Oregon Statutes 244.040 – Prohibited use of official position or office; exceptions; other prohibited actions
(1) Except as provided in subsection (2) of this section, a public official may not use or attempt to use official position or office to obtain financial gain or avoidance of financial detriment for the public official, a relative or member of the household of the public official, or any business with which the public official or a relative or member of the household of the public official is associated, if the financial gain or avoidance of financial detriment would not otherwise be available but for the public official’s holding of the official position or office.
Terms Used In Oregon Statutes 244.040
- 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 of the public official is associated only as a member or board director or in a nonremunerative capacity. See Oregon Statutes 244.020
- Honorarium: means a payment or something of economic value given to a public official in exchange for services upon which custom or propriety prevents the setting of a price. See Oregon Statutes 244.020
- Legislative or administrative interest: means an economic interest, distinct from that of the general public, in:
(a) Any matter subject to the decision or vote of the public official acting in the public official's capacity as a public official; or
(b) Any matter that would be subject to the decision or vote of the candidate who, if elected, would be acting in the capacity of a public official. See Oregon Statutes 244.020
- Member of the household: means any person who resides with the public official or candidate. See Oregon Statutes 244.020
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Public official: means the First Partner and any person who, when an alleged violation of this chapter occurs, is serving the State of Oregon or any of its political subdivisions or any other public body as defined in ORS § 174. See Oregon Statutes 244.020
(2) Subsection (1) of this section does not apply to:
(a) Any part of an official compensation package as determined by the public body that the public official serves.
(b) The receipt by a public official or a relative or member of the household of the public official of an honorarium or any other item allowed under ORS § 244.042.
(c) Reimbursement of expenses.
(d) An unsolicited award for professional achievement.
(e) Gifts that do not exceed the limits specified in ORS § 244.025 received by a public official or a relative or member of the household of the public official from a source that could reasonably be known to have a legislative or administrative interest.
(f) Gifts received by a public official or a relative or member of the household of the public official from a source that could not reasonably be known to have a legislative or administrative interest.
(g) The receipt by a public official or a relative or member of the household of the public official of any item, regardless of value, that is expressly excluded from the definition of ‘gift’ in ORS § 244.020.
(h) Contributions made to a legal expense trust fund established under ORS § 244.209 for the benefit of the public official.
(3) A public official may not solicit or receive, either directly or indirectly, and a person may not offer or give to any public official any pledge or promise of future employment, based on any understanding that the vote, official action or judgment of the public official would be influenced by the pledge or promise.
(4) A public official may not attempt to further or further the personal gain of the public official through the use of confidential information gained in the course of or by reason of holding position as a public official or activities of the public official.
(5) A former public official may not attempt to further or further the personal gain of any person through the use of confidential information gained in the course of or by reason of holding position as a public official or the activities of the person as a public official.
(6) A person may not attempt to represent or represent a client for a fee before the governing body of a public body of which the person is a member. This subsection does not apply to the person’s employer, business partner or other associate.
(7) A current or former public official may not solicit, receive or use public moneys from a public body, as defined in ORS § 174.109, to pay or make payments on a civil penalty imposed on the current or former public official by the Oregon Government Ethics Commission in accordance with ORS § 171.992 or 244.350.
(8) The provisions of this section apply regardless of whether actual conflicts of interest or potential conflicts of interest are announced or disclosed under ORS § 244.120. [1974 c.72 § 3; 1975 c.543 § 2; 1987 c.566 § 9; 1989 c.340 § 3; 1991 c.146 § 1; 1991 c.770 § 6; 1991 c.911 § 4; 1993 c.743 § 9; 2007 c.877 § 17; 2009 c.68 § 4; 2021 c.265 § 1]