reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 1 - PROCEDURAL RULES › Section 199-001-0030 - Advisory Opinions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon
			 Government Ethics Commission may, upon the written request of any person, or
			 upon its own motion, issue opinions on the requirements of ORS Chapter 244, and
			 ORS
			 171.725 to
			 171.785.
(2) The Oregon Government Ethics Commission
			 will issue an Advisory Opinion based on real or hypothetical facts or
			 circumstances but not upon actual events that have already occurred.
(3) The Oregon Government Ethics Commission
			 shall issue an Advisory Opinion only after approval from a majority of
			 Commissioners at a regular meeting of the Commission.
(4) An Advisory Opinion shall contain:
(a) A short and plain statement of the real
			 or hypothetical facts or circumstances on which it is based;
(b) Relevant statutes;
(c) A short and plain statement of the
			 question presented;
(d) A short and
			 plain statement of the opinion of the Commission based on the real or
			 hypothetical facts in answer to the question. The opinion of the Commission may
			 cite relevant statutes of the State of Oregon, opinions of the Oregon appellate
			 courts, opinions of the Attorney General of Oregon, and previous opinions of
			 the Oregon Government Ethics Commission;
(e) A typed notice in uppercase letters not
			 less than 10 point that states the following:
"THIS OPINION IS ISSUED BY THE OREGON GOVERNMENT ETHICS
				COMMISSION PURSUANT TO (INSERT ORS
				171.776 OR ORS
				244.280).
				EXCEPT AS OTHERWISE PROVIDED IN (INSERT CHAPTER 244 OR ORS
				171.725 TO
				171.785),
				THE COMMISSION MAY NOT IMPOSE A PENALTY UNDER ORS
				244.350 OR
				244.360 FOR ANY GOOD FAITH ACTION OR TRANSACTION TAKEN IN RELIANCE ON THIS ADVISORY
				OPINION.THIS OPINION IS LIMITED TO THE FACTS SET FORTH HEREIN. OTHER LAWS OR
				REGULATIONS NOT WITHIN THE JURISDICTION OF THE COMMISSION MAY ALSO
				APPLY."
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 5 - GIFTS › Section 199-005-0003 - Legislative or Administrative Interest Defined in ORS 244.020

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 5 - GIFTS › Section 199-005-0005 - Determining the Value Received by Public Officials

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 5 - GIFTS › Section 199-005-0010 - Resale Value of Unsolicited Tokens or Awards

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 5 - GIFTS › Section 199-005-0015 - Attendance at Receptions, Meals or Meetings under ORS 244.020(7)(b)(E)

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 5 - GIFTS › Section 199-005-0020 - Gift Exceptions in ORS 244.020(7)(b)(F) and (H)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to provide
			 clarification for these gift exceptions that permit public officials to accept
			 payment of reasonable expenses while in their official capacity. The exceptions
			 are for certain limited purposes. Travel that meets the requirements of ORS
			 244.020(7)(b)(F) or
			 (H) and this rule may be either within the
			 United States or international.
(2)
			 As provided in ORS
			 244.020(7)(b)(F)
			 the expenses offered to and accepted by a public official may only be accepted
			 by a public official and not relatives or members of the public official's
			 household.
(a) The event in which the public
			 official participates may be a convention, fact-finding mission or trip or
			 other meeting and the public official must be representing government, making a
			 speech, participating in a panel discussion or making a presentation. "Speech"
			 means to give a formal address. Self introductions or other perfunctory remarks
			 do not constitute speaking for purposes of this exception. "Panel discussion"
			 means to engage in a formal discussion with other members of the panel or
			 audience. To "make a presentation" may range from presenting prepared remarks
			 on a topic to a brief statement when giving an award.
(b) The source of the payment for a public
			 official's expenses must provide the public official with a written notice that
			 includes the aggregate sum paid for the expenses over $50 as required in ORS
			 244.100.
(c) Any public official who is required to
			 file the Annual Verified Statement of Economic Interest form with this
			 Commission must report the expenses paid on the public official's behalf and
			 provide the details for the event on the form as required by ORS
			 244.060.
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 5 - GIFTS › Section 199-005-0025 - Entertainment Permitted Under ORS 244.020(7)(b)(M) and (N)

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 5 - GIFTS › Section 199-005-0027 - Usual and Customary Practice as used in ORS 244.020(7)(b)(O)

