LINCOLN CITY — A member of the Oregon Government Ethics Commission speaking to a conservative crowd this week recounted a disreputable list of politicians who have been hauled before the blue-ribbon board for hefty fines and career-ending judgments.

“We don’t want to make people homeless and put them on the street, but one of the consequences is that careers have been destroyed, reputations ruined.”
RICHARD P. BURKE, Oregon Govt. Ethics Commission

The comments coincided with an ongoing investigation into the Lincoln Co. Board of Commissioners over potentially-illegal public meetings, part of the panel’s growing jurisdiction over Oregon’s enlightened Open Meetings Act.

Richard P. Burke, one of nine members of the bi-partisan board, recalled several prominent examples of public officials who broke ethics laws (ORS 244) forbidding wrongful financial or personal gain, nepotism or other abuses in the exercise of their duties. One of those cases involved former Oregon Secretary of State Shemia Fagan, who resigned in May 2023 when it was revealed she had signed a $10,000 a month contract with a cannabis company being audited by her own agency and had pressured auditors to loosen regulations. Judging she used her public office for private gain, the commission fined her $3,600.

“She resigned and she’ll never come back,” stated Burke of the unwritten penalty for high-profile violators. “As far as the penalty matrix, she didn’t get fined that much. We don’t want to make people homeless and put them on the street, but one of the consequences is that careers have been destroyed, reputations ruined.”

Burke said OGEC labors under 100 cases per meeting, including minor complaints like the city employee who used an office copier to print notices for her yoga class, or the water bureau manager who allowed a stranded motorist to park on public property. Complaints are quickly dismissed if there is no violation of state law, or referred for further investigation.

Burke’s tenure on the board goes back to Oregon Gov. John Kitzhaber, who resigned in 2015 over a scandal involving his fiancée, Cylvia Hayes. In 2018, OGEC ruled that Hayes violated the law 22 times, using her position as First Lady and advisor to land private green-energy consulting contracts and state resources to fulfill those deals. They also found Kitzhaber guilty of 10 abuses of his office, including accepting a $4,000 gift. The limit is $50, Burke noted.

A central part of the case was the ruling that Hayes, despite being an unpaid volunteer, was a “public official” under Oregon law because she exercised authority over public employees and shaped policy.

“If you’re mowing the lawn or picking up litter for a government entity, you are considered a public official,” said Burke, a registered Libertarian among Democrats and Republicans, all appointed by the governor.

Fines run from $50 to $50,000, but are generally settled with a “letter of education.” Kitzhaber was fined $20,000, Hayes $44,000.

“I have to hand it to him, he fell on his sword,” recalled Burke. “But Cylvia cried and denied and wouldn’t accept any accountability. We just ask that people work with us. Our primary mission is to educate.”

Burke also mentioned the Oregon Liquor & Cannabis Commission’s 2023 “Bourbangate” disgrace where OLCC officials diverted rare whiskeys for their personal use, earning sizeable financial and career-wrecking penalties. At least five top employees were fired or resigned as the agency was overhauled in the scandal’s wake.

Burke’s comments came March 10 at the monthly meeting of the Hilltop Patriots, which counts about 100 members and has spin-off groups in several Oregon counties.