OAR 199-005-0003: Legislative or Administrative Interest Defined in ORS 244.020

(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. (3) As required by ORS 244.050, any public official or candidate who completes an Annual Verified Statement of Economic Interest (SEI) form will apply the meaning of “decision” in OAR 199-005-0003(2) when identifying a legislative or administrative interest held by any creditor, debtor, business or person, or entity that paid a service fee when listing the information required by ORS 244.060 and 244.070.