Or. Admin. Code § 199-005-0027 - Usual and Customary Practice as used in ORS 244.020(7)(b)(O)

(1) The purpose of this rule is to clarify the exception in ORS 244.020(7)(b)(O) that permits public officials and candidates or a relative or household member of a public official or candidate to accept or solicit anything of economic value when provided 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 gain and the offer or solicitation bears no relationship to the public official's or candidate's holding of, or candidacy for, the official position or public office.

(2) "Usual and customary practice" means an offer that is part of a historical or established custom. Such offers are long standing traditions that embody ordinary or expected practices resulting in economic benefits for those that are not public officials or candidates. As this term is used in ORS 244.020(7)(b)(O), anything of economic value offered or solicited as a "usual and customary practice" must bear no relationship to a public position or office held by the public official or candidate. Examples of usual and customary practice may include:

(a) A pharmacist is elected and becomes a member of the Oregon Legislative Assembly. In the past, as with other pharmacists, the pharmacist and her spouse were invited to dinners hosted by representatives of pharmaceutical manufacturers to discuss products and services. The pharmacist, now a legislator, and her spouse would be able to continue the usual and customary practice of accepting or soliciting these paid expenses for meals received in the practice of her private employment as long as the offer or solicitation bears no relationship to the position held in the Oregon Legislative Assembly and is made to other pharmacists who are not public officials.

(b) A member of the board of directors for a local chapter of a not-for-profit corporation is elected to the city council. For the past 15 years the local chapter has provided all board members and their spouses paid food, lodging and travel expenses to attend an annual leadership retreat. The board member, now a city councilor, and his spouse would be able to continue with the other board members in the usual and customary practice of accepting or soliciting these paid expenses for food, lodging and travel expenses in the conduct of his volunteer duties as long as the offer or solicitation bears no relationship to the position held as a city councilor and is made to other board members who are not public officials.

Notes

Or. Admin. Code § 199-005-0027

GEC 1-2010, f. 3-12-10, cert. ef. 3-15-10; GEC 14-2021, amend filed 12/07/2021, effective 12/30/2021

Statutory/Other Authority: ORS 244.290

Statutes/Other Implemented: ORS 244.020(7)(b)(O)