28:04,639 horrendous um we fully expect to be helping people fire their file their 1063 01:28:02,360 --> 01:28:10,760 seis over the phone that's just part of the part of the course so um do not 1064 01:28:07,560 --> 01:28:17,119 hesitate to reach out to us all right so just to kind of uh recap what 1065 01:28:15,159 --> 01:28:21,360 we've covered tonight we talked about use of office private employment 1066 01:28:19,239 --> 01:28:27,600 conflicts of interest nepotism you got the SEI part as a bonus um but the other 1067 01:28:25,800 --> 01:28:31,280 part of the ethics commission you you're on the training side you're on The 1068 01:28:28,960 --> 01:28:34,880 Upfront part of it we also handle complaints so when it comes to 1069 01:28:33,040 --> 01:28:39,119 complaints just heads up we only take signed complaints we do not take 1070 01:28:36,520 --> 01:28:42,040 Anonymous complaints every complaint we we get there's going to be follow-up 1071 01:28:40,760 --> 01:28:47,159 questions we need to know who we're talking to um and we will be reaching 1072 01:28:45,639 --> 01:28:52,159 out to those public officials after the complaint was made and that's where our 1073 01:28:48,920 --> 01:28:58,760 preliminary review kind of kicks in so uh we go into preliminary review we 1074 01:28:54,639 --> 01:29:07,239 determine there is a uh looks like a uh a violation of of of 1075 01:29:02,800 --> 01:29:10,960 rs44 or Lobby or public law we go to the Commissioners and ask him if we can move 1076 01:29:09,159 --> 01:29:14,840 forward with an investigation of course if a violation is found then we get into 1077 01:29:13,159 --> 01:29:20,360 those penalties again that a little bit of what we saw earlier but this this is 1078 01:29:16,239 --> 01:29:24,920 going to apply more to RS 244 and uh well this applies to all of them 1079 01:29:21,520 --> 01:29:30,159 actually so there's that $5,000 Max civil penalty uh $10,000 if it's a 1080 01:29:27,480 --> 01:29:35,719 willful violation uh forture twice the amount of any Financial benefit realized 1081 01:29:32,119 --> 01:29:39,679 from ethics violation and it's no secret as public officials if if you've been 1082 01:29:38,040 --> 01:29:44,480 pretty good but one day you just slipped up we send out a lot of letters of 1083 01:29:41,719 --> 01:29:47,880 Education okay so uh basically that's just telling you hey here's what the 1084 01:29:45,679 --> 01:29:52,159 statute says and this is what you did and don't do it again because if you do 1085 01:29:50,440 --> 01:29:57,320 it again you may find yourself in one of these other categories at that point so 1086 01:29:55,520 --> 01:30:02,480 but again remember we're here for you folks so we 1087 01:29:59,679 --> 01:30:06,679 do offer staff advice staff opinions and commission advisory opinions and what 1088 01:30:05,000 --> 01:30:10,199 I'm getting at is when you reach out to us with a situation that you found 1089 01:30:08,920 --> 01:30:13,840 yourself in uh this is something that's current 1090 01:30:12,560 --> 01:30:19,360 this isn't something that's happened in the past uh but if you find yourself 1091 01:30:16,760 --> 01:30:23,840 currently in a situation reach out to us shoot us an email what I'm saying is is 1092 01:30:22,040 --> 01:30:26,800 is if we offer staff advice staff opinion or if we give you a 1093 01:30:25,040 --> 01:30:31,760 commissionary advisory opinion that offers you a level of Safe Harbor okay 1094 01:30:29,719 --> 01:30:35,760 we will give you instructions what your next moves will 1095 01:30:33,000 --> 01:30:41,920 be can you accept this gift do you have to return it um uh I'm trying to think 1096 01:30:39,960 --> 01:30:45,560 of some other ones can you can you drive that agency vehicle home those type of 1097 01:30:43,760 --> 01:30:49,760 things that's that's something that you can ask us and if it's if it's allowed I 1098 01:30:48,520 --> 01:30:52,560 mean we're going to ask tons of more questions these never are just ask a 1099 01:30:51,440 --> 01:30:56,679 question there there's always a back and forth with these but again it's giving 1100 01:30:55,119 --> 01:31:02,600 you that level of safe haror you do have to follow the instructions 1101 