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 5 - GIFTS › Section 199-005-0030 - Determining the Source of Gifts

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 8 - COMPLIANCE AND SANCTIONS › Section 199-008-0008 - Policy Specifying when a Public Official acting in an Official Capacity may Directly Supervise a Relative or Member of Household under ORS 244.179

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this rule is to provide guidance to a public body in creating and adopting a
			 policy that specifies when a public official acting in an official capacity may
			 directly supervise a person who is a relative or member of the household of the
			 public official.
(2) A policy that
			 specifies when a public official acting in an official capacity may directly
			 supervise a relative shall be in writing and shall be formally adopted by the
			 public body that the public official serves.
(3) A policy that specifies when a public
			 official acting in an official capacity may directly supervise a relative shall
			 comply with the other provisions of ORS Chapter 244. Any such policy shall
			 provide for delegation to another person of any task that would constitute a
			 prohibited use of office for financial gain pursuant to ORS
			 244.040(1)
			 or a conflict of interest pursuant to ORS
			 244.120.
			 The policy shall provide a method that complies with ORS
			 244.120 for the supervising public official to handle conflicts of interest when called
			 upon to take actions or make decisions or recommendations regarding the
			 financial interests of the relative or member of household who is being
			 supervised. Examples of tasks that might constitute prohibited use of office or
			 a conflict of interest if performed by a public official for a relative or
			 member of household who the public official was supervising may include:
(a) Performing or approving an annual review
			 or performance evaluation
(b)
			 Signing a paycheck for a relative or member of household
(c) Signing a personnel action form providing
			 for a change in salary or benefits for the relative or member of
			 household
(d) Assigning shifts
			 where there is discretion as to number of hours, differential pay rates,
			 locations or overtime
(e) Approving
			 overtime or expenses
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 8 - COMPLIANCE AND SANCTIONS › Section 199-008-0014 - Guidelines on How Multiple Violations Will Be Charged

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 8 - COMPLIANCE AND SANCTIONS › Section 199-008-0015 - Oregon Government Ethics Commission Guidelines on Sanctions

Current through Register Vol. 63, No. 7, July 1, 2024
(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 the executive session provisions in ORS
			 192.660.
(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.
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 8 - COMPLIANCE AND SANCTIONS › Section 199-008-0020 - Settlement

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 10 - LOBBYING REGISTRATION AND REPORTING › Section 199-010-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 10 - LOBBYING REGISTRATION AND REPORTING › Section 199-010-0025 - Lobbyist Registration and Termination Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 10 - LOBBYING REGISTRATION AND REPORTING › Section 199-010-0035 - Instructions for Completing Lobbyist Registration

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise exempted by ORS
				171.735,
				a lobbyist must file a registration with the Commission through the electronic
				filing system (EFS) which may be accessed at
				https://apps.oregon.gov/OGEC/EFS
(1)
			 Lobbyist Contact Information:
(a) The mailing
			 address, telephone number, and a regularly monitored email address where the
			 lobbyist or a designated contact person may be reached. All notices regarding
			 filing requirements and late filings are sent to this email;
(b) Name, phone, and email information for an
			 alternate contact who is designated to receive the same emails from EFS that
			 are sent to the lobbyist;
(c) The
			 name of any member of the Legislative Assembly employed, retained or otherwise
			 compensated by the lobbyist;
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 10 - LOBBYING REGISTRATION AND REPORTING › Section 199-010-0060 - Who Must File Quarterly Expenditure Reports

Current through Register Vol. 63, No. 7, July 1, 2024
The following are required to file quarterly expenditure
				reports with the Commission through the Commission's electronic filing system
				(EFS):
(1) Any person registered as a
			 lobbyist must file quarterly expenditure reports.
(2) Any person, business, organization or
			 public agency that engages a lobbyist who is registered as a lobbyist under OAR
			 199-010-0025  of these rules, must file a quarterly report of lobbying
			 expenditures.
(3) An expenditure
			 report must be filed even if there were no expenditures during the reporting
			 period.
(4) An expenditure report
			 must be filed for any portion of a reporting period prior to a registration
			 termination. For example, if a lobbyist or a client/employer terminates a
			 registration on April 2nd, an expenditure report would still be required from
			 the lobbyist and the client/employer for expenditures made in the 2nd
			 quarter.
Statutory/Other Authority: ORS
				  244.290
Statutes/Other Implemented: ORS
				  171.745  & ORS
				  171.750
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 10 - LOBBYING REGISTRATION AND REPORTING › Section 199-010-0070 - Report Filing Deadlines for Lobbyists and Client/Employer of Lobbyists

