Ethics commission dismisses complaints about first lady's role in Gov. Tina Kotek's office

The Oregon Government Ethics Commission is not launching a full ethics investigation into Gov. Tina Kotek and complaints related to First Lady Aimee Kotek Wilson's role in her administration.

A vote to move forward with an investigation failed Friday during an executive session of the ethics commission, a nine-member citizen commission that enforces the state's government ethics laws. One member of the commission was absent during the meeting.

"The information in this case does not appear to establish a substantial objective basis to believe that Governor Kotek violated the conflict of interest prohibited use of office or nepotism statutes," Susan Myers, director of the commission, said.

The decision comes three months after it was revealed that top staff in the governor's office had raised concerns about Kotek Wilson's involvement, and then Kotek sought guidance from the ethics commission to define her wife's role and eventually apologized amid the resulting backlash.

Myers confirmed on April 2 that the agency had received complaints against Kotek, shortly after OPB and Willamette Week reports tied the departure of three of Kotek’s top aides to friction over Kotek Wilson's involvement in the governor's office . The commission's preliminary report released Friday reveals it received two complaints on March 25 and multiple additional complaints in the following weeks.

The ethics commission had 60 days to complete a preliminary review of the complaints received related to the First Lady's role.

Emails released by Gov. Tina Kotek's office detail concerns with First Lady's role

The governor's office on April 26 released more than 6,000 pages of records detailing questions and concerns from some of her former staff members about Kotek Wilson's expanding role.

Records included an email from former special adviser Abby Tibbs referencing “several months” of requests from former Deputy Chief of Staff Lindsey O’Brien, former chief of Staff Andrea Cooper and herself for clarity about the role of the first spouse.

“I continue to believe that the office has an obligation to not only meet the letter of the law/ethics rules but exceed them and center the spirit of the laws/ethics rules because there are significant issues of public trust and the obligation to the people of Oregon,” Tibbs wrote on March 15. “I know there’s a shared commitment to ensuring that a first spouse has an opportunity to do meaningful work for an administration and for that work to be supportive of the success of the entire administration and center the highest degree of accountability and public trust, there are many considerations and issues that need to be addressed."

The emails released also detail concerns with increased staffing and security for the first lady. Another email from Tibbs was sent in February to a member of the office's behavioral health team saying she was committing to writing a prior discussion the two had about a request the governor made which she called "highly inappropriate."

The governor asked the team member to call Cascadia Behavioral Health, where Kotek Wilson once worked, to discuss a friend of Kotek Wilson who was upset with her supervisor, according to Tibbs' email.

“I also want to just recognize again that requests, and actions by the FL and/or Governor like the ones above are indeed highly inappropriate at best, and you flagging this and anything else that doesn’t feel right for me and Coop [Andrea Cooper] is totally the right thing to do," Tibbs wrote. "The Governor has been reminded several times now of the power she and the FL hold in this office and externally and the appropriate use of their power."

The emails also discuss the hiring of a new aide who joined the governor's office on March 25 as a temporary six-month advisor charged solely with exploring "the establishment of the office of the First Spouse."

Governor calls off efforts to establish Office of the First Spouse

After the emails were released, Kotek announced on May 1 that she was stopping her efforts to expand the role of the first lady and apologized for her "approach."

"After listening to and reflecting on the concerns of Oregonians who have contacted my office, as well as the advice of staff, I want to be clear about next steps: There will not be an Office of the First Spouse. There will not be a position of Chief of Staff to the First Spouse," Kotek said during a news conference.

"I am sorry for the way this conversation between my office and you has started," Kotek said.

The preliminary review of complaints against the governor prevented the commission from responding to questions Kotek sent seeking official guidance, opinions and advice around the role of the first spouse.

Chris Warner, Kotek's new chief of staff, sent three "preliminary questions" to the commission on April 5 specifically asking if the first partner can participate and advise on the governor's priorities, and be supported by staff and office resources.

Kotek has repeatedly said that there is no "road map" in Oregon for defining the role of a first spouse.

"I make all policy and personnel decisions for my office. I have sought guidance from the National Governors Association and the Oregon Government Ethics Commission (OGEC). I am committed to defining the role of the First Spouse with respect to what we learn from OGEC, not only on behalf of this administration but future administrations as well," Kotek said.

Preliminary report finds no 'substantial' evidence of ethics violations

In her report to the commission, Myers said there was no substantial evidence that Kotek had violated any ethical laws.

There was no indication Kotek Wilson, as an unpaid volunteer, used her position for private financial gain, and nepotism laws in Oregon do allow public officials to appoint or employ relatives or members of their household as unpaid volunteers, Myers explained.

The full report released by the commission found that, based on the available information, the government resources provided for Kotek Wilson were not for her private use but to perform official duties and thus did not meet the definitions of conflict of interest or prohibited use of office.

Myers also addressed the concerns raised by staff members, which she said appeared to be based more on political perception and staff members' misunderstanding of Oregon government ethics laws.

Kotek's request for an advisor to contact Cascadia could be perceived as inappropriate but not a violation of law, Myers added.

In the report, Myers wrote that Kotek Wilson confirmed the Cascadia employee involved was a former colleague and not a relative or household member.

"That distinction is key, as the Government Ethics Laws apply to taking actions or making decisions that could have financial impacts on the public officials, their relatives or household members, or their associated businesses," the report said. "Decisions or actions that might have financial impacts on friends and former colleagues are not included in the prohibitions set forth in ORS Chapter 244."

Four members of the commission made comments against dismissing the case. Among them was the chair of the commission, Shawn Lindsay, who said he believed dismissing the case would be "premature."

Lindsay said he agreed with Kotek's attorney that the commission should not be used as a political tool. He also said he did not believe the agency should "go on unfounded fishing expeditions" but that a full investigation would be the "thorough" approach.

For example, Lindsay said, a full investigation would allow an investigator to interview Tibbs and other staffers who resigned. None of the three were interviewed for the preliminary report.

"We can't get this wrong," added Commissioner Richard Burke. “We owe it to the citizens of Oregon to look at everything."

Commissioner Shenoa Payne, however, said she saw no evidence a full investigation would change the preliminary report. Commissioner Channa Newell added that she believed moving forward would feel "punitive" and asked if it would be an efficient use of the commission's time.

The vote to move forward failed in a 4-4 vote.

"The Governor is grateful for the commission’s thorough deliberations on this matter," a statement from the governor's office said. "The First Lady is a volunteer and public official with relevant professional experience that can provide tremendous value in furthering the Governor’s priorities. The Governor now looks forward to receiving formal guidance from the commission on the questions her office submitted regarding the role of a First Spouse."

Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com or on X @DianneLu

This article originally appeared on Salem Statesman Journal: Ethics commission dismisses complaints about first lady's role in Gov. Tina Kotek's office