Ethics commission won't answer Kotek's first spouse request while investigating complaints

This story was updated at 6 p.m.

Gov. Tina Kotek Friday afternoon requested official guidance, opinions and advice around the role of the first spouse from the Oregon Government Ethics Commission, which is reviewing complaints against the governor related to her wife's involvement in her administration.

Susan Myers, the commission's executive director, responded that the panel was not able to immediately provide any guidance.

"As you are aware, the Commission has received complaints relating to these issues and has opened a case in preliminary review," Myers wrote to Chris Warner, Kotek's interim chief of staff. "Because the questions raised in your request relate to issues that may be addressed in the preliminary review case, the Commission cannot provide any guidance, advice, or opinions at this time."

She added that the commission would answer the questions once the case before the Oregon Government Ethics Commission is resolved.

Details of the case are not yet publicly available. The commission has 60 days to complete a preliminary review of complaints filed and determine if it will investigate. A report of the preliminary review will be presented during an executive session of the commission.

Governor's office says there are limited guidelines on role of spouse

Warner said in a letter to the commission that the state has "very limited documented definitions and guidelines" around the role of the first partner, which "should be clearly defined and transparent."

"The Governor’s Office has been consulting with the National Governors Association on what the best practices are in other states," Warner said.

"We have learned that the modern role of the First Spouse or Partner envisions spouses and partners using their official positions to support the Governor’s priorities or otherwise advance initiatives consistent with a Governor’s vision," he wrote. "Regardless of party affiliation or gender identity, the Governor’s spouse or partner serves a role as a public official to serve all Oregonians."

First Lady Aimee Kotek Wilson is not a paid state employee and she does not hold outside employment. She has a master's degree of social work from Portland State University, and Kotek's office confirmed Kotek Wilson has attended behavioral health meetings, attends weekly meetings related to the governor's schedule and travel, and occasionally attends events on behalf of the governor's office.

The two visited every county in the state together during Kotek's first year as governor, and they're visiting all nine of the federally recognized tribal nations in Oregon this year.

A new six-month temporary advisor started last month who has been tasked with exploring "the establishment of the office of the First Spouse" and supporting Kotek Wilson in her official capacity as a public official.

Three of Kotek's top aides abruptly left their positions, and news reports tied the departures to Kotek Wilson's involvement in the administration. The governor has declined to discuss the departures.

Questions Oregon Gov. Tina Kotek submitted to the ethics commission

Kotek told reporters Wednesday that there has been no guidance from the OGEC on what is appropriate for the role of a first spouse since the first spouse was made a public official.

She said she hoped the questions and response from the commission would provide clarity for everyone.

The three "preliminary questions" sent to OGEC specifically ask if the first partner can participate and advise on the governor's priorities, and be supported by staff and office resources.

1. 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?

2. 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?

3. 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?

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

This article originally appeared on Salem Statesman Journal: Ethics commission responds to Tina Kotek's first spouse questions