OAR 199-005-0035
Guidelines for compliance with ORS 244.020(6), 244.025, 244.040, 244.042 and 244.047
(1)
The purpose of this rule is to define certain terms and to clarify substantive provisions of ORS 244.020 (Definitions)(6), 244.025 (Gift limit), 244.040 (Prohibited use of official position or office), 244.042 (Honoraria) and 244.047 (Financial interest in public contract).(2)
The term “official duties” means that the public official’s actions are directly related to serving the state of Oregon or any of its political subdivisions or any other public body as a public official.(3)
An “official compensation package” means the wages and other benefits provided to the public official. To be part of the public official’s “official compensation package”, the wages and benefits must have been specifically approved by the public body in a formal manner, such as through a union contract, an employment contract, or other adopted personnel policies that apply generally to employees or other public officials. “Official compensation package” also includes the direct payment of a public official’s expenses by the public body, in accordance with the public body’s policies.(4)
As used in ORS 244.040 (Prohibited use of official position or office)(2)(c), “reimbursement of expenses” means the payment by a public body to a public official serving that public body, of expenses incurred in the conduct of official duties on behalf of the public body. Any such repayment must comply with any applicable laws and policies governing the eligibility of such repayment. Expenses paid by the public body to their own public officials need not be reported by the public official under ORS 244.060 (Form of statement of economic interest).(5)
“Confidential information” means any record that is exempt from public disclosure or inspection under state law, or any information obtained in the course of or by reason of holding position as a public official that is not publicly disclosed. The record or information is no longer confidential if it has been voluntarily disclosed by the public body, or been disclosed through a public records disclosure order or court order.(6)
As used in ORS 244.047 (Financial interest in public contract), a public contract is “authorized by” a public official if the public official performed a significant role in the selection of a contractor or the execution of the contract. A significant role can include recommending approval or signing of the contract, including serving on a selection committee or team, or having the final authorizing authority for the contract.(7)
As defined in ORS 244.020 (Definitions)(14), a public official includes anyone serving the State of Oregon or any of its political subdivisions or any other public body in any of the listed capacities, including as an “agent.” An “agent” means any individual performing governmental functions. Governmental functions are services provided on behalf of the government as distinguished from services provided to the government. This may include private contractors and volunteers, depending on the circumstances. This term shall be interpreted to be consistent with Attorney General Opinion No. 8214 (1990).
Source:
Rule 199-005-0035 — Guidelines for compliance with ORS 244.020(6), 244.025, 244.040, 244.042 and 244.047, https://secure.sos.state.or.us/oard/view.action?ruleNumber=199-005-0035.