OAR 839-010-0010: Disclosures by Public Employees: Definitions

As used in ORS 659A.200 to 659A.224 and these rules: (1) "Abuse of authority" means to deliberately exceed or make improper use of delegated or inherent authority or to employ it in an illegal manner. (2) "Agency" for the purposes of OAR 839-010-0010 to 839-010-0060 refers to the state or any agency of or political subdivision in the state. (3) "Disciplinary action" means any adverse action including dismissal, demotion, transfer, reassignment, supervisory reprimand, warning of possible dismissal, or withholding of work, whether or not the action affects or will affect employee compensation. (4) "Disclosure" means a formal or informal internal or extra-agency communication, not including a communication concerning policy decisions that lawfully exercise discretionary authority unless the employee providing the disclosure reasonably believes that the disclosure evidences: (a) A violation of any federal or state law, rule, or regulation by the agency; (b) Mismanagement; (c) Gross misuse or waste of public resources or funds; (d) Abuse of authority in connection with the administration of a public program or the execution of a public contract; or (e) A substantial and specific danger to public health or safety resulting from agency action. (5) "Employee" means a person: (a) Employed by or under contract with the state or any agency of or political subdivision in the state; (b) Employed by or under contract with any person authorized to act on behalf of the state, or agency of the state or subdivision in the state, with respect to control, management or supervision of any employee; (c) Employed by the public corporation created under ORS 656.751; (d) Employed by the public corporation established under ORS 741.001; (e) Employed by a contractor who performs services for the state, agency or subdivision, other than employees of a contractor under contract to construct a public improvement; and (f) Employed by or under contract with any person authorized by contract to act on behalf of the state, agency or subdivision. (6) "Gross waste of funds" means an expenditure that is significantly out of proportion to the benefit expected to accrue to the agency and is more than a debatable expenditure. (7) "Mismanagement" means serious agency misconduct having the effect of actually or potentially undermining the agency's ability to fulfill its public mission. (8) "Public employer" means: (a) The state or any agency of or political subdivision in the state; and (b) Any person authorized to act on behalf of the state, or any agency of or political subdivision in the state, with respect to control, management or supervision of any employee. (9) "Reckless disregard for its truth or falsity" means a conscious disregard of a substantial and justifiable risk that the information disclosed is false. (10) "Substantial and specific danger" means a specified risk of serious injury, illness, peril or loss, to which the exposure of the public is a gross deviation from the standard of care or competence that a reasonable person would observe in the same situation.