(1) Subject to the authorization of the Oregon Government Ethics Commission as described in ORS § 244.209, a public official may establish a legal expense trust fund if the public official incurs or reasonably expects to incur legal expenses described in subsection (2) of this section.

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Terms Used In Oregon Statutes 244.205

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
  • Public official: means the First Partner and any person who, when an alleged violation of this chapter occurs, is serving the State of Oregon or any of its political subdivisions or any other public body as defined in ORS § 174. See Oregon Statutes 244.020

(2) Proceeds from the trust fund may be used by the public official to defray legal expenses incurred by the public official in any civil, criminal or other legal proceeding or investigation that relates to or arises from the course and scope of duties of the person as a public official. The legal expenses must be incurred in connection with:

(a) The issuance of a court’s stalking protective order under ORS § 30.866 or 163.738;

(b) The issuance of a citation under ORS § 163.735;

(c) A criminal prosecution under ORS § 163.732;

(d) A civil action under ORS § 30.866; or

(e) Defending the public official in a proceeding or investigation brought or maintained by a public body as defined in ORS § 174.109.

(3) Except as provided in subsection (2) of this section, a public official may not use proceeds from the trust fund for any personal use.

(4) A public official may not establish or maintain more than one legal expense trust fund at any one time.

(5) The provisions of ORS Chapter 130 do not apply to a trust fund established under ORS § 244.205 to 244.221. [2007 c.877 § 29; 2009 c.505 § 1]

 

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