OAR 350-014-0010. Definitions for Division 14 of the Gorge Commission's Rules

(1) “Action” means any action on the part of the Gorge Commission, including: (a) A decision, determination, finding, ruling or order; and (b) A grant, payment, award, license, contract, transaction, sanction, or approval, or the denial thereof, or failure to act with respect to a decision, determination, finding, ruling, or order. (2) “Appearance” means the act of performing or participating in an event. (3) “Assist” means to act, or offer or agree to act, in such a way as to help, aid, advise, furnish information to, or otherwise provide assistance to another person, believing that the action is of help, aid, advice, or assistance to the person and with intent so to assist such person. “Assist” does not include referring, without recommending, a person to other persons or sources of advice and information, and other non-substantive advice or assistance, consistent with 350-014-0110. (4) “Beneficial interest” means a financial interest in a contract, sale, lease, purchase, or grant to which an individual subject to the act is not a party but is an owner of an entity that is a party. An ownership interest of less than 10 percent of an entity is not a beneficial interest. However, an ownership interest in a mutual fund or similar investment pooling fund in which the owner has no management powers does not constitute a beneficial interest in the entities in which the fund or pool invests. (5) “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. (6) “Business with which the person is associated” means: (a) Any private business or closely held corporation of which the person or the person’s relative is a director, officer, owner, or employee, or agent or any private business or closely held corporation in which the person or the person’s relative owns or has owned stock worth $1,000 or more at any point in the preceding calendar year. (b) Any publicly held corporation in which the person or the person’s relative 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 the person’s relative is a director or officer; or (d) For members of the Gorge Commission required to file a statement of economic interest under ORS 244.050 or RCW chapter 29B, any business listed as a source of income as required under ORS 244.060(3) or RCW 29B.55.030(1)(d). (7) “Compensation” means anything of economic value, however designated, that is paid, loaned, granted, or transferred, or to be paid, loaned, granted, or transferred for, or in consideration of, personal services to any person. (8) “Gorge Commission” means the Columbia River Gorge Commission. (9) “Gift” means: (a) Something of economic value given to a public official or a relative or member of the public official’s household: (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 the relatives or members of the household of public officials on the same terms and conditions; or (B) For valuable consideration less than that required from others who are not public officials. (b) “Gift” does not mean: (A) Gifts from relatives or members of the household of the public official. (B) 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. (C) Informational or program material, publications or subscriptions related to the recipient’s performance of official duties. (D) 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 at a reception, meal or meeting held by an organization when the public official represents the Gorge Commission. (E) 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 membership organization to which the Gorge Commission pays membership dues or a not-for-profit corporation that is tax exempt under section 501(c)(3) of the Internal Revenue Code, for attendance at a convention, fact-finding mission or trip, conference or other meeting if the public official is scheduled to deliver a speech, make a presentation, participate on a panel or represent the Gorge Commission. (F) Waiver or discount of registration expenses or materials provided to a public official or candidate at a continuing education event that the public official may attend to satisfy a professional licensing requirement. (G) Expenses provided by one public official to another public official for travel inside Oregon or Washington to or from an event that bears a relationship to the receiving public official’s office and at which the official participates in an official capacity. (H) Food or beverage consumed by a public official at a reception where the food or beverage is provided as an incidental part of the reception and no cost is placed on the food or beverage. (I) Entertainment provided to a public official or a relative or member of the household of the public official that is incidental to the main purpose of another event. (J) Entertainment provided to a public official or a relative or member of the household of the public official where the public official is acting in an official capacity while representing the Gorge Commission or that is incidental to the main purpose of another event. (K) Food, beverages or both provided to a public official by a public body during meetings or other official events held by the public body or as otherwise required to be provided by law or rule of Oregon or Washington. (L) Merchandise provided to a public official by a public body if the cost of the merchandise does not exceed $100 in a calendar year. (M) Anything of economic value offered to or solicited or received by a public official or a relative or member of the household of the public official: (i) As part of the usual and customary practice of the person’s private business, or the person’s employment or position as a volunteer with a private business, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, not-for-profit corporation or other legal entity operated for economic value; and (ii) That bears no relationship to the public official’s holding of the official position. (10) “Honorarium” means money or thing of value offered to a public official for a speech, appearance, article, or similar item or activity in connection with the public official’s official duty. (11) “Income” means income of any nature derived from any source, including any salary, wage, advance, payment, dividend, interest, rent, honorarium, return of capital, forgiveness of indebtedness, or anything of economic value. (12) “Legislative or administrative interest” means an economic interest, distinct from that of the general public, in any matter subject to the decision or vote of the public official acting in the public official’s capacity as a public official. (13) “Member of household” means the spouse or domestic partner of the public official, and any dependent children or dependent relatives of either who reside with the public official. (14) “Official duty” means those duties within the specific scope of employment or appointment of the public official as defined by the Gorge Commission, a public official of the Gorge Commission, Gorge Commission rule, or other law. (15) “Official position” means holding an office or having authority. (16) “Participate” means to participate in action or a proceeding personally and substantially as a public official, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or otherwise. (17) “Person” means any individual, partnership, association, corporation, firm, institution, or other entity, whether or not operated for profit. (18) “Potential 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 could be to the private pecuniary benefit or detriment of the person or the person’s relative, or business with which the person or the person’s relative is associated, unless the pecuniary benefit or detriment arises out of the following: (a) An interest or membership in a particular business, industry, occupation, or other class required by law as a prerequisite to the holding by the person of the office or position. (b) Any action in the person’s official capacity which would affect to the same degree a class consisting of all inhabitants of Oregon or Washington or both, or a smaller class consisting of an industry, occupation, or other group including one of which or in which the person, or the person’s relative or business with which the person or person’s relative is associated, is a member or is engaged. (c) Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under section 501(c) of the Internal Revenue Code. (19) “Public official” means any person who is serving in a governmental capacity for the Gorge Commission as an officer, employee, agent or otherwise, and irrespective of whether the person is compensated for such services. (20) “Relative” means: (a) The spouse, parent, stepparent, child, sibling, stepsibling, son-in-law or daughter-in-law of the public official; (b) The parent, stepparent, child, sibling, stepsibling, son-in-law or daughter-in-law of the spouse of the public official; (c) Any individual for whom the public official has a legal support obligation; (d) Any individual for whom the public official provides benefits arising from the public official’s public employment or from whom the public official receives benefits arising from that individual’s employment; or (21) “Thing of economic value,” in addition to its ordinary meaning, includes: (a) A loan, property interest, interest in a contract or other chose in action, and employment or another arrangement involving a right to compensation; (b) An option, irrespective of the conditions to the exercise of the option; and (c) A promise or undertaking for the present or future delivery or procurement. (22) “Transaction involving the Gorge Commission” means: (a) A proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other similar matter that a current or former public official, as defined in this division, believes, or has reason to believe: (A) Is, or will be, the subject of Gorge Commission action; or (B) Is one to which the Gorge Commission is or will be a party; or (C) Is one in which the Gorge Commission has a direct and substantial proprietary interest. (b) “Transaction involving the Gorge Commission” does not include the following: Preparation, consideration, or enactment of legislation, including appropriation of moneys in a budget, or the performance of legislative duties by an officer or employee; or a claim, case, lawsuit, or similar matter if the officer or employee did not participate in the underlying transaction involving the Gorge Commission that is the basis for the claim, case, or lawsuit.