ORS Chapter 177
Chapter 177 — Secretaryof State
2009 EDITION
SECRETARYOF STATE
EXECUTIVEBRANCH; ORGANIZATION
177.010 Oathand bond
177.020 Successiverecoveries on bond
177.030 Dutiesof Secretary of State
177.040 DeputySecretary of State
177.050 Employmentand administration of personnel; merit system; rules
177.060 Designationof persons to sign in name of Secretary of State
177.070 Bondsfor clerks or positions
177.075 Authorityof Secretary of State to require fingerprints
177.080 Actsof Congress and of states to be deposited in State of Oregon Law Library
177.110 OregonGuide
177.120 OregonBlue Book
177.130 Feesof the Secretary of State
177.140 Secretaryof State Administration Division Account
177.150 Recordrequired for Secretary of State Miscellaneous Receipts Account
177.170 GovernmentWaste Hotline; acceptance of other reports; purpose; notice
177.180 Reportsreceived through Government Waste Hotline or by other method; confidentiality;investigation; written determination; annual report to Legislative Assembly
177.190 Purchaseof state flags for Armed Forces by Secretary of State
177.200 Portfolio-basedmanagement of information technology resources
177.010Oath and bond.The Secretary of State, before entering upon the duties of office, shall takeand subscribe the oath required by the Constitution, and give a bond, withsufficient sureties, to the State of Oregon, in the sum of $10,000, conditionedfor the faithful discharge of the duties of office as Secretary of State and asAuditor, and that the Secretary of State will deliver over to a successor inthe office of the Secretary of State, or to any other person authorized by lawto receive the same, all moneys, books, records and all papers pertaining tothe office. The bond shall be approved by the Governor and, together with theoath of office, shall be preserved in the executive office. [Amended by 1977c.366 §1]
177.020Successive recoveries on bond. One recovery had on the official bondgiven by the Secretary of State shall not render the bond void, but the bondmay be prosecuted upon a breach thereof, from time to time, until the wholepenalty is collected.
177.030Duties of Secretary of State. The Secretary of State shall:
(1)Keep a record of the official acts of the Oregon Department of AdministrativeServices and, when required, lay the same and all matters relative theretobefore each branch of the legislature.
(2)Affix the seal of the state to, and countersign all commissions and otherofficial acts issued or done by the Governor, approbation by the Governor ofthe laws excepted, and make a register of such commissions, specifying to whomgiven or granted, the office conferred, with the date and tenor of thecommission, in a book to be provided for that purpose.
(3)Be charged with the safekeeping of all enrolled laws and resolutions and notpermit them to be taken out of the office or inspected, except in the presenceof the Secretary of State, unless by order of the Governor, or by resolution ofone or both houses of the legislature, under penalty of $100.
(4)Keep the office open during business hours at all times, Sundays excepted. [Amendedby 2003 c.14 §72]
177.040Deputy Secretary of State. The Secretary of State may appoint in writing oneDeputy Secretary of State who shall hold the office during the pleasure of theSecretary of State. The Secretary of State is responsible for the acts of theDeputy Secretary of State. The Deputy Secretary of State shall qualify bytaking the oath of the principal, to be indorsed upon and filed with thecertificate of appointment, and when so qualified the Deputy Secretary of Statehas the power to perform any act or duty of the Secretary of State pertainingto the office. [Amended by 1981 c.528 §2]
177.050Employment and administration of personnel; merit system; rules. (1) TheSecretary of State may employ and appoint necessary personnel, including clerksand assistants, to aid in the performance of the duties of the office of theSecretary of State.
(2)The personnel shall be paid out of the State Treasury, and their compensationmay not exceed the appropriation of the Legislative Assembly for thecompensation.
(3)Except as provided in subsection (4) of this section, ORS chapter 240 does notapply to the office of the Secretary of State.
(4)ORS 240.165, 240.167, 240.240 (3) and 240.321 apply to the office of theSecretary of State.