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Lobbyist
			 expenditure reports must be filed online via EFS by the 15th of the month
			 following each calendar quarter (January 15, April 15, July 15, and October
			 15), regardless of whether the 15th falls on a holiday or weekend.
(2) Client/Employer expenditure reports must
			 be filed online via EFS by the 15th of the month following each calendar
			 quarter (January 15, April 15, July 15, and October 15), regardless of whether
			 the 15th falls on a holiday or weekend.
Statutory/Other Authority: ORS
				  244.290
Statutes/Other Implemented: ORS
				  171.752
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 10 - LOBBYING REGISTRATION AND REPORTING › Section 199-010-0075 - Content of Lobbyist Quarterly Expenditure Report (ORS 171.745)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A lobbyist must report the total amount
			 of money spent during the reporting period for all lobbying activity
			 expenditures that were made for food, refreshment and limited entertainment
			 during the reporting period as required by ORS
			 171.745(1)(a).
(a) Except for entertainment provided under
			 the conditions set forth in ORS
			 244.020(7)(b)(M) or
			 (N), entertainment expenses paid for a public
			 official are subject to a $50 limit on the aggregate value of gifts from a
			 source who could reasonably be known to have a legislative or administrative
			 interest as provided in ORS
			 244.025.
(b) The lobbyist must report the total amount
			 reimbursed to them for food, refreshment and entertainment and must identify
			 each client or employer and the amount of reimbursement that each
			 provided.
(c) If a lobbyist
			 initiates and participates in the lobbying activity and uses or arranges for
			 payment with a credit card, debit card or any other form of payment, it is the
			 lobbyist's responsibility to report the expense. In the following examples, the
			 methods of payment are the equivalent of a reimbursed expense that must be
			 reported by the lobbyist:
(A) A lobbyist
			 arranges a lobbying activity and those arrangements include placing the charges
			 on a credit or debit card account belonging to the lobbyist's client or
			 employer.
(B) A lobbyist registered
			 to represent a client or employer is also an employee or executive official of
			 that same client or employer. The client or employer is the holder of a credit
			 or debit card and authorizes the lobbyist to use the credit or debit
			 card.
(C) A lobbyist places a
			 lobbying activity expense on a personal or lobby firm business account. When
			 the billing statement is received, it is submitted to and paid by the
			 represented client or employer.
(d) The lobbyist must report the net
			 expenditures made for food, refreshment and entertainment, which is the result
			 of subtracting the total of expenditures reimbursed by the client or employer
			 from the total of all expenditures reported.
(e) If lobbying services are provided by two
			 or more registered lobbyists from the same business, public agency or other
			 organization, a quarterly expenditure report may be filed that consolidates the
			 lobbying activity expenditures of the lobbyists. The lobbying activity expenses
			 reimbursed to each individual lobbyist must be detailed as required in (1)(b),
			 (1)(c) and (1)(d) of this rule. To use this method of reporting lobbying
			 expenditures, contact the Oregon Government Ethics Commission for additional
			 information. (ORS
			 171.745(4))
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 10 - LOBBYING REGISTRATION AND REPORTING › Section 199-010-0080 - How Lobbyists Report Expenditures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A lobbyist must
			 report all lobbying related expenditures made during reporting periods, as
			 defined in OAR 199-010-0075.
(2)
			 The expenditures must be reported in the Commission's electronic filing system
			 (EFS).
(3) If the amount of any
			 expenditure required to be included in the report is not accurately known at
			 the time of the report, an estimate thereof should be submitted timely and
			 updated in a subsequent amended report when more accurate information is
			 available.
Statutory/Other Authority: ORS
				  244.290
Statutes/Other Implemented: ORS
				  171.745
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 10 - LOBBYING REGISTRATION AND REPORTING › Section 199-010-0095 - Content of Client/Employer Quarterly Expenditure Report (ORS 171.750)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A client/employer of a lobbyist must
			 report the total amount spent during the reporting period on lobbying related
			 activities (ORS
			 171.750(1)(a)).
(a) Include overhead costs related to
			 lobbying activity. Expenses related to travel for the purpose of lobbying are
			 excluded from the reporting requirement (ORS
			 171.750(1)(c)).
(b) Report each registered lobbyist who is
