[Ord. 99-795B, § 1; Ord. 14-1343]
(a) 
The Metro Council hereby declares that the purpose of this Chapter is to ensure that Metro serves the public and informs the public fully concerning its decision making. In accordance with such purposes, this Chapter establishes a Code of Ethics for Metro and requirements for lobbyists appearing before Metro.
(b) 
In adopting this Chapter, the Metro Council intends:
(1) 
To be consistent with and to add to current public policy established by the Oregon Legislative Assembly;
(2) 
To require Metro officials to operate under high ethical standards;
(3) 
To require Metro officials to treat their offices and positions as a public trust whose powers and resources are to be used for the benefit of the public and not for any personal benefit; and
(4) 
To require individuals and entities appearing before Metro to identify themselves and the interests they represent.
(c) 
It is the policy of Metro that all Metro officials and employees strictly comply with the Code of Ethics contained in ORS Chapter 244.
[Ord. 99-795B, § 1; Ord. 02-967, § 1; Ord. 14-1343]
For the purposes of this Chapter, unless the context requires otherwise, the following terms shall have the meaning indicated:
BUSINESS
Means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual and any other legal entity operated for economic gain but excluding any income-producing not-for-profit corporation that is tax exempt under section 501(c) of the Internal Revenue Code with which a public official or a relative of the public official is associated only as a member or board director or in a nonremunerative capacity.
BUSINESS WITH WHICH THE METRO OFFICIAL IS ASSOCIATED
Means:
(a) 
Any private business or closely held corporation of which the person or the person’s relative is a director, officer, owner or employee, or agent or any private business or closely held corporation in which the person or the person’s relative owns or has owned stock, another form of equity interest, stock options or debt instruments worth $1,000 or more at any point in the preceding calendar year;
(b) 
Any publicly held corporation in which the person or the person’s relative owns or has owned $100,000 or more in stock or another form of equity interest, stock options or debt instruments at any point in the preceding calendar year;
(c) 
Any publicly held corporation of which the person or the person’s relative is a director or officer; or
(d) 
For public officials required to file a statement of economic interest under ORS 244.050, any business listed as a source of income as required under ORS 244.060 (3).
CONSIDERATION
Includes a gift, payment, distribution, loan, advance or deposit of money or anything of value, and includes a contract, promise or agreement, whether or not legally enforceable.
DEPARTMENT DIRECTOR
Means any person employed by Metro in a position on a permanent basis which authority is to administer a department of Metro as designated by the Chief Operating Officer.
DOING BUSINESS
Means entering into a direct contractual relationship with a business with which the Metro official is associated.
ELECTED OFFICIAL
Means any person elected or appointed as a member of the Metro Council, or the Auditor.
EMPLOYER OF A LOBBYIST
Means the individual or entity required to grant official authorization to a lobbyist to lobby on their behalf pursuant to Section 2.17.200(a)(2).
ETHICS
Means positive principles of conduct, some of which are also enforced by federal, state or other local law.
GIFT
Means something of economic value given to a public official, a candidate or a relative or member of the household of the public official or candidate:
(a) 
Without valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, which is not extended to others who are not public officials or candidates or the relatives or members of the household of public officials or candidates on the same terms and conditions; or
(b) 
For valuable consideration less than that required from others who are not public officials or candidates.
(c) 
“Gift” does not mean those items excluded by ORS 244.020(6)(b).
HONORARIUM
Means a payment or something of economic value given to a public official in exchange for services upon which custom or propriety prevents the setting of a price. Services include, but are not limited to, speeches or other services rendered in connection with an event.
LEGISLATIVE ACTION
Means introduction, sponsorship, testimony, debate, voting or any other official action on any ordinance, resolution, amendment, nomination, appointment or report, or any matter which may be the subject of action by the Metro Council or any committee thereof.
LEGISLATIVE OR ADMINISTRATIVE INTEREST
Means an economic interest, distinct from that of the general public, in one or more contracts, agreements, relationships, ordinances, resolutions, regulations, proposals or any other matters subject to the action or vote of the specific Public Official.
LOBBYING
Means influencing, or attempting to influence, legislative action through oral or written communication with Metro officials, solicitation of others to influence or attempt to influence legislative action or attempting to obtain the good will of Metro Councilors.
