OAR 199-005-0001: Definitions

The following definitions are provided for words or terms as they are used in ORS Chapter 244, especially in the exceptions to the definition of a gift in ORS 244.020(7)(b): (1) “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. (2) A “fact finding mission or trip” is any activity related to a cultural or educational purpose, or any activity aimed at providing intergovernmental assistance, such as for the purpose of international aid or sharing best practices, or developing intergovernmental relationships directly related to the public official's duties. The sponsor of a fact finding mission should be directly and immediately associated with the event or location being visited. (3) “Incidental” means secondary or minor, but associated to something more important. Anything with financial value provided in conjunction with a primary event but of secondary in importance to the time and attention to the main purpose of the event is incidental. (4) A “Meeting” is an event that includes multiple attendees who are members of an organization or members of the general public who have been invited to the event. The purpose or agenda for the meeting would be included in any advance notice of the event. (5) "Official capacity" means that the public official attends an activity while engaged in duties or responsibilities that are customary to their office or position. (6) “Organization” means any public body, corporation, partnership, proprietorship, firm, enterprise, franchise, association, trust, or other entity other than an individual. (7) “Representing Government” means that a public official is representing a state or local government or a special government body when the public official attends an event on behalf of the government agency. The following examples are offered to illustrate the meaning of “representing government,” but are not meant to be the only circumstances that would define representing government: (a) A fire chief attends an event to honor protection services representatives and attends on behalf of the station in an official capacity. (b) A department manager attends a conference being sponsored by a vendor that has in the past sold products to the agency in which the manager is employed. The manager’s official duties include the responsibility of attending conferences on behalf of the governing body. (c) An executive director for a state agency attends ceremonial events; the director’s official duties include representing the agency at such events. (d) A state employee who works in the IT department whose responsibilities include reviewing and recommending software attends a workshop on software applications held by a professional membership organization. (e) A planning commissioner speaks to a non-profit organization on behalf of the county planning department. (f) A volunteer for a city park department attends an event representing the department at a meeting to discuss issues surrounding volunteerism. (g) A legislator attends an event being sponsored by a Native American tribe on behalf of a legislative committee on which the legislator serves. (h) A city councilor attends the local chamber of commerce breakfast. (8) “Reception” means a social gathering. Receptions are often held for the purpose of extending a ceremonial or formal welcome and may include private or public meetings during which guests are honored or welcomed. Food and beverages are often provided, but not as a plated, sit-down meal.