(5)The Secretary of State shall adopt rules, policies and procedures necessary toestablish a system of personnel administration based on merit principles. Thesystem must include provisions for the transfer of accumulated leave with paybetween the office of the Secretary of State and other state agencies. Foremployees who do not serve at the pleasure of the Secretary of State or who arenot subject to a collective bargaining agreement, the system must providestandards for discipline and dismissal and a process for appeal of decisionsrelated to discipline and dismissal.
(6)The clerks and assistants shall take an oath to support the Oregon Constitutionand faithfully to discharge the duties of their positions. [Amended by 1955c.287 §17; 1981 c.528 §3; 2005 c.751 §1]
177.060Designation of persons to sign in name of Secretary of State. The Secretaryof State may designate one or more of the secretary’s clerks or assistants, inthe secretary’s name, to sign or countersign or sign and countersign vouchers,official acts of the Governor or the Legislative Assembly and other papers,documents and certificates requiring the signature of the Secretary of State. [Amendedby 1981 c.528 §4; 1983 c.740 §42]
177.070Bonds for clerks or positions. The Secretary of State may requirecorporate surety bonds executed by a company licensed to transact business inthe State of Oregon for the clerks or positions the Secretary of State deemsproper. The surety bonds shall run to the State of Oregon in the amounts theSecretary of State approves. The premiums for the surety bonds shall be paid bythe State of Oregon.
177.075Authority of Secretary of State to require fingerprints. For the purposeof requesting a state or nationwide criminal records check under ORS 181.534,the Secretary of State may require the fingerprints of a person who:
(1)(a)Is employed or applying for employment by the Secretary of State; or
(b)Provides services or seeks to provide services to the Secretary of State as acontractor; and
(2)Is, or will be, working or providing services in a position:
(a)In which the person is providing information technology services and has controlover, or access to, information technology systems that would allow the personto harm the information technology systems or the information contained in thesystems;
(b)In which the person has access to information, the disclosure of which isprohibited by state or federal laws, rules or regulations or information thatis defined as confidential under state or federal laws, rules or regulations;
(c)That has fiscal, payroll or purchasing responsibilities as one of the position’sprimary responsibilities;
(d)In which the person has responsibility for conducting audits; or
(e)In which the person has access to personal information about employees ormembers of the public including Social Security numbers, dates of birth, driverlicense numbers, personal financial information or criminal backgroundinformation. [2005 c.730 §52]
177.080Acts of Congress and of states to be deposited in State of Oregon Law Library. The Secretaryof State shall cause the Acts of the Congress of the United States, and of theseveral states, which may be received at the office of the Secretary of State,to be deposited in the State of Oregon Law Library. [Amended by 2001 c.779 §7]
177.090 [Repealed by1993 c.98 §26]
177.100 [Repealed by1953 c.224 §4]
177.110Oregon Guide.The Secretary of State may provide for the distribution or sale of the OregonGuide, a publication edited and compiled under the auspices of the UnitedStates Government, relating to the scenery, natural resources, history andgeneral information of the State of Oregon, under the terms and conditionsdeemed advisable by the Oregon State Board of Control. All moneys realized fromthe sale and distribution of the Oregon Guide shall be placed to the credit ofthe General Fund.
177.120Oregon Blue Book.(1) The Secretary of State shall compile and issue biennially on or aboutFebruary 15 of the same year as the regular sessions of the LegislativeAssembly, an official directory of all state officers, state institutions,boards and commissions and district and county officers of the state, to beknown as the Oregon Blue Book, and include therein the information regardingtheir functions that the secretary considers most valuable to the people of thestate, together with such other data and information as usually is included insimilar publications. The Secretary of State may cause the Oregon Blue Book tobe copyrighted.
(2)In order to fully carry out the intent and purposes of this section, theSecretary of State may request of any state, district and county officials anyinformation concerning their offices, institutions or departments that thesecretary desires to include in the Oregon Blue Book. The officials shallfurnish the information.
(3)The Secretary of State may distribute the Oregon Blue Book free of charge,under such regulations as the secretary may establish, to schools and tofederal, state, county and city officials of the State of Oregon. The copiesdistributed under this subsection shall not be sold.