LOBBYIST
Means: (i) Any individual who agrees to provide personal services for money or any other consideration for the purpose of lobbying; and (ii) Any employee of a business, not-for-profit corporation, association, organization or other group, who engages in lobbying.
METRO
Means all of Metro including any department or branch of Metro including any Metro commission or venue.
METRO COMMISSIONER
Means any person appointed to a position on the Metropolitan Exposition Recreation Commission.
METRO FACILITIES
Means meeting venues, meeting rooms, meeting areas or other Metro property generally available to the public.
METRO OFFICIAL
Means any Department Director, manager, elected official or Metro commissioner.
PERSON
Means any individual, business, association, corporation, organization or other group.
PUBLIC AGENCY
Means any governmental body, including but not limited to the Federal Government, the State of Oregon, any other state of the United States of America, or any public agency or municipal corporation thereof.
PUBLIC OFFICIAL
Means any person who, when an alleged violation of this chapter occurs, is serving Metro as an elected official, appointed official, employee or agent, irrespective of whether the person is compensated for such services.
RELATIVE
Means:
(a) 
The spouse, parent, stepparent, child, sibling, stepsibling, son-in-law or daughter-in-law of the public official or candidate;
(b) 
The parent, stepparent, child, sibling, stepsibling, son-in-law or daughter-in-law of the spouse of the public official or candidate;
(c) 
Any individual for whom the public official or candidate has a legal support obligation;
(d) 
Any individual for whom the public official provides benefits arising from the public official’s public employment or from whom the public official receives benefits arising from that individual’s employment; or
(e) 
Any individual from whom the candidate receives benefits arising from that individual’s employment.
WHISTLEBLOWING
Means disclosing information pursuant to the protective provision of The Oregon Whistleblower Law (renumbered in 2001: ORS 659A.200 through 659A.224). In addition, whistleblowing shall include disclosing information regarding the violation of any provision of the Metro Charter or Metro Code.
[Ord. 14-1343]
(a) 
During a calendar year, a public official, a candidate, or a relative or member of the household of the public official or candidate, may not solicit or receive, directly or indirectly, any Gift or Gifts with an aggregate value in excess of $50 from any single source that could reasonably be known to have a legislative or administrative interest, unless a specific exemption to the gift limit applies as set forth in ORS 244.020 (6)(b).
(b) 
During a calendar year, a person who has a legislative or administrative interest may not offer to the public official or a relative or member of the household of the public official any gift or gifts with an aggregate value in excess of $50.
(c) 
During a calendar year, a person who has a legislative or administrative interest may not offer to the candidate or a relative or member of the household of the candidate any gift or gifts with an aggregate value in excess of $50.
[Ord. 14-1343]
(a) 
Except as provided in subsection (b) of this section, a public official may not use or attempt to use official position or office to obtain financial gain or avoidance of financial detriment for the public official, a relative or member of the household of the public official, or any business with which the public official or a relative or member of the household of the public official is associated, if the financial gain or avoidance of financial detriment would not otherwise be available but for the public official’s holding of the official position or office.
(b) 
Subsection (a) of this section does not apply to:
(1) 
Any part of an official compensation package as determined by the public body that the public official serves;
(2) 
The receipt by a public official or a relative or member of the household of the public official of an honorarium or any other item allowed under ORS 244.042;
(3) 
Reimbursement of expenses;
(4) 
An unsolicited award for professional achievement;
(5) 
Gifts that do not exceed the limits specified in ORS 244.025 or Metro Code 2.17.030 received by a public official or a relative or member of the household of the public official from a source that could reasonably be known to have a legislative or administrative interest;
(6) 
Gifts received by a public official or a relative or member of the household of the public official from a source that could not reasonably be known to have a legislative or administrative interest; or
(7) 
The receipt by a public official or a relative or member of the household of the public official of any item, regardless of value, that is expressly excluded from the definition of “gift” in ORS 244.020.
(c) 
A public official may not solicit or receive, either directly or indirectly, and a person may not offer or give to any public official any pledge or promise of future employment, based on any understanding that the vote, official action or judgment of the public official would be influenced by the pledge or promise.
(d) 
A public official may not attempt to further or further the personal gain of the public official through the use of confidential information gained in the course of or by reason of holding position as a public official or activities of the public official.
