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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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OREGON BUSINESS DEVELOPMENT DEPARTMENT

 

DIVISION 87

PRIVATE SECTOR CONTRIBUTIONS AND INVOLVEMENT

123-087-0000

Purpose

This division of administrative rules sets forth guidelines for soliciting, accepting and reporting contributions to the Department projects, programs and purposes that are received from private, non-governmental sources, as permissible under state law, including but not limited to ORS 285B.200(1). These guidelines are based on the premise that building a stronger economy and vital communities in Oregon may necessitate and may sometimes be best accomplished by close collaboration among the public, nonprofit and private sectors.

Stat. Auth.: ORS 285A.075
Stats. Implemented: ORS 285A.200
Hist.: EDD 35-1988, f. 11-30-88, cert. ef. 12-1-88; EDD 4-2003, f. & cert. ef. 3-26-03

123-087-0010

Definitions

(1) For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. As used in this division of administrative rules, unless the context requires otherwise the following definitions apply:

(2) Private Sector Support means financial contributions and/or in-kind goods and services, such as those listed in OAR 123-087-0020(1), that are received by the Department. Such donations may be received from individuals, partnerships, or corporations, or any other private entity, including but not limited to nonprofit organizations.

Stat. Auth.: ORS 285A.075
Stats. Implemented: ORS 285A.200
Hist.: EDD 35-1988, f. 11-30-88, cert. ef. 12-1-88; EDD 4-2003, f. & cert. ef. 3-26-03; EDD 28-2009, f. 12-31-09, cert. ef. 1-1-10

123-087-0020

Solicitation and Use of Private Support

(1) The Department may solicit, receive and use Private Sector Support in the following contexts:

(a) Special projects for public information, publicity or promotional activities related to economic and community enhancement in this state;

(b) Employees who are hired by the state government but whose compensation is entirely or partially attributable to donations received by the Department or by the state government on the Department's behalf from one or more private entities;

(c) Personnel employed by the contributing entity who are loaned to the Department for performing certain purposes, and who receive no compensation from the Department except for reimbursement of expenses;

(d) Activities related to the expansion, retention or recruitment of businesses, employment or commerce in and for this state;

(e) Efforts to organize, educate or increase institutional or human capacity for and among persons engaged in local economic and community development;

(f) Free or discounted provision of or access to public speakers, expertise, printing, advertisement, transportation, accommodations and so forth; or

(g) Similar reasons and circumstances.

(2) Solicitation of Private Sector Support by the Department shall be approved by the Director.

(3) Contributors to the Department shall not receive any special benefit, service, consideration, publicity or information as a result of their contribution to the Department, other than, for example, satisfaction with the mutual outcomes accomplished as a result of collaboration with the Department

(4) Any Private Sector Support received in the form of money shall be paid into and disbursed from an appropriate account or fund and its origins recorded.

(5) Private Sector Support shall be used only for the purposes for which it was contributed or returned to the contributor when appropriate.

(6) Private Sector Support involving loaned personnel, privately supported compensation of state employees or similar arrangements shall be:

(a) Used only for temporary, limited duration or specially dedicated roles or for unusual circumstances, and not to fill a regular, permanent position of the state government or to displace or replace any existing employee;

(b) Approved directly by the Director;

(c) Reported to appropriate state agencies, in addition to OAR 123-087-0040, within 30 days of the commencement of such a person's work or service for the state, if the period of that work or service is expected to be at least that long;

(d) For no more than an overall period of two years and not repeated;

(e) Preceded by any affected person's orientation with the Department, including but not limited to facilitation and instruction by the Department for the person to read and understand the laws and guidelines described in subsection (f) of this section; and

(f) Done in accordance with all applicable laws and guidelines of the State of Oregon and of the Department relating to personnel, compensation, volunteers, state liability, ethics, and the identification and prevention of conflicts of interest, including but not limited to ORS 171.725 to 171.785, ORS chapters 179 and 244, and OAR 123-087-0030.

Stat. Auth.: ORS 285A.075
Stats. Implemented: ORS 285A.200
Hist.: EDD 35-1988, f. 11-30-88, cert. ef. 12-1-88; EDD 4-2003, f. & cert. ef. 3-26-03

123-087-0030

Avoiding Conflicts of Interest

(1) The Department shall solicit and receive Private Sector Support only for the purpose of assisting the Department to undertake or implement the programs, functions or laws that it is charged with administering.

(2) Private Sector Support may not be received or used in any way that:

(a) Provides for the personal benefit of any state employee;

(b) Directly benefits any entity responsible for the support; or

(c) Pertains significantly to Department actions, decisions or resources with the potential to have a pecuniary advantage or detriment to such an entity.

(3) If, in the judgment of the Director, an entity is offering or providing support in order to potentially receive special consideration, services or information from the state, or the support is otherwise improper, the Director shall refuse or return the support offered. The Director may consult with the Governor's Office, Department of Administrative Services, Secretary of State, Attorney General, the Oregon Government Ethics Commissionor other state agencies in order to determine whether receipt of such support is appropriate.

(4) The Department shall, as needed, develop special operational guidelines for purposes of this division of administrative rules (including but not limited to the treatment of confidential or privileged information), signed statements acknowledging such guidelines, and so forth.

(5) The elements and intent of this rule may be applied in situations that might arise with respect to contributions, in-kind goods or services or other forms of support offered to or received by the Department from local governments or municipal corporations that are eligible to receive funding from the Department.

Stat. Auth.: ORS 285A.075
Stats. Implemented: ORS 285A.200
Hist.: EDD 35-1988, f. 11-30-88, cert. ef. 12-1-88; EDD 4-2003, f. & cert. ef. 3-26-03; EDD 28-2009, f. 12-31-09, cert. ef. 1-1-10

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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