New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter XX - Commission on ethics and lobbying in Government
Part 934 - GIFTS (PURSUANT TO LEGISLATIVE LAW ARTICLE 1-A)
Section 934.4 - Exclusions
Universal Citation: 19 NY Comp Codes Rules and Regs ยง 934.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The following are not gifts:
(1) Contributions reportable
under article fourteen of the Election Law, including contributions made in
violation of that article of the Election Law.
(2) Food or beverage valued at $15 or less
per occasion.
(3) Complimentary
attendance (including food and beverage) at a bona fide charitable event or a
bona fide political event.
(4)
Complimentary attendance (including food and beverage) offered by a lobbyist or
client who is 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 public official 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 public official to perform a ceremonial
function appropriate to his or her position. For the purposes of this
exclusion, a public official's duties or responsibilities shall include but not
be limited to:
(1) for an elected public
official (or his or her staff attending with or on behalf of such elected
official) 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
public official 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 issue of 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.
(5) 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 public official'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.
(6) Honorary degrees
bestowed upon a public official by a public or private college or
university.
(7) 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.
(8)
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 public official 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 public officials fall within this
exclusion.
(iii) Notwithstanding
subparagraph (i) of this paragraph, discounts made to a select group of public
officials 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 public officials to determine whether the discount would fall within
this exclusion:
(a) the scope of the class of
public officials who are offered the discount;
(b) the amount and duration of the discount;
and
(c) whether the criterion for
the offer is based on factors other than the public official's official duties
and responsibilities.
(9) Gifts from friends or family members:
(i) Gifts, including an invitation to attend
a personal or family social event, from a client or lobbyist (or the client's
or lobbyist's spouse or unemancipated child) when all of the following criteria
are met:
(a) the client or lobbyist (or the
client's or lobbyist's spouse or unemancipated child) is a family member or a
person with a personal relationship with a public official; and
(b) it is reasonable to infer that the gift
was primarily motivated by the family or personal relationship.
(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 public officials.
(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.
(10) 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 public official 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.
(11) 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 public
official'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.
(12) 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 public official's official duties, provided the food or
beverages are available to all participants.
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