Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 8 - COMPLIANCE AND SANCTIONS › Section 199-008-0005 - Definitions of terms in ORS Chapter 244

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this rule is to define certain terms and to clarify substantive provisions of
			 ORS Chapter 244.
(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) The term "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) The term
			 "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.
(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,
			 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(15),
			 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).
(8) "Ministerial Acts" as used in ORS
			 244.177 means any act that a public official may take in the ordinary course of
			 performing their official duties that has no financial impact on a relative or
			 household member who seeks employment with, is employed by, or who otherwise
			 serves the same public body. Such acts may include taking meeting minutes,
			 notarizing documents, taking messages, filing or duplicating
			 documents.
Statutory/Other Authority: ORS
				  244.290
Statutes/Other Implemented: ORS
				  244.020,
				  244.047,
				  244.040,
				  244.042,
				  244.177,
				  244.045