Oregon
Finalists for Oregon Ethics Commission director answer questions during ‘meet and greet’
The search for the replacement for the Oregon Government Ethics Commission’s current director, Ron Bersin, who is retiring after leading the agency since 2006, is down to two candidates.
Susan Myers and Jay Messenger work in Salem as state government employees. They answered submitted questions Thursday so the commission could better understand how they would respond to potential budget cuts and their leadership style, and their knowledge about the position.
The commission enforces the state’s ethics laws, provides training for public officials and maintains the registry of required economic interest disclosures, registered lobbyists, and quarterly expenditures.
State auditors in 2021 said the nine-member commission could be strengthened and more independent. The commission last year launched an investigation into former secretary of state Shemia Fagan and her potential ethics violations of using state resources for personal benefit and reimbursement of personal expenses. The commission also made headlines after Gov. John Kitzhaber resigned amid an ethics scandal in 2015.
The full commission is set to conduct a final interview with the finalists this week.
Susan Myers, OGEC’s compliance and education coordinator
Meyers joined the commission in 2018 as an investigator. She received her bachelor’s in English from the University of Arizona and a master’s degree in English Literature from the University of New Mexico. She moved to Portland in the 1990s and taught English Literature for 10 years at Mt. Hood Community College and Portland Community College before returning to Arizona and attending law school. She worked at a private law firm before becoming an assistant attorney general in Arizona from 2008 through 2016, specializing in antitrust law.
Jay Messenger, internal controls officer for the Oregon Department of Revenue
Messenger was raised in Pennsylvania and attended Temple University for his undergraduate and law degree. He worked for two law firms doing securities regulatory defense and was a senior attorney in the National Association of Securities Dealers’ Department of Enforcement. He taught at Santa Clara University’s School of Law before moving to Oregon in 2010 and teaching at Willamette University’s College of Law. He also briefly worked as a chief of staff for California Assembly member Tony Thurmond in 2016. He joined the Oregon Department of Education as the legal and enforcement director from 2019 to 2022 before his latest position at the Department of Revenue.
Below are responses the finalists gave Thursday during what the commission called a “meet and greet.” They have been edited for length and clarity.
What is your understanding of the mission of the Oregon Government Ethics Commission?
Myers: To enforce the areas of law within its jurisdiction and to do so with impartiality. To accept complaints alleging violations of the three areas of law: ethics laws, lobbying laws and the public meetings. Our mission is to enforce those laws, but our mission also is to educate and that part of the mission, education, is, in my mind, primary. We accomplish more by educating people than simply by fining them or sanctioning them. I’m not saying the enforcement is not important but even in the enforcements, in the investigations, and so forth, the goal is still education because we don’t want people to repeat the same offenses.
Messenger: It administers and enforces Oregon government ethics and emphasizes education. Beyond the actual text of it is the government ethics commission deals with lobbying. It deals with government ethics, generally a lot of conflict-of-interest work. It deals with executive session laws. The OGEC has this body of law that they have to administer and enforce and just like any regulatory compliance practice, which I’ve been involved with most of my legal career, is making sure that those rules are adhered to. What I really appreciate about this mission is the education aspect … What any regulator wants is voluntary compliance. So you need the hammer of the enforcement but you also need to be able to teach and get the message out and help people understand … The mission is extremely important in order for people to have faith in government.
What experience do you bring that will help you be successful in this role?
Messenger: My own unique path meets the job duties of this description and would help support me … my law background deals with statutes and regulations. I spent almost a decade teaching in law schools … I’ve had significant management positions.
Myers: Being an English professor, being an attorney … and the years I’ve spent at this agency. Ron Bersin has taught me a lot in those years. I’ve learned a lot. He has intentionally involved me in every aspect of the agency.
What are your top priorities for the agency in the first 30, 60 and 90 days?
Myers: In the first 30 days, the top priority is a successful transition, making sure staff understands expectations and how things will be working but outwardly facing is move the rulemaking process for public meetings law. We’re going to do rulemaking for ethics and lobby laws as well but getting the public meetings law done and getting the rules advisory committee formed is the primary goal for the next 30 to 60 days … And then we also have other items. Budgetary things that have to happen by early February as well legislative concepts … 60 to 90 days would be making sure the rulemaking process gets completed … taking steps to make our agency a little more open and transparent. That may be by providing more information on our website … figuring out where our agency could be more open and providing better information to the public.
