The city of Banks baked potlucks into city code during the Jan. 13 meeting, after a ruling from the Oregon Ethics Commission left Oregon cities and governments scrambling to figure out snacks.
In a series of resolutions — split up to allow councilors to abstain from their own compensation package and vote only for other councilors — passed Jan. 13, food and swag given to city councilors, the mayor, and volunteers in an official capacity is once again allowed.
The resolutions came after the state ethics commission issued an advisory opinion interpreting ORS 244.040, which prohibits public officials from using their position to obtain financial gain. According to the opinion, cities can no longer provide food or beverages to officials at meetings unless it is explicitly designated as part of their compensation.
"This all comes from, in my view, a very weird opinion from the Oregon Ethics Commission that talks about these sorts of, I guess fringe benefits being compensation that is not allowed," City Attorney Dan Kearns told the council.
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The ruling came after Beaverton Mayor Lacey Beaty asked the ethics commission to weigh in on a house party — described as a team-building event — she planned to host for city officials, staff and their families in 2024.
Beaty planned to cover the cost of the alcohol, while the city was planning on covering the cost of the food.
"I appreciate your verbal confirmation that this arrangement does not present an ethical issue, and I look forward to receiving your written confirmation on this matter," Beaty said in an email to an investigator working for the ethics commission.
According to a Sept. 2 ruling by the Oregon Ethics Commission, it did present an ethical issue: The board determined that governments in Oregon must expressly include food and beverages in compensation packages or run the risk of exposing their elected officials and event volunteers to ethics violations.
The ruling saw snacks vanish from council meetings, volunteer appreciation dinners shuttered, and governments across the state grapple with how to legally feed their staff, officials, and volunteers.
The four resolutions establish that food and beverages are part of compensation for:
- Volunteers and appointed officials (Resolution 2026-01)
- The Mayor (Resolution 2026-02)
- Councilors with terms expiring in 2026 (Resolution 2026-03)
- Councilors with terms expiring in 2028 (Resolution 2026-04)
The compensation covers food and non-alcoholic beverages provided at regular meetings, work sessions, executive sessions, committee meetings, potlucks, retreats, and conferences. It also includes items bearing the City of Banks logo, such as clothing and drinkware.
The resolutions take effect immediately.