(4)The Secretary of State shall determine a reasonable price, and charge suchprice, for each copy of the Oregon Blue Book distributed to the general public.The secretary may also establish a discount price for dealers and shall set theprice for resale by dealers in order to maintain a uniform price. The sumcollected shall be paid over to the State Treasurer and credited to theSecretary of State Miscellaneous Receipts Account established under ORS279A.290. [Amended by 1953 c.586 §1; 1967 s.s. c.10 §1; 1973 c.126 §1; 1981c.467 §1; 1991 c.169 §1; 2003 c.794 §198]
177.130Fees of the Secretary of State. (1) The Secretary of State shallestablish a schedule of fees to be charged in the office of the Secretary ofState for furnishing a copy of, recording, or certifying and affixing the stateseal to any document; for issuing certificates of official character; and foraffixing the state seal to and countersigning or attesting any document issuedby the Governor. The fees shall be reasonably calculated to reimburse theoffice for the cost thereof. No fee, however, shall be charged for affixing thestate seal and countersigning or attesting pardons, commutations, paroles,military commissions, extradition papers, certificates of election to state anddistrict officers and commissions and appointments under which the appointeereceives no compensation.
(2)No member of the legislature or state officer shall be charged any fee for anycertificate or certified copy relative to the official duties of the member orofficer.
(3)This section does not apply to any commission issued by the Governor. [Amendedby 1961 c.350 §1; 1975 c.720 §1; 1981 c.11 §3]
177.140Secretary of State Administration Division Account. There isestablished in the General Fund an account to be known as the Secretary of StateAdministration Division Account. All moneys received by the Secretary of Statefor administrative service charges shall be deposited in the account. Allmoneys in the Secretary of State Administration Division Account areappropriated continuously to the Secretary of State for payment of expensesincurred in performing the duties and functions of the Secretary of State thatprovide policy directions and centralized support services to the divisions andboards of the agency. [1989 c.112 §5]
177.150Record required for Secretary of State Miscellaneous Receipts Account. The Secretaryof State shall cause a record to be kept of all moneys paid into the Secretaryof State Miscellaneous Receipts Account established under ORS 279A.290.Together with other matters, the record shall indicate, by separate account,the source from which the moneys paid in are derived and the activity orprogram against which any payment or withdrawal is charged. [1991 c.169 §4;2003 c.794 §199]
177.170Government Waste Hotline; acceptance of other reports; purpose; notice. (1) TheSecretary of State shall establish a toll-free telephone line that is availableto public employees and members of the public for the purpose of reportingwaste, inefficiency or abuse by state agencies, state employees or personsunder contract with state agencies.
(2)In addition to establishing a toll-free telephone line under subsection (1) ofthis section, the secretary shall also accept reports of waste, inefficiency orabuse by state agencies, state employees or persons under contract with stateagencies made to the secretary by any other method.
(3)The toll-free telephone line required to be established under subsection (1) ofthis section shall be known as the Government Waste Hotline. The secretaryshall prepare written notices that explain the purpose of the Government WasteHotline and that prominently display the telephone number for the GovernmentWaste Hotline. The notice shall be posted in all state offices. If a stateoffice is open to members of the public, the notice shall be posted in a placewhere the public is most likely to see the notice.
(4)The secretary shall publicize the availability of the Government Waste Hotlinethrough print and electronic media. [1995 c.138 §1; 2007 c.185 §1]
177.180Reports received through Government Waste Hotline or by other method;confidentiality; investigation; written determination; annual report toLegislative Assembly.(1) The Secretary of State shall designate one person employed by the Divisionof Audits of the Office of the Secretary of State to be responsible for reportsof waste, inefficiency or abuse received through the Government Waste Hotlineor received by the secretary through any other method. The person designatedunder this section shall log all reports received.
(2)Notwithstanding any other provision of law, the identity of any person making areport under ORS 177.170 is confidential. A report of waste, inefficiency orabuse received under ORS 177.170 and any resulting investigation areconfidential unless the Secretary of State finds that waste, inefficiency orabuse has occurred and reports these findings as provided under subsection (4)of this section. If the Secretary of State finds that waste, inefficiency orabuse has occurred, a report of waste, inefficiency or abuse and any resultinginvestigation are confidential until the investigation described in subsection(3) of this section is complete.
