justicedao/ipfs_state_laws huggingface dataset:
199-005-0005 Determining the Value Received by Public Officials (1) Purpose. The purpose of this rule is to guide public officials, candidates and others in determining the value of items or services received by public officials to ensure accurate reporting in ORS 244.060 and to comply with gift and honoraria limits in 244.025 and 244.042. (2) The fair market value of the merchandise, goods, or services received shall be used to determine benefit or value. Fair market value is the dollar amount goods or services would bring if offered for sale by a person who desired, but was not obligated, to sell and purchased by one who is willing, but not obligated, to buy. (a) In calculating the benefit or value conferred to a public official, any portion of the benefit transferred to an entity that is tax-exempt under section 501(c) of the Internal Revenue Code shall not be included as part of the benefit or value to the public official, if the public official does not claim the charitable contribution on personal tax returns. (b) In calculating the per person cost at receptions or meals, the payer of the public official's admission or meal shall include all costs other than any amount donated to a charity. (c) The following example demonstrates how the value of a charitable dinner would be calculated. A person with a legislative or administrative interest buys a table for a charitable dinner at $100 per person. If the cost of the meal was $25 and the amount donated to charity was $75, the benefit conferred on the public official is $25. This example requires that the public official does not claim the charitable contribution on personal tax returns. (3) For receptions and meals with multiple attendees, but with no price established to attend, the source of the public official's meal or reception shall use reasonable methods to determine the per-person value or benefit conferred. The following examples are deemed reasonable methods of calculating value or benefit conferred: (a) The source divides the amount spent on food, beverage and other costs (other than charitable contributions) by the number of persons whom the payer reasonably expects to attend the reception or dinner; (b) The source divides the amount spent on food, beverage and other costs (other than charitable contributions) by the number of persons who actually attend the reception or dinner; or (c) The source calculates the actual amount spent on the public official. (4) Upon request by the public official, the source shall give notice of the value of the merchandise, goods, or services received. (5) Attendance at receptions that qualify as an exception to the gift definition under ORS 244.020(7)(b)(L) is permitted without regard to the fair market value of the food and beverage provided. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.020, 244.025, 244.042 & 244.100 History: GEC 3-2021, minor correction filed 06/29/2021, effective 06/29/2021 GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10 GEC 2-2008, f. & cert. ef. 3-7-08
199-005-0010 Resale Value of Unsolicited Tokens or Awards (1) The purpose of this rule is to assist public officials in determining the resale value of items provided under ORS 244.020( 7 [6] )(b)(C). (2) Engraved or otherwise personalized items that include a public official's name are deemed to have a resale value under $25, unless the personalized item is made from gold or some other valuable material that would have value over $25 as a raw material. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.020 History: GEC 4-2021, minor correction filed 06/29/2021, effective 06/29/2021 GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10 GEC 2-2008, f. & cert. ef. 3-7-08
199-005-0015 Attendance at Receptions, Meals or Meetings under ORS 244.020(7)(b)(E) The purpose of this exception is to allow public officials to attend organized, planned events and engage with the members of organizations when representing state government as defined in ORS 174.111, a local government as defined in 174.116 or a special government body as defined in 174.117. This exception to the gift definition does not authorize private meals where the participants engage in discussion. The following list of factors may indicate whether paid expenses may be accepted under this exception: (1) A large number of people or groups are invited. For example, all members of an organization are invited. (2) The invitations or programs are sent in advance. (3) The event is publicized. (4) The reception, meal, or meeting is open to the public. (5) Written materials such as a printed program are available. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.020 History: GEC 6-2021, minor correction filed 06/30/2021, effective 06/30/2021 GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10 GEC 2-2008, f. & cert. ef. 3-7-08
