OAR 199-005-0003
Legislative or Administrative Interest Defined in ORS 244.020(9)
(1)
If the source of a gift has a legislative or administrative interest, any gift offered to a public official or candidate, a relative or member of a public official’s or candidate’s household, may only be offered and accepted under conditions set forth as permitted in ORS Chapter 244 (Government Ethics). If, however, the source of a gift does not have a legislative or administrative interest, gifts are not restricted or prohibited.(2)
“Decision” as used in ORS 244.020 (Definitions)(9)(a) and (b) means an act that commits the public body to a particular course of action within the public official’s scope of authority and that is connected to the source’s economic interest. A decision is not a recommendation or work performed in an advisory capacity. The following examples illustrate the types of acts that are considered to be “decisions”:(a)
An employee makes a decision when issuing or denying a permit.(b)
An enforcement employee makes decisions on whether to cite, warn or arrest.(c)
An employee who approves contracts makes a decision on a contract.(d)
An employee who commits their public body’s funds for goods and services, such as office supplies, makes a decision.(e)
Should a chief executive officer, director or manager with authority to make a final decision on a matter delegate the decision to a subordinate, the chief executive officer, director or manager would retain responsibility as the final decision maker. The subordinate has also made a decision.(3)
As required by ORS 244.050 (Persons required to file statement of economic interest), any public official or candidate who completes an Annual Verified Statement of Economic Interest (SEI) form will apply the meaning of “decision” in OAR 199-005-0003 (Legislative or Administrative Interest Defined in ORS 244.020(9))(2) when identifying a legislative or administrative interest held by any creditor, debtor, business or person, or entity that paid a service fee when listing the information required by ORS 244.060 (Form of statement of economic interest) and 244.070 (Additional statement of economic interest).
Source:
Rule 199-005-0003 — Legislative or Administrative Interest Defined in ORS 244.020(9), https://secure.sos.state.or.us/oard/view.action?ruleNumber=199-005-0003.