(e) 
A person who has ceased to be a public official may not attempt to further or further the personal gain of any person through the use of confidential information gained in the course of or by reason of holding position as a public official or the activities of the person as a public official.
(f) 
A person may not attempt to represent or represent a client for a fee before the governing body of a public body of which the person is a member. This subsection does not apply to the person’s employer, business partner or other associate.
(g) 
The provisions of this section apply regardless of whether actual conflicts of interest or potential conflicts of interest are announced or disclosed.
[Ord. 14-1343]
(a) 
Except as provided in subsection (c) of this section, a public official may not solicit or receive, whether directly or indirectly, honoraria for the public official or any member of the household of the public official if the honoraria are solicited or received in connection with the official duties of the public official.
(b) 
Except as provided in subsection (c) of this section, a candidate may not solicit or receive, whether directly or indirectly, honoraria for the candidate or any member of the household of the candidate if the honoraria are solicited or received in connection with the official duties of the public office for which the person is a candidate.
(c) 
This section does not prohibit:
(1) 
The solicitation or receipt of an honorarium or a certificate, plaque, commemorative token or other item with a value of $50 or less; or
(2) 
The solicitation or receipt of an honorarium for services performed in relation to the private profession, occupation, avocation or expertise of the public official or candidate.
[Ord. 14-1343]
(a) 
“Actual conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which would be to the private pecuniary benefit or detriment of the person or the person’s relative or any business with which the person or a relative of the person is associated unless the pecuniary benefit or detriment arises out of circumstances described in subsection (b) of this section.
(b) 
“Potential conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or the person’s relative, or a business with which the person or the person’s relative is associated, unless the pecuniary benefit or detriment arises out of the following:
(1) 
An interest or membership in a particular business, industry, occupation or other class required by law as a prerequisite to the holding by the person of the office or position;
(2) 
Any action in the person’s official capacity which would affect to the same degree a class consisting of all inhabitants of the state, or a smaller class consisting of an industry, occupation or other group including one of which or in which the person, or the person’s relative or business with which the person or the person’s relative is associated, is a member or is engaged; or
(3) 
Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under section 501(c) of the Internal Revenue Code.
[Ord. 14-1343]
(a) 
Except as provided in subsection (b) of this section, when met with an actual or potential conflict of interest, a public official shall:
(1) 
If the public official is a member of the Metro Council or MERC Commission, announce publicly, pursuant to Council or Commission rules, the nature of the conflict before taking any action thereon in the capacity of a public official.
(2) 
If the public official is any other Metro Official subject to this chapter, notify in writing the person who supervises or appointed the public official to office of the nature of the conflict, and request that the appointing or supervising authority dispose of the matter giving rise to the conflict. Upon receipt of the request, the appointing authority or supervisor shall designate within a reasonable time an alternate to dispose of the matter, or shall direct the official to dispose of the matter in a manner specified by the supervisor appointing authority.
(b) 
A member of the Metro Council or MERC Commission, shall:
(1) 
When met with a potential conflict of interest, announce publicly the nature of the potential conflict prior to taking any action thereon in the capacity of a public official; or
(2) 
When met with an actual conflict of interest, announce publicly the nature of the actual conflict and:
(A) 
Except as provided in Subsection (b)(2)(B) of this section, refrain from participating as a public official in any discussion or debate on the issue out of which the actual conflict arises or from voting on the issue; or
(B) 
If any public official’s vote is necessary to meet a requirement of a minimum number of votes to take official action, be eligible to vote, but not to participate as a public official in any discussion or debate on the issue out of which the actual conflict arises.
(c) 
Nothing in subsection (a) or (b) of this section requires any public official to announce a conflict of interest more than once on the occasion which the matter out of which the conflict arises is discussed or debated.
[Ord. 99-795B, § 1; Ord. 02-967, § 1; Ord. 14-1343]
(a) 
The Council specifically recognizes the provisions of The Oregon Whistleblower Law (ORS 659A.200 through 659A.224). The Council directs the Chief Operating Officer, pursuant to ORS 659A.221, to establish for Metro the specific regulations and procedures to implement the Oregon Whistleblower Law.
(b) 
Metro officials shall recognize whistle-blowing as appropriate and in accordance with state law. However, this provision shall not preclude taking disciplinary action against any Metro employee when it is appropriate to do so for independent reasons.