			 compensated to provide lobbying services and include the amount paid in
			 compensation and the amount paid in reimbursement to the lobbyist for food,
			 refreshment and entertainment (ORS
			 171.750(1)(c)).
(c) If the lobbyist representing the
			 client/employer has initiated and participated in a lobbying activity and has
			 used or arranged for payment with the client's/employer's credit card, debit
			 card or any other form of payment, it is the lobbyist's responsibility to
			 report the expense as a reimbursement from the client/employer and the
			 client/employer must report the expense as a reimbursement to the lobbyist. In
			 the following examples, the methods of payment are the equivalent of a
			 reimbursed expense to the lobbyist and must be reported as such by the
			 client/employer:
(A) A lobbyist arranges a
			 lobbying activity and those arrangements include placing the charges on a
			 credit or debit card account belonging to the client/employer.
(B) A lobbyist registered to represent a
			 client/employer is also an employee or executive official of that same
			 client/employer. The client/employer is the holder of a credit or debit card
			 and authorizes the lobbyist to use the credit or debit card.
(C) A lobbyist places a lobbying activity
			 expense on a personal or lobby firm business account. When the billing
			 statement is received, it is submitted to and paid by the represented
			 client/employer.
(d) If
			 lobbying services are provided to a client/employer by two or more registered
			 lobbyists from the same business, public agency or other organization, report
			 the amounts paid for compensation and for reimbursed expenses to the business,
			 public agency or organization (ORS
			 171.750(1)(c)).
			 In reporting reimbursed expenses, use the same criteria to identify a
			 reimbursed expense as described in (1)(b) and (1)(c) of this rule.
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 10 - LOBBYING REGISTRATION AND REPORTING › Section 199-010-0150 - Civil Penalty for Late Filing and Lobby Law Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 may impose a civil penalty for each day a lobbyist expenditure report or
			 client/employer expenditure report required by ORS
			 171.745 and
			 171.750 is late beyond the due date established in 171.752. The penalties will accrue
			 at $10 per day for the first 14 days and at $50 per day thereafter. Such
			 penalty shall not exceed the amount of $5,000 pursuant to ORS
			 171.992.
(2) Excluding violations of ORS
			 171.752,
			 the Commission will identify each action that constitutes a violation of ORS
			 Chapter 171 and when multiple violations are committed, will charge them in the
			 following manner:
(a) When a lobbyist or
			 client/employer of a lobbyist has committed two or more violations by repeated
			 equivalent actions, the Commission will charge the lobbyist or client/employer
			 with a single violation and count the repeated actions using the number of the
			 equivalent acts as aggravating factors when imposing any sanction as discussed
			 in (2)(b) of this rule. The following examples are offered to illustrate this
			 rule and not meant to limit its application:
(A) Each lobbyist must register with the
			 Commission when exceeding the limits of time or expenditures set forth in ORS
			 171.735.
			 Failure to register as a lobbyist for each client/employer could be a distinct
			 violation of ORS
			 171.740.
			 If a lobbyist fails to register for two or more client/employers, the multiple
			 violations will be combined into the charge of one violation with each
			 additional failure to register being counted as an equivalent action.
(B) When a lobbyist fails to report an
			 occasion on the Lobbyist Quarterly Expenditure Report when an amount exceeding
			 $50 is spent for the benefit of a legislative or executive official, the
			 lobbyist violates ORS
			 171.745.
			 If a lobbyist fails to report two or more officials who participated in the
			 same event, the multiple violations will be combined into the charge of one
			 violation with each additional failure to report an official being counted as
			 an equivalent action.
(C) When a
			 client/employer represented by a lobbyist fails to report an occasion on the
			 Client/Employer Quarterly Expenditure Report when an amount exceeding $50 is
			 spent for the benefit of a legislative or executive official, the
			 client/employer violates ORS
			 171.750.
			 If a client/employer fails to report two or more officials who participated in
			 the same event, the multiple violations will be combined into the charge of one
			 violation with each additional failure to report an official being counted as
			 an equivalent action.
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 20 - STATEMENT OF INTEREST › Section 199-020-0005 - Identification of Public Officials Required to File Annual Verified Statements of Economic Interest