01:30:59,639 --> 01:31:06,239 so there's tons of resources on our website as well you guys probably 1102 01:31:04,480 --> 01:31:10,320 already know if you follow an SEI you can find it in public records you can 1103 01:31:08,199 --> 01:31:15,040 look up anyone that's an SEI file that's filed um in our public records again 1104 01:31:13,280 --> 01:31:20,520 doesn't tell you the dollar amount it just goes to the source but you can see 1105 01:31:17,360 --> 01:31:26,320 everyone in there that's filed um you can also look up past complaints past 1106 01:31:23,239 --> 01:31:32,119 advice um trainings this is this is the big overview training that we give for 1107 01:31:28,400 --> 01:31:36,920 public officials we break this down into uh one hour chunks so we offer more 1108 01:31:34,440 --> 01:31:41,040 questions we give more scenarios uh we throw in a lot more 1109 01:31:38,960 --> 01:31:46,440 questions today was just the broad overview and of course uh if you have a 1110 01:31:44,000 --> 01:31:49,719 complaint you can also file it online as well on our website I already know when 1111 01:31:48,440 --> 01:31:52,520 you look at our website I'm like it's like every other public Body website 1112 01:31:51,159 --> 01:31:56,280 it's like a lot of words and not a whole lot of buttons I'm like there's got to 1113 01:31:54,639 --> 01:32:02,080 be an easier way but this is this seems to be the way it works for uh public 1114 01:31:58,360 --> 01:32:06,320 bodies but um before I close out uh just unmute tell me what your 1115 01:32:04,760 --> 01:32:12,760 biggest takeaway today is what was the one thing today you were just like I did 1116 01:32:08,560 --> 01:32:12,760 not know that and I am now 1117 01:32:14,080 --> 01:32:22,480 enlightened I'll give you a minute while you're thinking about it here's how you 1118 01:32:18,199 --> 01:32:27,760 reach us I will I I think the um the about someone who's a 1119 01:32:25,320 --> 01:32:32,800 volunteer yeah I mean that sort of stuff happens around here that there's you 1120 01:32:30,600 --> 01:32:39,480 know we know people who serve on Boards of nonprofits and things like that and 1121 01:32:35,880 --> 01:32:43,639 and knowing that that's not necessarily I mean that that if they're a volunteer 1122 01:32:41,679 --> 01:32:50,199 it's not a conflict of interest is was new totally new to me yeah I think I 1123 01:32:46,600 --> 01:32:56,119 think Annette uh said it so poetically when she said uh you 1124 01:32:53,840 --> 01:33:03,320 know the money is not going into someone's pocket and 1125 01:32:58,840 --> 01:33:10,080 so that that's that's the thing um you know volunteer uh nonprofit uh there's 1126 01:33:06,520 --> 01:33:13,840 no financial gain then uh and financial gain again your pocket then yeah it's 1127 01:33:12,280 --> 01:33:18,199 not a conflict of interest but here's here's the thing though we get this a 1128 01:33:15,400 --> 01:33:21,360 lot it's kind of like well I'm not sure I'm not sure if I have a conflict of 1129 01:33:19,600 --> 01:33:25,840 interest hey if you're not sure but you think something's there then then just 1130 01:33:23,840 --> 01:33:32,000 say hey folks I have a potential conflict of interest here because uh you 1131 01:33:28,560 --> 01:33:37,000 know my one of my relatives uh you know is on the board of the YMCA but they're 1132 01:33:34,920 --> 01:33:40,920 not paid but I feel like I just need to make this announcement that there's a 1133 01:33:38,320 --> 01:33:45,000 potential conflict um that's totally allowed that's you know if you're unsure 1134 01:33:43,400 --> 01:33:51,040 I mean we had one that was recently where it was 1135 01:33:46,719 --> 01:33:56,639 uh uh a fire district was uh they were voting to to build a road so that folks 1136 01:33:54,760 --> 01:34:01,719 could evacuate from a neighborhood and someone complained and 1137 01:33:58,679 --> 01:34:07,280 said well that person on the board lives in that neighborhood that that street 1138 01:34:03,800 --> 01:34:11,440 would be driving through and so that's a that's a uh conflict of interest and 1139 01:34:09,280 --> 01:34:18,080 it's kind of like well we came back and said well where's where's the financial 1140 