Advisory Opinion No. 1993-6
Application Of Codes Of Ethics
To Financial Benefits
Received From A Lobbyist In
Connection With Ones
Non-State Employment
Responsibilities
Each Board member attending the outing will have the opportunity to play golf at the lobbyists expense and will be provided with a commemorative sweater. An early dinner will be provided at which a representative of the lobbyist will make a presentation on the construction proposal. The chairman of the municipal board has asked all members to attend so that they might see for themselves the quality of the facility and thereby make a better-informed judgment about the lobbyists proposal. The lobbyist also proposes to give each board member a ticket to a Whalers game to be played the same evening.
Pursuant to Conn. Gen. Stat. §§1-84(j) and 1-97(a), no
public official or state employee may accept from a registered lobbyist, and no
registered lobbyist may give to such a person, in one year, a gift or gifts
valued at $50 or more, or food and beverage valued at $150 or more. See Conn. Gen. Stat. §§1-79(e)(1)-(12) and
1-91(g)(1)-(12) for exceptions. The Commission
has previously held that a state employee who is an officer of a professional
association which is also a registered lobbyist may accept certain financial
benefits which are routinely conferred on the associations officers (e.g.,
reimbursement for out-of-pocket costs, waiver of registration fees or
reasonable costs of the officers attendance at a convention). State Ethics Commission Advisory Opinion No. 83-3,
44
More recently, the Commission applied the above reasoning to
those customary and routine benefits conferred by a registered
lobbyist-employer on its employee who also happens to be the spouse of a state
employee and to whom the limits of §§1-84(j) and 1-97(a) would otherwise
apply. State Ethics Commission Advisory
Opinion No. 92-19, 54
The hypothetical situation described above contemplates a benefit conferred on the public official in connection with an activity unrelated to his official state functions, and unrelated to lobbying as that term is defined in Conn. Gen. Stat. §1-91(k). Nevertheless, a benefit does not need to be related to lobbying to be both reportable by the lobbyist and subject to the gift limitations of the Codes. See Conn. Gen. Stat. §§1-96(b), 1-96(e) and 1-84(j). In addition, the benefit in the instant case is being paid for not by the board, but by an entity seeking to do business with the board. The situation, therefore, is not strictly analogous to the ones described in Advisory Opinions No. 83-3 and 92-19, although the hypothetical raises similar policy issues.
The Commission is not persuaded by the fact that the lobbyists intention in providing the benefit is unrelated to the public officials state position. The public official does not shed his responsibilities under the Code of Ethics merely be engaging in another occupation or activity. However, to the extent that the lobbyist has offered a benefit which is integral to the public officials ability to perform as a board member, the Commission views the benefit as flowing from the board itself. That is, not only would the benefit not be offered but for the board membership, the benefit itself is necessary to the performance of the board members responsibilities. Applying the principles illustrated in Advisory Opinion Nos. 83-3 and 92-19, above, the Commission finds that consideration for the benefit is received, by the Board, when the board member participates in discussions of and action upon the lobbyists proposal.
The Commission concludes that financial benefits which enable the hypothetical public official to do his job as a board member more effectively would not be considered gifts and would not be reportable by the lobbyist. Such benefits would include entry to the facility, fees for playing on the prototypical course, and the dinner presentation. Such an exemption from the Codes gift rules would not extend to benefits which are not absolutely necessary to the performance of board members duties. The commemorative sweater and a ticket to a Whalers game would be fully reportable by the lobbyist.
By order of the Commission,
Christopher T. Donohue
Chairperson