199-005-0025 Entertainment Permitted Under ORS 244.020(7)(b)(M) and (N) (1) Entertainment is incidental when it is secondary to the main purpose of the primary event and provided in conjunction with the primary event (such as a singer or band at an awards dinner). Incidental entertainment is secondary in importance and in time devoted to the entertainment compared to the primary, non-entertainment event. Entertainment that involves personal participation is not incidental to another event (such as a golf tournament at a conference). (2) Entertainment is ceremonial when a public official appears at an entertainment event for a “ceremonial purpose” at the invitation of the source of the entertainment who requests the presence of the public official at a special occasion associated with the entertainment. Staff members accompanying a public official may also attend if they are performing official duties. An example of an appearance by a public official at an entertainment event for a ceremonial purpose includes, but is not limited to, throwing the first pitch at a professional or college baseball game, appearing in a parade, and ribbon cutting for an opening ceremony. To qualify, the entertainment must be provided by the source of the entertainment, and the public official must have an official role in the entertainment event. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.0020 History: GEC 8-2021, minor correction filed 06/30/2021, effective 06/30/2021 GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10 GEC 2-2008, f. & cert. ef. 3-7-08
199-005-0027 Usual and Customary Practice as used in ORS 244.020(7)(b)(O) (1) The purpose of this rule is to clarify the exception in ORS 244.020(7)(b)(O) that permits public officials and candidates or a relative or household member 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 gain 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(7)(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 member of the board of directors for a local chapter of a not-for-profit corporation 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. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.020(7)(b)(O) History: GEC 14-2021, amend filed 12/07/2021, effective 12/30/2021 GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
199-005-0030 Determining the Source of Gifts (1) ORS 244.025 and 244.040(2)(e) limit the receipt of gifts from sources that could reasonably be known to have a legislative or administrative interest in the vote or decision of the public official who holds any official position or office. This rule is intended to clarify how a public official determines who the source of the gift is. Public officials need to be aware of the source of any gifts they receive (or those that are received by their relatives or members of their household), regardless of amount, to make sure that they comply with the $50 limit on gifts from a single source in a calendar year. To that end, public officials should not accept gifts in any amount without obtaining information from the person or entity offering the gift as to who is the source of the gift. It is the public official's personal responsibility to ensure that no single source provides gifts exceeding an aggregate value of $50 in a calendar year, if the source has a legislative or administrative interest. (2) The source of any gift provided to a public official is the ultimate payer(s) of the expense. (3) The $50 gift limit in ORS 244.025 applies separately to the public official or candidate, and to the public official or candidate's relatives or members of household. Each such individual may accept gifts from a single source of a total of $50 per calendar year. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.025 & 244.040 History: GEC 14-2021, amend filed 12/07/2021, effective 12/30/2021 GEC 4-2010, f. & cert. ef. 8-4-10 GEC 2-2008, f. & cert. ef. 3-7-08
199-008-0014 Guidelines on How Multiple Violations Will Be Charged The Commission will identify each action that appears to constitute a violation of ORS Chapter 244 and when multiple violations are committed will charge them in the following manner: (1) When a public official appears to have committed two or more violations by multiple equivalent actions, the Commission will charge the public official with a single violation and count the repeated actions using the number of the equivalent acts as aggravating factors when imposing any sanction. The following examples are offered to illustrate this rule and not meant to limit its application: (a) Each occasion a public official uses the government agency’s equipment (vehicle, tractor, chainsaw, trailer, etc.) for personal purposes could be a distinct violation of ORS 244.040(1). If a public official makes equivalent personal use of the agency’s equipment on two or more occasions, the multiple violations will be combined into the charge of one violation with each additional personal use of equipment being counted as an equivalent action. (b) Each occasion a public official uses the government agency’s resources (storage space, fuel, cash or other financial transactions, internet connection, computer, etc.) for