SALEM, Ore. — Gov. Tina Kotek's office submitted a list of questions to the Oregon Government Ethics Commission on Friday, seeking to clarify the role that the "First Partner" — a governor's spouse or significant other — can play in the administration. But the commission replied that it's already investigating complaints about the issue and therefore can't provide advice right now.
The role of Kotek's wife, Aimee Kotek-Wilson, has drawn scrutiny in recent weeks after Willamette Week reported that a new advisor was being brought on board to help Kotek-Wilson establish her own office and create a formal First Spouse position. The news coincided with the departure of three top staffers from Kotek's office; Kotek on Wednesday sidestepped questions about whether the two things were related.
Kotek's office has contended that the First Spouse counts as a public official under Oregon law, albeit as an unpaid volunteer, but the governor announced earlier this week that she would seek guidance from the Ethics Commission about how to define and formally establish the First Spouse office.
In a Friday letter addressed to Ethics Commission Executive Director Susan Myers, Kotek's Interim Chief of Staff Chris Warner wrote that although the term First Partner is defined in Oregon law, the law offers little in the way of further definitions or guidelines for the scope of the First Partner's role.
He said the governor's office has consulted with the National Governors Association about best practices from other states, and been told that most states envision the spouses or partners of governors "using their official positions to support the Governor's priorities."
The letter then asks the commission for advice on three questions:
- ORS 244.020(6) defines the “First Partner” as “the spouse or domestic partner of the Governor” and encompasses alternative titles such as “First Lady,” “First Husband” or “First Spouse.” The “First Partner” is a “public official.” ORS 244.020(15). May the First Partner, as a public official, participate in the development of, advise on, and/or promote the Governor’s priorities, consistent with the ethical duties required of public officials in ORS Chapter 244?
- If the First Partner is performing official duties as a public official in the Governor’s Office supporting the Governor’s priorities, may the First Partner be supported by staff and provided other office resources necessary to perform such assigned official duties, consistent with Oregon’s government ethics laws?
- Many public officials are volunteers who serve Oregon without compensation, such as the thousands of individuals serving on state boards and commissions. The current First Partner is solely a volunteer. Given this set of facts, what other ethical considerations should we consider?
When asked for comment on Friday afternoon, Myers told KGW that the commission normally replies to requests for advice on a timeline that can range from one day to 60 days, depending on the level of formality of the request, but the commission can't issue any guidance on matters relating to cases that are currently under review by the commission.
"As you are aware, the Commission has received complaints relating to these issues and has opened a case in preliminary review," Myers wrote in a letter replying to Warner, which she shared with KGW. "Because the questions raised in your request relate to issues that may be address in the preliminary review case, the Commission cannot provide any guidance, advice or opinions at this time."
She added that the Commission still does intend to provide advice in response to the original letter's questions, but only once the complaint case has been resolved.