§ 7-1-305. SOLICITATION OR ACCEPTANCE OF GIFTS.

(a)

Solicitation of gifts prohibited.

(1)

A public official may not solicit any gift.

(2)

A public official may not directly solicit or facilitate the solicitation of a gift, on behalf of another person, from an individual regulated lobbyist.

(b)

Acceptance of gifts prohibited. Except as provided in subsection (c) of this section, a public official may not knowingly accept a gift, directly or indirectly, from an entity that the public official knows or has reason to know:

(1)

Does or seeks to do any business of any kind, regardless of amount, with the public official's office, agency, board, or commission;

(2)

Engages in an activity that is regulated or controlled by the public official's office, agency, board, or commission;

(3)

Has a financial interest that may be affected substantially and materially, in a manner distinguishable from the public generally, by the performance or nonperformance of the public official's official duties; or

(4)

Is a regulated lobbyist with respect to matters within the jurisdiction of the public official.

(c)

Same - Exceptions.

(1)

Notwithstanding subsection (b) of this section, a public official may accept a gift specified in paragraph (2) of this subsection unless:

(i)

The gift would tend to impair the impartiality and independent judgment of the public official; or

(ii)

As to a gift of significant value:

1.

The gift would give the appearance of impairing the impartiality and independent judgment of the public official; or

2.

The public official believes or has reason to believe that the gift is designed to impair the impartiality and independent judgment of the public official.

(2)

Subject to paragraph (1) of this subsection, subsection (b) of this section does not apply to:

(i)

Meals or beverages received and consumed by the public official in the presence of the donor or sponsoring entity;

(ii)

Ceremonial gifts or awards of insignificant monetary value;

(iii)

Unsolicited gifts of nominal value;

(iv)

Unsolicited gifts that are not meals or alcoholic beverages and that do not exceed $20 in cost, from a regulated lobbyist;

(v)

Trivial gifts of informational value;

(vi)

In return for participation on a panel or a speaking engagement at a meeting, reasonable expenses for food, travel, lodging, or scheduled entertainment of the public official if the expenses are associated with the meeting, except that, if such expenses for a public official are to be paid by a regulated lobbyist and are anticipated to exceed $500, the public official shall notify the Ethics Commission before attending the meeting;

(vii)

As to a member of the County Council, reasonable expenses for food, travel, lodging, or scheduled entertainment to attend a legislative conference if the member's attendance is approved by the chairman of the County Council;

(viii)

Tickets or free admission extended to an elected official as a courtesy or ceremony to the office, to attend a charitable, cultural, or political event;

(ix)

A specific gift or class of gifts exempted from subsection (b) of this section by the Ethics Commission upon a written finding that:

1.

Acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of government; and

2.

The gift is purely personal and private in nature;

(x)

A gift from:

1.

An individual related to the public official by blood or marriage; or

2.

Any other individual who is a member of the household of the public official; or

(xi)

To the extent provided in subsection (d) of this section, honoraria.

(d)

Acceptance of honorarium prohibited; exceptions.

(1)

Except as provided in subsection (c)(2)(vi) of this section, a public official may not accept an honorarium.

(2)

Except as provided in paragraph (1) of this subsection and subject to subsection (c)(1) of this section, a public official may accept an honorarium if:

(i)

The honorarium is limited to reasonable expenses for the public official's meals, travel, and lodging, and reasonable and verifiable expenses for care of a child or dependent adult, that are actually incurred; or

(ii)

The honorarium consists of gifts described in subsection (c)(2)(ii) through (iv) of this section.

(3)

Other than as allowed by paragraph (2) of this subsection, an honorarium may not be accepted, even if permitted by subsection (c)(1) of this section, if:

(i)

The payor of the honorarium has an interest that may be affected substantially and materially, in a manner distinguishable from the public generally, by the performance or nonperformance of the public official's official duties; and

(ii)

The offering of the honorarium is related in any way to the public official's official position.

(e)

Further exemptions may be defined. By regulation, the Ethics Commission may define further exemptions from this section as may be necessary.

(Bill No. 75-11, § 4, 1-1-2012; Bill No. 44-12, § 2, 7-15-2012)