Updated: 2:50 pm October 30

An online fundraiser for Portland City Councilor Candace Avalos amassed more than $14,000 in just a day, after a fire destroyed part of her home. The outpouring of support was a reflection of Portlanders’ eagerness to help, but the donations could subject her to extra reporting requirements, or even require her to return some of the money.

A GoFundMe was launched for Avalos on Sunday, following a substantial fire that started in a storage shed near her property. The blaze destroyed the councilor's vehicle and part of her house. It also affected some of her neighbors. The exact cause of the fire is still under investigation. 

By Tuesday morning, the GoFundMe campaign had amassed $14,160 before donations were disabled. 

The fundraiser, established by Jessica Calcagni—a friend of the councilor—was set up to help Avalos with immediate expenses like lodging, transportation, insurance deductibles, as well as meals, basic necessities, and personal items she lost in the fire. 

“On Sunday morning, our dear friend and dedicated community leader, Candace, experienced a devastating fire that damaged both her car and home, destroying many of her personal belongings. We are deeply grateful she is safe, but the fire has created unexpected logistical and financial challenges,” Calcagni explained in the online fundraiser. “Anyone who knows Candace knows how tirelessly she works to uplift others. She shows up for her community every day, and now it’s our turn to show up for her.”

The councilor said she was able to get out safely with her cat, but is still confronting the emotional toll of the situation.

“I am incredibly overwhelmed, both by the outpouring of love my community has shown me and by the stress of navigating the complexities of being a victim of a fire,” Avalos wrote in a Bluesky post on Tuesday.

The generosity and benevolence of Avalos’ friends, political supporters, and constituents was clear. But the rules around providing cash gifts to public officials can sometimes be murky.

Oregon Government Ethics Commission (OGEC) rules stipulate that elected officials may not accept any gifts that exceed $50 over the course of a year, if the source of the gift “has a legislative or administrative interest in the decisions or votes of the public official.”

The city of Portland also has rules that govern gifts from lobbyists. Anything over $25 needs to be disclosed on a quarterly report. That means Avalos may have the burden of sifting through every donation to determine whether it violates state ethics rules, or falls under city reporting requirements.

Several donors who contributed to the GoFundMe meet that criteria. Among the donors, 20 people gave $200 or more. More than 70 people with various levels of affiliation with Avalos donated more than $50, and some donated anonymously, which could further complicate things.

The OGEC confirmed that Avalos’ constituents qualify as donors with a legislative or administrative interest. So too, do employees of an agency or department whose budget is approved by Avalos. The fundraiser shows a Prosper Portland employee donated $100. The City Council is responsible for approving Prosper Portland’s annual budget.

Despite the legal quagmire the fundraiser presents for the councilor, Avalos hasn’t violated any rules. Compliance will be determined by how the donations are handled, and whether particular  ones can be refunded. Calcagni said the funds would be transferred directly to Avalos. Staff in the councilor’s office stressed that the fundraiser was set up by personal friends, not the councilor.

“However, we are very aware there are rules concerning gifts to public officials and the councilor will fully comply with the relevant rules.”

Portland city councilors make an annual salary of $133,207.

This isn’t the first time a fundraiser for a public employee or elected official has raised issues. In fact, online fundraisers on platforms like GoFundMe and Meal Train are becoming a more frequent subject of inquiry from public officials.

In 2021, then-state Rep. Dan Rayfield inquired about an online fundraiser for a public employee who had incurred significant medical bills.

OGEC’s executive director, Ronald Bersin, noted in a reply letter to Rayfield that for the purposes of the gift limitations spelled out in Oregon law, “the recipient would need to know the identity of the donors and the specific amounts they have donated” to determine if the gift limitations would apply. “For example, if a public official supervises employees, those employees would have an economic interest distinct from that of the general public in their supervisor’s employment decisions…” Bersin stated. “More generally, the recipient could not accept anonymous donations or donations from people they cannot identify and they must know the amount of each donor’s contribution.”

“We’ve had a few people over the years reach out for guidance on GoFundMe,” says Casey Fenstermaker, a compliance and enforcement coordinator at OGEC. “This ends up being problematic for a lot of people.”

Avalos’ office did not confirm whether she has received any of the donations yet.

Regardless of who establishes the fundraiser or receives the donations on behalf of a public official, the rules still apply, according to OGEC staff. Calcagni, the GoFundMe organizer, did not respond to questions from the Mercury.

Rules and enforcement are incongruous

Despite the ethics rules on the books, enforcement is largely complaint-driven. The statement of economic interest that elected officials are required to file only asks about income of $1,000 or more from a single source. That means there’s no clear avenue for Avalos to report the gifts. Instead, elected officials are expected to reject or return any prohibited gifts on their own volition.

“They’re prohibited from accepting it, but they don't have to report it anywhere,” Fenstermaker confirmed.

If a complaint were filed, or the OGEC was made aware of potential violations, the agency could launch an investigation. 

“It puts people in a tough spot, especially if it’s a gift basket or something,” Fenstermaker said, noting the broad scope of gifts that are routinely offered to officials and public employees.