Current through Register Vol. 63, No. 7, July 1, 2024
Cities, counties, and those state boards and commissions,
				special districts and others affected by the filing requirements of ORS
				244.050 shall
				inform the Oregon Government Ethics Commission of certain information related
				to individuals required to file an Annual Verified Statement of Economic
				Interst (SEI). The information shall be reported to the Commission via its
				Electronic Filing System (EFS), which is accessed through the Commission's
				website:
https://www.oregon.gov/ogec/Pages/index.aspx
.
				The website also contains training on the EFS system for all users. Any
				questions concerning electronic filings should be directed to
				ogec.mail@ogec.oregon.gov or by phone to 503-378-5105.
(1) Each public body shall provide in writing
			 to the Commission the name, title, mailing address, phone number and e-mail
			 address of a person to act as their jurisdictional contact (JC) on or before
			 February 15. Any changes to the JC's identity or contact information shall be
			 updated by the public body in the Commission's EFS within ten business
			 days.
(2) Each designated JC shall
			 update the Commission's EFS no later than each February 15 with the name,
			 position or office held and the email address of each individual required to
			 file an SEI. Any subsequent changes, additions or deletions of this information
			 that occurs before April 15 must be made by the JC in EFS within three business
			 days.
Statutory/Other Authority: ORS
				  244.290
Statutes/Other Implemented: ORS
				  244.050,
				  244.060,
				  244.070,
				  244.090
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 20 - STATEMENT OF INTEREST › Section 199-020-0008 - Exemption Procedure for Annual Verified Statements of Economic Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule implements ORS
			 244.290(2)(b),
			 directing the Commission to allow exemptions for public officials who are
			 otherwise required by 244.050 to file an annual statement of economic interest
			 when the public body on which the public official serves meets so infrequently
			 so as not to warrant the public disclosure. Public officials shall submit a
			 request for an exemption from the filing requirements of 244.050 in writing to
			 the Commission.
(2) Only public
			 officials required to file under ORS
			 244.050(1)(k)
			 are eligible to request the exemption under this rule. The Commission will
			 accept requests that are submitted on behalf of all of the public officials
			 serving on a particular city or county planning, zoning or development
			 commission.
(3) The Commission will
			 grant the exemption if the following criteria are met:
(a) The public body on which the public
			 official serves has met no more frequently than twice annually for the last
			 three calendar years.
(b) The
			 public body has no decision making authority, but limits its function to making
			 recommendations to an accountable public body or public official.
(c) The request for exemption is accompanied
			 with copies of agendas and meeting minutes for all meetings conducted by the
			 public body within the last three calendar years, as well as documentation of
			 the authority or role of the public body.
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 20 - STATEMENT OF INTEREST › Section 199-020-0013 - Filing an Annual Verified Statement of Economic Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The purpose of this rule is to clarify the procedures for filing an Annual
			 Verified Statement of Economic Interest (SEI) and explain some reporting
			 requirements. All public officials required by ORS
			 244.050 to file an SEI must do so through the Commission's Electronic Filing System
			 (EFS). Information for filers and links to the EFS are on the Commission's
			 website at
https://www.oregon.gov/ogec/Pages/index.aspx
.
			 Individuals may also contact the Commission for assistance by phone at
			 503-378-5105 or by email at OGEC.mail@ogec.oregon.gov.
(2) Each required SEI filer must establish an
			 account in the EFS system in order to file an SEI. The annual SEI filing is due
			 each April 15. All required filers as identified by the filer's jurisdiction
			 will receive an invitation via email to create an account in the EFS system.
			 The invitation expires in 90 days if not acted upon.
(3) Once a filer's individual account is
			 established, automated notices from the EFS system will be sent via email to
			 each filer alerting them of upcoming filing deadlines, their filing status, and
			 any late filing penalties they may have accrued.
(4) It is the filer's responsibility to
			 update their EFS account when their contact information changes.
Statutory/Other Authority: ORS
				  244.290
Statutes/Other Implemented: ORS
				  244.050
Oregon Administrative Rules › Chapter 199 - OREGON GOVERNMENT ETHICS COMMISSION › Division 20 - STATEMENT OF INTEREST › Section 199-020-0020 - Filing Deadlines

Current through Register Vol. 63, No. 7, July 1, 2024
Effective in 2016, Statements of Economic Interest
				electronically filed online with the Commission by April 15, regardless of
				whether the 15th falls on a holiday or weekend, are considered timely.
Statutory/Other Authority: ORS
				  244.290
Statutes/Other Implemented: ORS
				  244.050