personal purposes could be a violation of ORS 244.040(1). If a public official makes equivalent personal use of the agency’s resources on two or more occasions, the multiple violations will be combined into the charge of one violation with each additional personal use of the resource being counted as an equivalent action. (c) Each time a public official is met with an actual or potential conflict of interest, as defined in ORS 244.020, and fails to disclose the nature of the conflict the public official could violate 244.120. If a public official, under similar circumstances, fails to disclose the nature of the same conflict of interest on two or more occasions, the multiple violations will be combined into the charge of one violation with each additional failure to disclose the nature being counted as an equivalent action. (2) When two or more single violations are charged as one violation, each additional violation by this rule will be counted as equivalent acts. Each of the equivalent acts will be identified as an aggravating factor and included in the calculation of any assessment of a civil penalty or forfeiture that would constitute a sanction as setout in OAR 199-008-0015. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.290, 244.390, 244.370 & 244.350 History: GEC 13-2021, amend filed 12/07/2021, effective 12/30/2021 GEC 9-2021, renumbered from 199-001-0014, filed 07/29/2021, effective 07/30/2021 GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
199-008-0015 Oregon Government Ethics Commission Guidelines on Sanctions (1) The Commission will identify alleged violations of statutes or rules within the Commission’s jurisdiction during the preliminary review phase or by preliminary finding of violations at the end of an investigative phase. This rule will standardize the method for setting sanctions to be imposed when a matter before the Commission is to be concluded by a stipulated final order, final order or a final order by default. (2) TABLE A lists the factors that the staff and Commission may consider as mitigating or aggravating any violation of Oregon Government Ethics law in ORS Chapter 244, Oregon Lobbying Regulation in ORS Chapter 171 or Oregon Public Meetings Law in ORS Chapter 192. (a) Points will be assigned from the factors listed in TABLE A. A total of the points assigned will be calculated. (b) The total of the points assigned from TABLE A will be applied to TABLE B to determine the type and severity of any sanction imposed. (A) If the point total indicates a civil penalty, TABLE B will be used to determine the percentage of the maximum civil penalty that may be imposed. (B) If forfeiture is available as a sanction, TABLE B will be used to determine the percentage of the maximum forfeiture that may be imposed. (3) If there are aggravating or mitigating factors that are not listed in TABLE A, the director will prepare a summary of those factors for the Commission to consider. The Commission may exercise its discretion to deviate from the calculated sanctions from TABLE B and modify the civil penalty or the forfeiture. Any deviation from the calculated sanctions from TABLE B must be made part of the record of a case, either through an oral or written statement. (4) Possible aggravating or mitigating factors that may be considered in an upward or downward deviation from the calculated sanctions are: the responsibilities of the position held by the person at the time of the violation, a demonstrated acknowledgment of the violation and willingness to be educated, or an attempt to deny responsibility or cover up the conduct. (5) This rule does not apply in cases where the sanction is limited under ORS 244.280, 244.282, 244.284, 244.320 or 244.350. This rule also does not apply to sanctions imposed by the Commission for the late filing of reports required by ORS 244.050(2) to (4) or 171.752. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.290, ORS 244.390, ORS 244.370, ORS 244.350, ORS 244.280, ORS 244.282, ORS 244.320 & ORS 244.360 History: GEC 1-2024, amend filed 09/24/2024, effective 10/01/2024 GEC 13-2021, amend filed 12/07/2021, effective 12/30/2021 GEC 9-2021, renumbered from 199-001-0015, filed 07/29/2021, effective 07/30/2021 GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10