(3)The secretary shall conduct an initial investigation of each report of waste,inefficiency or abuse made under ORS 177.170. Following the initialinvestigation, the secretary shall determine which reports shall beinvestigated further and assign the investigation to audit staff qualified toconduct waste, inefficiency and abuse investigations. The secretary may auditany state agency if it appears that officers or employees of the agency, orpersons under contract with the agency, are engaging in activities thatconstitute waste, inefficiency or abuse. Notwithstanding subsection (2) of thissection:
(a)If the secretary determines during the investigation that a violation of anyprovision of ORS chapter 244 may be occurring or may have occurred, thesecretary shall notify the Oregon Government Ethics Commission of the potentialviolation; and
(b)If the secretary determines during the investigation that fraud or othercriminal activity may be occurring or may have occurred, the secretary shallnotify the appropriate law enforcement agency of the potential fraud or othercriminal activity.
(4)Subject to the confidentiality requirements of subsection (2) of this section,upon completion of an investigation under this section:
(a)The secretary shall determine in writing whether officers or employees of astate agency, or persons under contract with a state agency, are engaging inactivities that constitute waste, inefficiency or abuse. The writtendetermination may include other information about the nature of theinvestigation or the secretary’s determination.
(b)If the secretary finds that waste, inefficiency or abuse has occurred, uponrequest of the person who made the report under ORS 177.170, the secretaryshall provide the person with a copy of the determination and any otherinformation included by the secretary.
(c)If the secretary determines that officers or employees of another state agencyor public body, or persons under contract with a state agency or public body,are involved in activities that constitute waste, inefficiency or abuse, thesecretary shall notify the state agency or public body of the determination anddeliver a copy of the secretary’s findings to the agency or body.
(5)A written determination prepared by the secretary under this section is apublic record.
(6)The secretary shall prepare an annual report and submit it to each regularsession of the Legislative Assembly and to appropriate interim committees ofthe Legislative Assembly. The report shall describe the number, nature andresolution of reports made under ORS 177.170 and shall identify savingsresulting from improved efficiencies or the elimination of waste or abuseresulting from reports received and investigations conducted under this sectionand ORS 177.170. The report shall also list the number and nature of anypositive reports received relating to state agencies, state employees orpersons under contract with state agencies. [1995 c.138 §2; 2007 c.185 §2]
177.190Purchase of state flags for Armed Forces by Secretary of State. Upon writtenrequest and at the discretion of the Secretary of State, the Secretary of Stateis authorized to purchase and furnish an Oregon State Flag to units or toindividual Oregon members of the Armed Forces of the United States serving athome or abroad. The cost of furnishing such flags shall be paid out of fundsappropriated or made available from other sources to the Secretary of State tocarry out the purpose of this section. [Formerly 279.795]
177.200Portfolio-based management of information technology resources. (1) TheSecretary of State shall implement portfolio-based management of informationtechnology resources, as described in this section, to:
(a)Ensure that the Office of the Secretary of State links its informationtechnology investments with business plans;
(b)Facilitate risk assessment of information technology projects and investments;
(c)Ensure that the office justifies information technology investments on thebasis of sound business cases;
(d)Ensure that the office facilitates development and review of informationtechnology performance related to business operations;
(e)Identify projects that can cross agency and program lines to leverageresources; and
(f)Assist in state government-wide planning for common, shared informationtechnology infrastructure.
(2)The Secretary of State shall integrate strategic and business planning,technology planning and budgeting and project expenditure processes into theSecretary of State’s information technology portfolio-based management.
(3)The Secretary of State shall conduct and maintain a continuous inventory ofcurrent and planned investments in information technology, a compilation ofinformation about those assets and the total life cycle cost of those assets.
(4)The Secretary of State shall develop and implement standards, processes andprocedures for the required inventory and for the management of the informationtechnology portfolio.
(5)As used in this section, “information technology” has the meaning given thatterm in ORS 184.473. [2001 c.936 §7]
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