Oregon Revised Statutes Chapter 244 § 244.020 — Definitions

Definitions. As used in this chapter, unless the context requires otherwise: (1) “Actual conflict of interest” means any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which would be to the private pecuniary benefit or detriment of the person or a relative or member of the household of the person, or any business with which the person or a relative or member of the household of the person is associated, unless the pecuniary benefit or detriment arises out of circumstances described in subsection (13) of this section. (2) “Business” means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual and any other legal entity operated for economic gain but excluding any income-producing not-for-profit corporation that is tax exempt under section 501(c) of the Internal Revenue Code with which a public official or a relative or member of the household of the public official is associated only as a member or board director or in a nonremunerative capacity. (3) “Business with which the person is associated” means: (a) Any private business or closely held corporation of which the person or a relative or member of the household of the person is a director, officer, owner or employee, or agent or any private business or closely held corporation in which the person or a relative or member of the household of the person owns or has owned stock, another form of equity interest, stock options or debt instruments worth $1,000 or more at any point in the preceding calendar year; (b) Any publicly held corporation in which the person or a relative or member of the household of the person owns or has owned $100,000 or more in stock or another form of equity interest, stock options or debt instruments at any point in the preceding calendar year; (c) Any publicly held corporation of which the person or a relative or member of the household of the person is a director or officer; or (d) For public officials required to file a statement of economic interest under ORS 244.050, any business listed as a source of income as required under ORS 244.060 (3). (4) “Candidate” means an individual for whom a declaration of candidacy, nominating petition or certificate of nomination to public office has been filed or whose name is printed on a ballot or is expected to be or has been presented, with the individual’s consent, for nomination or election to public office. (5) “Development commission” means any entity that has the authority to purchase, develop, improve or lease land or the authority to operate or direct the use of land. This authority must be more than ministerial. (6) “First Partner” means the spouse or domestic partner of the Governor, or an individual who primarily has a personal relationship with the Governor as determined by the Oregon Government Ethics Commission by rule. “First Partner” encompasses any alternative title that the Governor may publicly substitute for “First Partner,” including, but not limited to, “First Lady,” “First Husband” or “First Spouse.” (7)(a) “Gift” means something of economic value given to a public official, a candidate or a relative or member of the household of the public official or candidate: (A) Without valuable consideration of equivalent value, including the full or partial forgiveness of indebtedness, which is not extended to others who are not public officials or candidates or the relatives or members of the household of public officials or candidates on the same terms and conditions; or (B) For valuable consideration less than that required from others who are not public officials or candidates. (b) “Gift” does not mean: (A) Contributions as defined in ORS 260.005. (B) Gifts from relatives or members of the household of the public official or candidate. (C) An unsolicited token or award of appreciation in the form of a plaque, trophy, desk item, wall memento or similar item, with a resale value reasonably expected to be less than $25. (D) Informational or program material, publications or subscriptions related to the recipient’s performance of official duties. (E) Admission provided to or the cost of food or beverage consumed by a public official, a relative of the public official accompanying the public official, a member of the household of the public official accompanying the public official or a staff member of the public official accompanying the public official, at a reception, meal or meeting held by an organization when the public official represents state government as defined in ORS 174.111, a local government as defined in ORS 174.116 or a special government body as defined in ORS 174.117. (F) Reasonable expenses paid by any unit of the federal government, a state or local government, a Native American tribe that is recognized by federal law or formally acknowledged by a state, a