[Ord. 99-795B, § 1; Ord. 02-967, § 1; Ord. 14-1343]
(a) 
Except as provided for in subsections (b) and (c), Metro may not do business with any Metro official while the official is in office or within one year after the Metro official ceases to be a Metro official if the official had authority to exercise official responsibility in the matter. Any contract entered into in violation of this provision is void.
(b) 
Upon the request of the Chief Operating Officer or a Metro commission, the Council may waive the effect of the prohibition contained in subsection (a) upon making written findings that:
(1) 
It is in the best interests of Metro to do business with the Metro official;
(2) 
The Metro official took no action while in office that directly related to the preparation of the terms and conditions in the contract documents that may give an appearance of impropriety or favoritism; and
(3) 
Other factors exist which are explicitly found by the Council to benefit Metro that outweigh the policy considerations of ensuring that no appearance of favoritism exists in the award of Metro contracts.
(c) 
This section shall not be construed to permit any activity that is otherwise prohibited by any other statute, rule, ordinance, or other law.
[Ord. 14-1343]
(a) 
Except as provided in subsection (c) of this section, a person who ceases to hold a position as a public official may not have a direct beneficial financial interest in a public contract described in subsection (b) of this section for two years after the date the contract was authorized.
(b) 
Subsection (a) of this section applies to a Metro contract that was authorized by:
(1) 
The person acting in his or her official capacity when the contract was authorized; or
(2) 
A board, commission, council, bureau, committee or other governing body of a public body of which the person was a member when the contract was authorized.
(c) 
Subsection (a) of this section does not apply to a person who held his or her official position when the contract was authorized, but who did not participate in the authorization of the contract.
[Ord. 14-1343]
(a) 
A Metro Official shall not:
(1) 
Within one year after the Metro Official no longer works at Metro:
(A) 
Become an employee of or receive any financial gain, other than reimbursement of expenses, from any private employer who worked with Metro on matters over which the former Metro Official had authority; or
(2) 
Within two years after the Metro Official no longer works at Metro:
(A) 
Be a lobbyist for or appear as a representative before Metro related to any program, project, issue, or activity over which the person exercised authority as a Metro official; or
(B) 
Influence or try to influence the actions of the agency.
(b) 
A public official who has been an attorney with the Office of Metro Attorney shall not, within two years after the person ceases to hold the position, lobby or appear before Metro related to any matter over which the person exercised authority as an attorney at Metro.
(c) 
A public official who has been the Metro Chief Financial Officer or Deputy Chief Financial Officer shall not, within one year after leaving Metro:
(1) 
Accept employment from or be retained by any private entity with whom Metro negotiated or to whom either awarded a contract providing for payment by Metro of at least $25,000 in any single year during the time that person held that position;
(2) 
Accept employment from or be retained by any private entity with whom the office of the State Treasurer or the Oregon Investment Council placed at least $50,000 of investment moneys in any single year during the term of office of the treasurer; or
(3) 
Be a lobbyist for an investment institution, manager or consultant, or appear before the office of the State Treasurer or Oregon Investment Council as a representative of an investment institution, manager or consultant.
(d) 
A public official who as part of the official’s duties invested public funds shall not within two years after the public official ceases to hold the position:
(1) 
Be a lobbyist or appear as a representative before the agency, board or commission for which the former public official invested public funds;
(2) 
Influence or try to influence the agency, board or commission; or
(3) 
Disclose any confidential information gained as a public official.
(e) 
A person who has been a member of the Metro Council may not receive money or any other consideration for lobbying Metro performed for two years after the date the person ceases to be a member of the Metro Council.
(f) 
Upon the request of the Chief Operating Officer or a Metro commission, the Council may waive the effect of the prohibition contained in subsection (a) upon making written findings that:
(1) 
It is in the best interests of Metro to do business with the Metro official;
(2) 
The Metro official took no action while in office that directly related to the preparation of the terms and conditions in the contract documents that may give an appearance of impropriety or favoritism; and
(3) 
Other factors exist which are explicitly found by the Council to benefit Metro that outweigh the policy considerations of ensuring that no appearance of favoritism exists in the award of Metro contracts.
(g) 
This section shall not be construed to permit any activity that is otherwise prohibited by any other statute, rule, ordinance, or other law.