199-008-0020 Settlement (1) The Oregon Government Ethics Commission encourages the settlement of a case by stipulated final order. As used in this rule, a stipulated final order is an agreement between the Commission and the party which resolves all of the issues pending in the matter. (2) The stipulated final order shall be in writing and shall be signed by the person who is the subject of a complaint or against whom an investigation has commenced or by the attorney representing such person, if any, before being submitted to the Commission. (3) The stipulated final order shall contain a short and plain: (a) Statement of the nature of the complaint and the basis of the jurisdiction of the Oregon Government Ethics Commission; (b) Statement of all agreed facts and of all facts, if any, that are not agreed; (c) Statement of the terms of settlement; (d) Statement that both the commission and respondent have had an opportunity to seek the advice of counsel; (e) Statement of the effect of the agreement including that it is subject to final approval of the Government Ethics Commission, and that it is binding upon both parties and that the respondent waives the right to a contested case hearing and waives the right to judicial review. (4) The stipulated final order is a final order of the Commission. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 244.260 History: GEC 9-2021, renumbered from 199-001-0020, filed 07/29/2021, effective 07/30/2021 GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10 GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99 EC 1-1993, f. & cert. ef. 4-22-93
199-010-0005 Definitions As used in these rules: (1) "Agree to provide services" as used in ORS 171.725 and 171.740, means an oral or written agreement to provide lobbying services for a client or an employer in exchange for money or other consideration. (2) "Commission" means the Oregon Government Ethics Commission. (3) "Electronic Filing System (EFS)" means the database by which lobbyists and their clients or employers file required registrations, terminations, and quarterly expenditure reports. EFS is accessible from the Commission's website at https://apps.oregon.gov/OGEC/EFS/Home/Signin (4) "Entertainment" means amusement or diversion. Entertainment may be provided by others (such as athletes at sporting events) but also includes events where the public official, relative, or member of household personally participates. Examples of entertainment include, but are not limited to concerts, plays, movies, operas, sporting events, participating in sports (golf, skiing, hunting or fishing, etc), comedy shows, and similar events. (5) "Goodwill" as used in the definition of "lobbying" in ORS 171.725 means kindness, friendliness, benevolence or generosity by a person or entity directed toward a legislative official that could cause the legislative official to have a favorable impression of, or thankfulness to, the person or entity. Statutory/Other Authority: ORS 244.290 & 171.772 Statutes/Other Implemented: ORS 171.725, 171.745, 171.750 & 171.740 History: GEC 12-2021, amend filed 12/07/2021, effective 12/30/2021 GEC 3-2010, f. 3-12-10, cert. ef. 3-15-10 GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99 EC 1-1990, f. 7-31-90, cert. ef. 7-26-90 EC 9, f. & ef. 1-23-76 EC 7(Temp), f. & ef. 10-8-75 EC 5, f. 7-7-75, ef. 7-25-75 EC 2(Temp), f. & ef. 2-14-75 thru 6-14-75
199-010-0025 Lobbyist Registration and Termination Requirements (1) Individuals not exempted in ORS 171.735 from the lobbying registration law must register within three business days after spending either $100 or 24 hours during a calendar quarter on lobbying activities or within three business days after agreeing to provide personal services for money or any other consideration for the purpose of lobbying. (2) All lobbyists must register with the Commission through the EFS database located on the Commission's website. The Commission's website also contains a Lobby Guide for registrants. Lobbyists may contact the Commission by phone at 503-378-5105 or at ogec.mail@oregon.gov for assistance. (3) Lobbyists must file a registration for each person, business or organization they represent. Registration requirements also apply to persons who lobby on behalf of public agencies. If a lobbyist works for a lobbying firm that has multiple clients, the lobbyist must register to represent each client of the lobbying firm on whose behalf the lobbyist provides lobbying services. (4) All lobbyist registrations expire on December 31 of each odd-numbered year. Renewals must be filed before January 31 of the following even-numbered year to be considered a continuous registration. (5) Once registered with the Commission, a lobbyist must register each additional client/employer within three business days of agreeing to provide personal services for money or any other consideration for the purpose of lobbying on behalf of that client/employer. (6) If a lobbyist discontinues lobbying on behalf of a client/employer, the registration must be terminated within three business days. Either a lobbyist or a represented client/employer may terminate a lobbyist registration at any time by an EFS filing with the Commission and the termination is effective on the date it is successfully filed electronically. Statutory/Other Authority: ORS 244.290 Statutes/Other Implemented: ORS 171.740 History: GEC 12-2021, amend filed 12/07/2021, effective 12/30/2021 GEC 3-2010, f. 3-12-10, cert. ef. 3-15-10 GSPC 1-2004, f. & cert. ef. 8-4-04 GSPC 1-2002, f. & cert. ef. 10-18-02 GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99 EC 1-1990, f. 7-31-90, cert. ef. 7-26-90 EC 9, f. & ef. 1-23-76 EC 7(Temp), f. & ef. 10-8-75 EC 5, f. 7-7-75, ef. 7-25-75 EC 2(Temp), f. & ef. 2-14-75 thru 6-14-75