Messenger: There’s some information I don’t have because I’m obviously on the outside. I don’t know some of these things but from being involved in the executive leadership team at the Department of Revenue certain deadlines are coming up … I don’t know if (OGEC) has any in the works but I would take a look at that … We have this short session, I don’t know what OGEC has going on in the short session so one is to deal with the legislative issues both for the short session that’s coming up and the 2025 session. What do we need to do to prepare for that? What do you need to do to get the trains running on time and keep the trains running on time … make sure while I’m learning that the work keeps flowing and maintain the high standards that the agency has … I want to make sure the staff feel supported … Getting more on-demand training available. I noticed on the OGEC website that there’s a plan to get more of it out in 2024 so I’d like to make sure that happens.
What opportunities do you see for the commission?
Myers: This has been a major transition not just in terms of Ron leaving but in terms of public meetings law. This is new not just to us, but other than the court system there has been no one in Oregon in all these years enforcing public meetings law … It is an opportunity for the commission and for the commission to meet that part of the mission that I said is preeminent: to provide education to everyone who needs it … Other opportunities are to explore outreach. Not just sending our trainers out to different parts of the state but exploring different ways of reaching our audience …There is an opportunity here for the commission and commission staff to establish better relationships with all of the public bodies that we serve … The other is something that I would propose, a difficult thing … I’ve thought about the benefits that COVID has brought us. I don’t mean COVID itself but meetings like this. We didn’t have Teams and Zoom meetings and all of that pre-COVID and now when the commission meets some of them are present in person and some are present in video … The opportunity for the commission is, as we get new commissioners … it is important that the commission be representative of the entire state. It’s well represented on a political spectrum, I would like to see, maybe, better representation on the statewide spectrum.
Messenger: I see some opportunities in outreach. I’ve been in the Oregon state government since 2019 … I took the course every state employee takes, the OGEC intro training that’s required but I don’t recall outreach done to state employees. I don’t know what outreach has been done to other public officials like local employees or local officials, people in boards and commissions across the state so I’d like to do some more outreach … More on-demand video training … And could we have little blurbs from opinions or stipulated orders that said here’s an example of a potential conflict of interest? Here’s an example of an actual conflict of interest.
Why do you want to lead the commission?
Messenger: The mission speaks to me. It’s a very important mission … And I feel like I could really contribute to the work of the commission.
Myers: I have worked very hard for this position … and that is because I’m very much committed to what this agency is and does and I believe I can help it do more.
Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com or on Twitter @DianneLugo
Oregon
Some Members of Kotek’s Prosperity Council Unhappy About Tax Change
This story was produced by the Oregon Journalism Project, a nonprofit newsroom covering the state.
One of the most contentious issues in the current legislative session revolves around an issue called “bonus depreciation.”
It’s a tax break that business groups hope could spur purchases of everything from tractors and commercial fishing boats to high-tech machinery and new housing. To progressive groups, it’s a giveaway to businesses that were going to make such investments anyway, at the expense of schools and social services.
The issue is also timely, as Gov. Tina Kotek builds her reelection campaign around a new focus on Oregon’s business climate.
Last week, Kotek’s Prosperity Council held its second meeting, this one in Redmond, where the panel toured BASX Solutions, which makes cooling systems for data centers, along with HVAC systems for everyday structures.
Kotek cited BASX as the kind of family-wage employer the state must nurture and seek to attract. “Oregon’s prosperity is not a given. We have to act with intention to be more competitive,” the governor said. “That’s exactly what the Prosperity Council has been charged to do, and today’s meeting helps us to understand the perspectives of Central Oregon.”
But just a week removed from the Redmond gathering, one member of Kotek’s Prosperity Council, real estate investor Jordan Schnitzer, expressed frustration with the governor’s actions, which he says are contradictory to the charge Kotek gave the panel: “to recommend actionable steps to accelerate Oregon’s economy, create good paying jobs, and recruit and grow Oregon’s businesses.”
