Advisory Opinion No. 1995-10
Gifts Provided By A Registrant To State Employee
Participants In A Program Offered By The Office
Of The Treasurer
State Treasurer Christopher B. Burnham has stated that this
program provides many benefits to the State including reduced bank fees,
streamlined bank account reconciliation activities, enhanced work production on
pay days, and enhanced certainty of cash projections. He estimates that a doubling of the current
participation rate in the program could result in annual benefits of up to
$300,000 to the State of Conn. Gen. Stat. §1-97(a) prohibits a registrant or anyone
acting on behalf of a registrant from knowingly giving any state employee or
public official gifts that amount to fifty dollars or more in any calendar
year. Discounts or promotional items
available to the general public, however, are exempt from the definition of
gift. See Conn. Gen. Stat. §1-91(g)(7). Shawmut Bank has stated that the on-going
incentives will be the same as those which they offer to employees of any
employer which participates in a direct deposit of pay program.
With regard to the sweepstakes prize which is to be provided
as a one-time incentive, Shawmut Bank contemplates awarding airline tickets to
the winner of a drawing. It is unsure
how to value these tickets, since they are purchased in conjunction with hotel
packages. This prize is not typically
offered to participants in a direct deposit pay program. Since the Office of the Treasurer is requesting that such
prizes be offered to State employees on its behalf in order to encourage
participation in the States direct deposit program, the awarding of this prize
will help accomplish the States goal.
The prohibition on gifts of fifty dollars or more contained in §1-97(a)
does not apply to gifts for the personal use or benefit of state employees or
public officials which are provided to the state or executive agencies when
such gifts facilitate the execution of state action or functions. See Conn. Gen. Stat. §1-91(g)(5) and
Regulations of Conn. State Agencies §1-92-51.
Therefore, under the Code of Ethics for Lobbyists, this one-time
incentive may also be provided by a registrant. Advisory Opinion No. 94-19, 56 By order of the Commission, David Nassef
Chairperson