OAR 199-005-0020: Gift Exceptions in ORS 244.020(7)(b)(F) and (H)

(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. (3) As provided in ORS 244.020(7)(b)(H), when a public official is representing government, expenses may be offered to and accepted by the public official. Payment of expenses may also be offered to and accepted by a public official’s relatives, members of the public official’s household and members of the public official’s staff. The following conditions must be met before the offer of paid expenses may be made to and accepted by a public official: (a) The purpose for the activity must be for either an officially sanctioned trade promotion or fact-finding trip/mission or for officially designated negotiations or economic development activities. (b) “Officially sanctioned or officially designated” means written approval by a state or local public body or by a person authorized by the public body to provide that approval. When the activity is officially designated as negotiations or economic activity, the written notice will include approval for the public official to accept the payment of reasonable expenses. Unless the public body determines otherwise, the written notice from the following is sufficient to constitute an officially sanctioned or officially designated activity under ORS 244.020(7)(b)(H): (A) A supervisor; (B) A governing body of a public body; (C) The President of the Senate, Speaker of the House, the designated majority or minority leaders of either chamber or appointed committees of the Legislative Assembly for any elected member; (D) Elected state officials holding the positions of Governor, Secretary of State, State Treasurer, Attorney General, Commissioner of the Bureau of Labor and Industries, and Superintendent of Public Instruction have authority to officially sanction or designate events for themselves; (E) Elected state court judges and district attorneys have authority to officially sanction or designate events for themselves; (F) Elected county sheriffs, surveyors, treasurers, assessors and justices of the peace have authority to officially sanction or designate events for themselves; (G) The chief administrators of state executive departments, commissions or boards have authority to officially sanction or designate events for themselves; (H) The chief administrator of a city or county government or a special district has authority to officially sanction or designate events for themselves. (c) “Trade Promotion” means an activity for the purpose of encouraging or developing commerce or the buying and selling of goods and services. (d) “Economic Development Activities” mean activities undertaken for the purpose of strengthening, expanding, or enhancing the economy, or activities that provide community development or cultural enhancement. Specific activities include, but are not limited to: promoting tourism; promoting a favorable investment climate to strengthen businesses; creating jobs; raising real wages; assisting Oregon communities to build a capacity to retain, expand or attract business; improving national and global competitiveness of Oregon companies; improving transportation access; and marketing products, services, or opportunities.