Or. Admin. Code § 199-005-0003
Current through Register Vol. 64, No. 1, January 1, 2025
Section 199-005-0003 - Legislative or Administrative Interest Defined in ORS 244.020(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. 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(10)(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, 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(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 and 244.070.Or. Admin. Code § 199-005-0003
GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10; GEC 2-2010, f. 3-12-10, cert. ef. 3-15-10; GEC 2-2021, minor correction filed 06/29/2021, effective 6/29/2021Statutory/Other Authority: ORS 244.290
Statutes/Other Implemented: ORS 244.020, 244.025, 244.040 & 244.060