265-005-0001 Definitions (1) “Assault” has the meaning given that term in ORS 163.115. (2) “Civilian or community oversight board, agency or review body” has the meaning given that term in ORS 243.812. (3) “Controlled Substance” has the meaning given that term in ORS 475.005. (4) “Deadly physical force” has the meaning given that term in ORS 161.015. (5) “Disciplinary action” means a personnel action against a law enforcement officer in the form of a written reprimand, suspension without pay, reduction in salary, demotion, or termination of employment upon a finding that the law enforcement officer engaged in misconduct. (6) “Disciplining body” means a law enforcement agency or, if applicable, a civilian or community oversight board, agency or review body. (7) “Domestic violence” has the meaning given that term in ORS 135.230. (8) "Exclusive representative" has the meaning given that term in ORS 243.650(8). (9) “Finding” means a final determination by the decision maker of a disciplining body that a law enforcement officer has engaged in misconduct for which the decision maker making the determination has authority to impose disciplinary action. (10) "Intentional” has the meaning given that term in ORS 161.085. (11) “Justification” means a justifiable use of physical or deadly physical force pursuant to ORS 161.205 to ORS 161.267. (12) “Just Cause” has the meaning given that term in ORS 236.350. (13) “Law enforcement agency” has the meaning given that term in ORS 243.812. (14) “Law enforcement officer” has the meaning given that term in ORS 243.812. (15) “Misconduct” means conduct that violates state, tribal or federal law or the policies of the law enforcement agency employing the law enforcement officer, or that subjects the law enforcement officer to disciplinary action under these rules. (16) “Misuse of authority for financial gain” occurs when a law enforcement officer’s vote, opinion, judgment, action, decision or exercise of discretion is influenced by the officer’s solicitation or acceptance of a financial benefit for the officer or a third person. This rule does not apply to agency-approved fundraising activities. (17) “Moral Character” means performing the duties of a law enforcement officer in a manner that demonstrates honesty, fairness, and respect for the rights of others and for the laws of the state and the nation. (18) “Physical Force” has the meaning given that term in ORS 161.015. (19) “Physical Injury” has the meaning given that term in ORS 161.015. (20) “Serious Physical Injury” has the meaning given that term in ORS 161.015. (21) “Sexual assault” has the meaning given that term in ORS 243.317. (22) “Sex crime” has the meaning given that term in ORS 163A.005. (23) “Sexual Harassment” has the meaning given that term in OAR 839-005-0030. (24) “Stalking” means engaging in conduct constituting the crime of stalking in ORS 163.732. (25) “Untruthfulness” means being dishonest or untruthful in a manner that reflects adversely on the ability of a law enforcement officer to perform their official duties, which includes knowingly or willfully: making false statements, falsifying work-related records or official documents, omitting material facts or material information, or answering questions or providing information in a manner that is incomplete, evasive, deceptive, or misleading. A statement is not considered untruthful when the officer reasonably believes that deception (i) is necessary due to the nature of the officer’s assignment, such as an undercover assignment; (ii) is necessary to acquire information for a criminal investigation, or (iii) to protect the officer or others from an articulable threat. The use of deception in these circumstances must be for a specific and legitimate law enforcement purpose. Statutory/Other Authority: ORS 243.812 Statutes/Other Implemented: ORS 243.812 History: CSLES 1-2024, amend filed 02/05/2024, effective 02/05/2024 CSLES 5-2022, adopt filed 09/30/2022, effective 09/30/2022