Oregon Administrative Rules › Chapter 265 - COMMISSION ON STATEWIDE LAW ENFORCEMENT STANDARDS OF CONDUCT AND DISCIPLINE › Division 5 - General/Definitions and Policy › Section 265-005-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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