Family Staffers Are Legal. A Shadow First Spouse Office Isn’t – Cronyism

Oregon’s ethics laws are clear, but they are not identical for every branch of government. While some critics point to “double standards” regarding family members in the Capitol, the reality is a matter of established law versus executive overreach. I wonder how many people know that state representatives and senators are within legal rights to have family members working for them, the Governor is not afforded the same legal rights.

The Legislative Standard (ORS 244.177)
Oregon law specifically provides a “carve-out” for state representatives and senators under ORS 244.177. This statute explicitly allows “citizen legislators” to hire family members as staff. This is a transparent, bipartisan tradition designed to ensure legislators have high-trust aides in a high-pressure environment. These assistants are public employees with defined salaries, clear job descriptions, and direct accountability to the House or Senate.

The Executive Overreach
The Governor’s office has no such legal “carve-out.” Unlike the legislature’s “on-the-books” staffing, the Governor’s attempt to create an “Office of the First Spouse” exists in a legal gray area. By giving a spouse who is a volunteer, not a state employee—a private office and influence over policy and personnel, the Governor bypassed the accountability structures that apply to everyone else.

The Reality of Cronyism
When a legislator hires a spouse, they are exercising a specific legal right granted to all 90 members of the Assembly. When a Governor grants an unpaid partner the power to influence state business, it borders on cronyism. This “blurring of the lines” is exactly why top aides have resigned in protest; it creates a shadow position that answerable to no one, lacking the formal “roadmap” required by the Oregon Revised Statutes.

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