Schnitzer, whose firm owns or operates 31 million square feet of real estate across 200 properties in six Western states, says Kotek’s position on Senate Bill 1507A, which would disconnect Oregon from certain tax cuts in President Donald Trump’s so-called One Big Beautiful Bill Act, is inconsistent with her prosperity message.
States have the option to follow federal tax cuts in Trump’s bill or to “disconnect” from some or all of the changes. Oregon typically applies changes in the federal tax code to state taxes, but this year has decided not to in the form of SB 1507A.
Legislative number-crunchers calculated that remaining fully connected to the Trump tax cuts would cost Oregon nearly $900 million in tax revenue over the next two years. That estimate came at a time when looming cuts to Medicaid and food stamps already threatened the state’s 2025–27 budget.
In legislative testimony, advocates, such as the Oregon Education Association and the Oregon Center for Public Policy, argued that the state should fully disconnect from the Trump tax cuts because Oregon schools and social service programs need the money. Business groups, such as Oregon Business & Industry and the Oregon Farm Bureau, argued that bonus depreciation provided a valuable incentive for their members to make new investments and create jobs in Oregon.
Democratic lawmakers are taking a piecemeal approach with SB 1507A. The bill retains Trump’s tax cuts on tips and overtime income but disconnects from bonus depreciation. That change eliminates a tax cut for businesses worth $267 million over a two-year period.
Typically, businesses depreciate new capital investments—such as equipment, buildings and machinery—over a period of years. That allows them to deduct a portion of their capital investment from current income, reducing their taxes. Bonus depreciation (a tool previous presidential administrations have also used to stimulate the economy) allows the entire investment to be written off in the first year. Democrats say that creates an unacceptable hit to tax revenues; Republicans and businesses say it would help Oregon’s economy, which has stagnated.
Democrats hold supermajorities in both legislative chambers, of course, and the bill passed the Senate and then the House on Feb. 25, on party line votes. As the bill moved, some in the business community expressed their concerns directly to Kotek, who announced her support for the bill earlier this week.
In a widely circulated Feb. 24 letter, Portland developer Bob Ball, part of a group Kotek and Portland Mayor Keith Wilson convened last year to brainstorm ideas to increase housing supply, cautioned Kotek that killing bonus depreciation is “putting another nail in our coffin.”
“I encourage you to exempt multifamily properties from SB 1507A,” Ball wrote. “I don’t think Oregon should decouple for any of the depreciation categories if we want to stay competitive in every industry, but the one industry I can say definitively will be hurt is housing production.”
Schnitzer told OJP he sent a similar message to Kotek on Feb. 25 via text.
“The only way to get out of the economic doom loop we are facing is by people coming and opening more businesses that pay good wages and paying their fair share of taxes,” Schnitzer says he told Kotek. “This bill creates a disincentive for businesses to invest in this wonderful state. Why would we do that?”
Schnitzer says other members of the Prosperity Council—he declined to say which ones—are also not happy with the governor’s position on bonus depreciation. Kotek did not immediately respond to his text message.
A Kotek spokesman says the governor believes the Legislature took necessary steps to preserve some of the tax revenue Trump’s tax bill would otherwise have cut, without putting Oregon at a competitive disadvantage.
“In disconnecting Oregon’s state taxes from the bonus depreciation and deciding to allow businesses to depreciate their investments over the life of the investment rather than all at once up front, Oregon would align with more than 20 other states including Idaho,” says Kevin Glenn.
SB 1507A now heads to Kotek’s desk for her signature.
Oregon
Travel Oregon Seeks a New Boss at a More Reasonable Salary
This story was produced by the Oregon Journalism Project, a nonprofit newsroom covering the state.
After some much needed sunlight on its operations, Travel Oregon is looking for a new chief executive—at a significantly lower salary.
Not long into a meeting last September of the Oregon House Committee on Economic Development, its chairman quoted from an OJP investigation about dysfunction at state-funded Travel Oregon and the oversized salary of its longtime executive director.
Then Rep. Daniel Nguyen (D-Lake Oswego) looked at the man sitting steps away at the witness table, Todd Davidson, the executive director whose base salary was more than $365,000 the year before.
“How do you justify paying that salary?”