01:34:13,920 --> 01:34:22,840 gain uh you know it's it's it's helping everyone in the neighborhood evenly I 1141 01:34:20,600 --> 01:34:26,800 mean you could argue that okay well maybe it shaves 5 minutes off their 1142 01:34:24,840 --> 01:34:31,800 commute to work right but it's it was unclear it's like 1143 01:34:30,000 --> 01:34:36,480 well they could announce a potential but right now there's no there's no actual 1144 01:34:34,679 --> 01:34:41,400 conflict because there's no real money going into their pocket or no avoidance 1145 01:34:38,520 --> 01:34:45,199 of financial detriment so um yeah potential all day long I mean every time 1146 01:34:43,719 --> 01:34:48,600 we have a commission meeting there's there's one our commissioners is always 1147 01:34:46,760 --> 01:34:52,440 saying hey you know what potential conflict I know this person they're 1148 01:34:50,639 --> 01:34:57,920 they're a member of my Community I know this person so I'm going to just back 1149 01:34:53,560 --> 01:35:01,560 out so um potential all day long no harm no foul it's the actual that's that you 1150 01:35:00,239 --> 01:35:08,000 got to watch out for okay so it's 7:47 that's that's all 1151 01:35:05,080 --> 01:35:12,320 I have um again my name's Charlie Esparza there's my email Charles uh you 1152 01:35:11,040 --> 01:35:19,119 know when I'm in trouble I get called charles. aspara oac.org 1153 01:35:15,400 --> 01:35:24,840 and.go um shoot me an email you can give me a phone call or no my phone's not on 1154 01:35:21,119 --> 01:35:32,000 there but you can reach me uh 5033 at 5105 um I do have a followup email for 1155 01:35:27,960 --> 01:35:36,119 y'all uh regarding the uh Financial oversight of public officials and how 1156 01:35:33,840 --> 01:35:39,920 that may relate to nepotism I think we kind of answered it but I I I want to 1157 01:35:37,679 --> 01:35:44,400 get a solid answer for that one so expect a follow-up email probably 1158 01:35:41,239 --> 01:35:48,480 tomorrow or Wednesday so other than that all I could say is thank you for having 1159 01:35:46,239 --> 01:35:52,880 me Amy reached out to me back she actually reached out to Ruth and I drew 1160 01:35:50,760 --> 01:35:58,920 the short Str raw and had to train you guys tonight um I joke it's I'm a 1161 01:35:55,760 --> 01:36:03,600 trainer uh everyone in the office knows man if there's a live audience to throw 1162 01:36:00,679 --> 01:36:10,480 Charlie in front of by all means do it so uh um again thank you for having me 1163 01:36:07,000 --> 01:36:17,480 uh that's all I have thanks Charlie thank you for making it fun yeah and 1164 01:36:14,199 --> 01:36:21,880 uh with that okay here's my my my pitch right um I'll I'll be sending you a 1165 01:36:19,960 --> 01:36:25,800 customer survey as well so if you just take the time out to fill 1166 01:36:23,719 --> 01:36:28,920 that out just let us know uh if you enjoy the training if you did enjoy 1167 01:36:27,280 --> 01:36:34,600 enjoy the training if you wish we expanded on more things or needed more 1168 01:36:31,840 --> 01:36:38,520 detail let us know uh we kind of we really really rely on feedback uh 1169 01:36:37,239 --> 01:36:41,920 because we usually don't we send out the emails we really don't know what what's 1170 01:36:39,960 --> 01:36:46,719 going on out there if anyone benefited from it so uh please take that customer 1171 01:36:44,360 --> 01:36:50,679 survey let us know let us know how we're doing and what we can do to improve it 1172 01:36:49,440 --> 01:36:55,320 okay with that that's all I got I'm going to stop my share and I'm gonna let 1173 01:36:52,320 --> 01:37:00,400 ammy uh Amy take over sorry about that thank 1174 01:36:57,199 --> 01:37:06,000 you all right so it looks like uh our chair is gone so Vice shair you get a 1175 01:37:04,560 --> 01:37:10,119 little taste so and unless we have any 1176 01:37:08,600 --> 01:37:15,360 commission or comments we are ready to adjourn whenever you guys are so do we 1177 01:37:12,560 --> 01:37:15,360 have a motion to 1178 01:37:16,119 --> 01:37:26,440 adjourn you second a vote we adjourn all right thank you all 1179 01:37:22,600 --> 01:37:30,840 I appreciate it okay thank you Char bye bye bye bye bye