Advisory Opinion No. 1995-18
Application Of
Thef
The Codes Necessary Expense Provisions
To Participation In Charitable Events
No public official or state
employee shall accept a fee or honorarium for an article, appearance or speech,
or for participation at an event, in his official capacity, provided a public
official or state employee may receive necessary expenses for any such activity
in his official capacity. Specifically, Attorney Rubin has asked whether this Code
provision permits the acceptance of necessary expenses under the following
scenario: a public official is invited
to play in a charity golf tournament.
The invitation is extended by virtue of the officials position, with
the expectation that his presence at the event will attract other individuals
to participate. While, under the above facts, the officials invitation to
the golf tournament is extended solely because of his public position, the
activity does not qualify for the necessary expense exception to the Codes
overall gift limitations. In essence,
the necessary expense provisions of §1-84(k) were established to allow the
sponsor of an event to pay a public officials expenses when, in the past (i.e.,
prior to To extend the limits of the statute to
allow the receipt of necessary expenses in situations where the only activity
is participation in the underlying charity event, e.g. as a
player in a golf or tennis tournament, would clearly go beyond the original
intent of the Code provision in question. And, as a consequence, would permit the
acceptance of substantial benefits not otherwise permitted under the Code of
Ethics for Public Officials (e.g., registered lobbyist paying for
travel, lodging and related expenses for a Notwithstanding the above ruling, the State Ethics Commission
reiterates its position that, whenever possible, charitable contributions
should be facilitated, not hindered, by the application of the requirements of
the Ethics Code. Specifically, as the
Commission has previously held, the Codes gift provisions will be interpreted
to value the gift of participation in a charity event as being equal to the
fair market value of the actual benefit received. Advisory Opinion No. 91-15 52 CLJ 51, p. 2C (
By order of the Commission, David T. Nassef
Chairperson