New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter XX - Commission on ethics and lobbying in Government
Part 933 - GIFTS (PURSUANT TO PUBLIC OFFICERS LAW)
Section 933.4 - Exclusions
Universal Citation: 19 NY Comp Codes Rules and Regs ยง 933.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The following are not gifts:
(1) Anything for which a
covered person has paid fair market value.
(2) Anything for which the State has paid or
secured by State contract.
(3)
Rewards or prizes given to competitors in contests or events (including random
drawings) offered to the general public or a segment of the general public
defined on a basis other than status as a covered person.
(4) Contributions reportable under article 14
of the Election Law, including contributions made in violation of that article
of the Election Law.
(5) Food or
beverage valued at $15 or less per occasion.
(6) Complimentary attendance (including food
and beverage) at a bona fide charitable event or a bona fide political
event.
(7) Complimentary attendance
(including food and beverage) offered by the sponsor of a widely attended
event.
(i)
Widely attended
event shall mean an event:
(a) which
at least 25 individuals other than members, officers, or employees from the
governmental entity in which the covered person serves attend or were, in good
faith, invited to attend in person; and
(b) which is related to the attendee's duties
or responsibilities or allows the covered person to perform a ceremonial
function appropriate to his or her position. For the purposes of this
exclusion, a covered person's duties or responsibilities shall include but not
be limited to:
(1) for elected covered
persons (or their staff attending with or on behalf of such elected officials)
only, attending an event or a meeting at which more than one-half of the
attendees, or persons invited in good faith to attend in person, are residents
of the county, district, or jurisdiction from which the elected covered person
was elected; or
(2) for all covered
persons, attending an event or a meeting at which a speaker or attendee
addresses an issue of public interest or concern as a significant activity at
such event or meeting.
(i) For the purposes
of this clause, complimentary attendance does not include registration or
admission without charge to any entertainment, recreational, or sporting
activity unless the presentation addressing the public interest or concern that
is made by the speaker or attendee is delivered at such entertainment,
recreational, or sporting activity.
(ii) For the purposes of this clause,
complimentary attendance does not include food and beverage unless such food or
beverage are available to all participants as part of the widely attended
event.
(ii) Prior written notification required for
State officers or employees. A State officer or employee shall, prior to the
widely attended event, notify in writing the head of his or her State agency
(or such person's appropriate designee for the State officer or employee
involved) of the State officer's or employee's intention to accept an
invitation for complimentary attendance from the sponsor of a widely attended
event. The written notification shall contain pertinent details demonstrating
that the criteria for a widely attended event, contained in subparagraph (i) of
this paragraph, are satisfied.
(8) Awards, plaques, and other ceremonial
items. Awards, plaques, and other ceremonial items must be publicly presented,
or intended to be publicly presented, and in recognition of service related to
a covered person's official duties and responsibilities. Additionally, such
awards, plaques, and other ceremonial items must be of the type customarily
bestowed at similar ceremonies and be otherwise reasonable under the
circumstances.
(9) Honorary degrees
bestowed upon a covered person by a public or private college or
university.
(10) Promotional items.
Items having no substantial resale value such as pens, mugs, calendars, hats,
and t-shirts which bear an entity's name, logo, or message in a manner which
promotes the entity's cause.
(11)
Goods and services and discounts for goods and services:
(i) Goods and services, or discounts for
goods and services, must be offered to the general public or a segment of the
general public defined on a basis other than status as a covered person and
offered on the same terms and conditions as the goods and services are offered
to the general public or segment thereof.
(ii) Notwithstanding subparagraph (i) of this
paragraph, discounts made available to all covered persons fall within this
exclusion.
(iii) Notwithstanding
subparagraph (i) of this paragraph, discounts made to a select group of covered
persons may fall within this exclusion. The following non-exhaustive list of
factors shall be considered when any discount is made available to a select
group of covered persons to determine whether the discount would fall within
this exclusion:
(a) the scope of the class of
covered persons who are offered the discount;
(b) the amount and duration of the
discount;
(c) whether the criterion
for the offer is based on factors other than the covered person's official
duties and responsibilities; and
(d) for State officers and employees, whether
the offeror is an interested source.
(12) Gifts from friends or family members:
(i) Gifts from a family member or a person
with a personal relationship with a covered person when it is reasonable to
infer that the gift was primarily motivated by the family or personal
relationship. Personal gifts may include an invitation to attend a personal or
family social event.
(ii) In
determining whether the gift was primarily motivated by a family or personal
relationship, the factors to be considered include but are not limited to:
(a) the history and nature of the
relationship between the individual offering the gift and the recipient,
including whether items have previously been exchanged;
(b) whether the item was purchased by the
individual offering the gift; and
(c) whether the individual offering the gift
at the same time gave similar items to other covered persons.
(iii) The gift shall not be
considered to be motivated by a family or personal relationship if the
individual or entity seeks to charge or deduct the value of such item as a
business expense or seeks reimbursement from a client.
(13) Reimbursement of expenses for speakers
at informational events. Travel reimbursement or payment for transportation,
meals, and accommodations for an attendee, panelist, or speaker at an
informational event when such reimbursement or payment is made by a
governmental entity or by an in-state accredited public or private institution
of higher education that hosts the event on its campus, provided, however, that
the covered person may only accept lodging from an institution of higher
education:
(i) at a location on or within
close proximity to the host campus; and
(ii) for the night preceding and the nights
of the days on which the attendee, panelist, or speaker actually attends the
informational event.
(14) Provision of local transportation to
inspect facilities:
(i) Provision of local
transportation to inspect or tour facilities, operations, or property located
in New York State, when such inspection or tour is related to the covered
person's official duties or responsibilities.
(ii) The payment or reimbursement for
expenses for lodging or travel expenses to and from the locality where such
facilities, operations, or property are located is not covered by this
exclusion. The acceptance of such payment or reimbursement is governed by Part
931 of this Title.
(15)
Meals for participants at a professional or educational program. Receipt of
food and beverages when participating in a professional program or educational
program as a part of a covered person's official duties, provided the food or
beverages are available to all participants.
(b) With respect to the solicitation, acceptance, or receipt of items and services identified in paragraphs (a)(5)-(15) of this section, nothing in this Part shall be construed as relieving a covered person's obligations under Public Officers Law section 74 with respect to such items or services.
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