OAR 199-005-0027
Usual and Customary Practice as used in ORS 244.020(6)(b)(O)
(1)
The purpose of this rule is to clarify the exception in ORS 244.020 (Definitions)(6)(b)(O) that permits public officials and candidates or a relative or member of the household of a public official or candidate to accept or solicit anything of economic value when provided as part of the usual and customary practice of the person’s private business, or the person’s employment or position as a volunteer with a private business, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, not-for-profit corporation or other legal entity operated for economic value and the offer or solicitation bears no relationship to the public official’s or candidate’s holding of, or candidacy for, the official position or public office.(2)
“Usual and customary practice” means an offer that is part of a historical or established custom. Such offers are long standing traditions that embody ordinary or expected practices resulting in economic benefits for those that are not public officials or candidates. As this term is used in ORS 244.020 (Definitions)(6)(b)(O), anything of economic value offered or solicited as a “usual and customary practice” must bear no relationship to a public position or office held by the public official or candidate. Examples of usual and customary practice may include:(a)
A pharmacist is elected and becomes a member of the Oregon Legislative Assembly. In the past, as with other pharmacists, the pharmacist and her spouse were invited to dinners hosted by representatives of pharmaceutical manufacturers to discuss products and services. The pharmacist, now a legislator, and her spouse would be able to continue the usual and customary practice of accepting or soliciting these paid expenses for meals received in the practice of her private employment as long as the offer or solicitation bears no relationship to the position held in the Oregon Legislative Assembly and is made to other pharmacists who are not public officials.(b)
A county commissioner owns a lumber mill. In the past, as owner of the lumber mill, sales representatives of equipment manufacturers have offered to pay food, lodging and travel expenses for the owner to view new products and observe manufacturing processes as is offered to other lumber mill owners. Although a county commissioner, the lumber mill owner would be able to continue the usual and customary practice of accepting or soliciting these paid expenses for food, lodging and travel received in the conduct of his private business as long as the offer or solicitation bears no relationship to the position held as a county commissioner and is made to other lumber mill owners who are not public officials.(c)
A member of the board of directors for a local chapter of the American Red Cross is elected to the city council. For the past 15 years the local chapter has provided all board members and their spouses paid food, lodging and travel expenses to attend an annual leadership retreat. The board member, now a city councilor, and his spouse would be able to continue with the other board members in the usual and customary practice of accepting or soliciting these paid expenses for food, lodging and travel expenses in the conduct of his volunteer duties as long as the offer or solicitation bears no relationship to the position held as a city councilor and is made to other board members who are not public officials.(d)
A cattle rancher is a volunteer youth leader in a local 4-H club and was recently appointed to the county fair board. Prior to serving on the fair board, the rancher accompanied 4-H members to livestock competition at the county fair and would receive paid admission and parking passes for her and her family members for each day of the county fair. Although a fair board member, the rancher would be able to continue with the other volunteer youth leaders in the usual and customary practice of accepting or soliciting these paid expenses for herself and her family to attend the county fair while continuing her volunteer position with the 4-H as long as the offer or solicitation bears no relationship to the position held as a fair board member and is made to other youth leaders who are not public officials.
Source:
Rule 199-005-0027 — Usual and Customary Practice as used in ORS 244.020(6)(b)(O), https://secure.sos.state.or.us/oard/view.action?ruleNumber=199-005-0027.