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

Current through Register Vol. 46, No. 28, July 10, 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.