Ethics Commission doesn't want to pay when it loses

The Oregon Government Ethics Commission’s director says his agency has proposed a bill in the upcoming legislative session that would prevent it from having to pay attorneys’ fees in the event that it loses a contested case in court.

Director Ron Bersin said in an interview last week that the possibility of having to pay attorney’s fees has had a chilling effect on bringing ethics cases to court, and that other regulatory agencies at the state do not have the same requirement.

“It’s been a real deterrent to this agency to push the issues out there,” Bersin said.

When someone who is being investigated by the commission disagrees with a finding by the commission, they can contest the finding in court.

Bersin said the agency will often settle those cases because they fear losing the case and having to pay the opposing party’s attorneys’ fees, although, he says, the issues at hand could use the scrutiny of a court.

“I think the timing’s probably right in asking for it this time,” Bersin said. He later continued: “People are looking at the agency and want the agency to work and want transparency from it.”