Ethics official: Aimee Kotek Wilson can work in unpaid capacity

Oregon law does not bar first lady Aimee Kotek Wilson from advising Gov. Tina Kotek or having publicly paid staff or office space to help her do so — as long as she is unpaid.

A letter from the executive director of the Oregon Government Ethics Commission to Kotek’s chief of staff released on Tuesday, July 9, said that Kotek Wilson faces the same legal prohibitions as any other public official: A public position cannot be used for personal gain, and staff cannot help that person do otherwise.

The letter from Susan Myers to Chris Warner said this:

“So long as the First Partner conducts official and authorized state business consistent with (state ethics law), the First Partner’s use of office space, materials, equipment, and/or staff is authorized under the government ethics laws.

“Whether the Governor’s Office provision of office space, materials, equipment, and staff support to the First Partner comports with other laws, outside of (the law), is beyond ·the scope of the commission’s authority and jurisdiction to determine.”

The government ethics law, which dates back to 1974, also covers conflict-of-interest rules and limits on gifts (currently $50 annually) from sources that seek to influence administrative or legislative decisions.

On behalf of Kotek, Warner submitted a letter April 5 asking the ethics commission for an advisory opinion, which state law allows. But the commission put a response on hold pending its resolution of two complaints filed against Kotek in the aftermath of the departure of three top staff aides in March.

Following a 60-day preliminary review by the staff, the commission deadlocked 4-4 on June 28 on whether to proceed with a full investigation, which would have required more time. Myers’ response to Warner’s original letter and three questions followed.

Myers said none of Kotek’s departed aides was interviewed. That includes chief of staff Andrea Cooper, who now is assigned to the Department of Administrative Services; deputy chief of staff Lindsey O’Brien, who took indefinite medical leave starting April 5, and Abby Tibbs, an advisort who returned to Oregon Health & Science University.

Prior to Kotek’s election as governor in 2022, Aimee Kotek Wilson worked for the state in behavioral health.

Oregon lawmakers added the spouse or domestic partner of the governor to the government ethics law in 2015, after a scandal that led to the resignation of John Kitzhaber just 38 days into his fourth term as governor. His companion and later fiancée, Cylvia Hayes, had sought to influence state policy while she pursued paid consulting work in similar fields. Kitzhaber settled with the commission in 2018 for a $20,000 fine. Hayes did so in 2019 for a $44,000 fine. No criminal charges resulted; violations of state ethics laws carry only civil penalties.

Kotek was speaker of the Oregon House when the law was amended.

Unlike the Kitzhaber-Hayes case, however, Kotek Wilson never sought a paid position within the governor’s office.

On May 1, Kotek told reporters she was dropping potential consideration of a formal office for Kotek Wilson, though she does receive Oregon State Police protection, has a working space in the office and has staff person assigned to assist her. She also accompanies Kotek on travels around Oregon.

“I take responsibility for not being more thoughtful in my approach to exploring the role of first spouse,” Kotek said back then. “I am sorry that the conversations between my office and you started the way they did.”