Offering an answer from the witness table was Scott Youngblood, an eight-year veteran of Travel Oregon’s oversight commission. He suggested that Davidson, who had announced he would leave the agency this summer, wasn’t overpaid. Rather, he was the “Michael Jordan” of travel marketing.
“Scrutiny, it’s coming,” Nguyen would go on to say about the 70-employee, $45 million a year agency. “That is what the public is asking for.”
Travel Oregon’s board of commissioners apparently listened to the concerns Nguyen and other lawmakers expressed after OJP reported that employees said the agency had a toxic work culture and delayed sending out $9 million in small grants for a year. In a unanimous vote last month, the nine commissioners approved a salary range of $235,000 to $255,000 for Davidson’s eventual replacement, far less than Davidson’s compensation and an amount more in line with directors of vastly larger business-aligned state agencies such as Business Oregon and the Department of Agriculture.
OJP’s investigation “helped spur conversations about Travel Oregon’s work in my committee, among others in the Capitol, and at the kitchen tables of Oregon families,” Nguyen said by email Monday.
Travel Oregon, also known as the Oregon Tourism Commission, is funded by a statewide 1.5% tax on hotel stays. The governor appoints the nine members of its board to oversee an agency that spends about $45 million a year to promote Oregon tourism.
The issue of Davidson’s compensation has come up before. In 2020, the Secretary of State’s Office released an audit that focused on his high salary and those of his key staff. But nothing changed.
Today, the commissioners say they are looking for “a reset” at a time when international travel to Oregon is down and Portland-area tourism hasn’t fully recovered from business losses from the civic unrest after a Minneapolis policeman murdered George Floyd.
Candidates have until March 30 to apply for the top job promoting Oregon’s $14 billion-a-year tourism industry.
Nguyen and members of the Economic Development Committee will hear Wednesday from Greg Willitts, chair of Travel Oregon’s board of commissioners and president of FivePine Lodge and Spa in Sisters.
“Travel Oregon is funded largely through tax dollars,” Nguyen said Monday, “and we expect results, transparency, and accountability from their operations.”
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Oregon
Oregon among states suing Trump admin over changes to childhood vaccine recommendations
SACRAMENTO, Calif. (AP) — More than a dozen states, including Oregon, sued the Trump administration Tuesday over its rollback of vaccine recommendations for children, calling the move an illegal threat to public health.
The states argue that the Centers for Disease Control and Prevention put children’s lives at risk when it announced last month that it would stop recommending all children get immunized against the flu, rotavirus, hepatitis A, hepatitis B, some forms of meningitis and RSV. Under the new guidance, which was met with criticism from medical experts, protections against those diseases are recommended only for certain groups deemed high risk or when doctors recommend them in what’s called “shared decision-making.”
The new vaccine recommendations ignore long-standing medical guidance and will make states have to spend more to protect against outbreaks, the states, including Arizona and California, said.
“In Oregon, we’re already seeing the consequences of the federal government’s reckless actions and vaccine narrative,” said Oregon Attorney General Dan Rayfield in a news release. “Just last week, our state health officials declared a measles outbreak – with most confirmed cases linked to unvaccinated individuals. Preventable diseases are returning when we undermine public confidence in proven vaccines. We must trust science, trust doctors, and protect our children.”
Emily G. Hilliard, press secretary for the Department of Health and Human Services, blasted the complaint as a “publicity stunt dressed up as a lawsuit.”
The lawsuit escalates an ongoing battle between Democratic-led states and Republican President Donald Trump’s administration over the federal government’s changes to public health policy under Health Secretary Robert F. Kennedy Jr. The Trump administration has laid off thousands of workers at federal public health agencies, cut funding for scientific research and altered government guidance on fluoride and other topics.
Kennedy last year ousted every member of a vaccine advisory committee and replaced them with his own picks, which Tuesday’s complaint alleges was unlawful.
The lawsuit comes months after the Democratic governors of California, Washington state and Oregon launched an alliance to establish their own vaccine recommendations. The governors said the Trump administration was risking people’s health by politicizing the CDC.
States, not the federal government, have the authority to require vaccinations for schoolchildren, though the CDC’s requirements typically influence state regulations.
KATU contributed Rayfield quote to this story.
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