Wichita City Council introduced an ethics proposal to establish gift restrictions for elected and appointed city officials.

Proposal 2021-01-26 would cap the value of gifts Wichita’s mayor and City Council members may receive from people doing or planning to do business with the city at $150 a year and require disclosure of gifts worth $50 or more.

The proposal would also establish a whistleblower hotline with protections for those who want to report a violation, and an ethics advisory board to be appointed by the mayor and council to handle complaints against the mayor, council members or any members of city boards or commissions.

Penalties for violations of the proposed code of ethics would result in a fine between $100 and $1,000 for each violation.

Council members will hold a workshop on the ordinance April 27 and vote on the proposal in May.

Reviving his concern from last year’s legislative session, Sen. Ernie Chambers introduced a bill to prevent lawmakers from accepting meals from lobbyists in the Capitol. Legislative Bill 445 is similar to a proposal Sen. Chambers sponsored last year, but it never made it to a vote. The bill specifically aims to prohibit meals served to lawmakers at the end of the session, when last minute decisions are made.

Lobbyists typically pool their money and provide large, buffet-style meals for legislators as they work into the night. Sen. Chambers said he is concerned the meals create the appearance improper influence.

Arlington County Board member John Vihstadt is calling for tougher gift restrictions for county employees and officials. In the wake of former Virginia governor Bob McDonnell and his wife being convicted on corruption charges, Vihstadt hopes to place a $100 yearly limit on gifts from any source.

The current Code of Ethics states officials should ensure gifts are not received in exchange for official acts and officials may not accept gifts from individuals with whom the official does business. Vihstadt, running for reelection, argues the current code only described principles of conduct rather than definite rules preventing unethical influence on public officials.

The Ohio Joint Legislative Ethics Committee recently issued an advisory opinion clarifying certain gift reporting requirements for members, candidates, and employees of the General Assembly. The opinion also applies to reports filed by any legislative agent providing a gift to a reportable person.

Advisory Opinion 2014-003 speaks to the value of a complimentary ticket to a charitable fundraiser where the source of the ticket is a third party. When provided by a third party, a complimentary ticket to a non-political fundraiser is a gift, the value of which is the portion of the ticket price that is not tax-deductible.

Furthermore, such portion accrues toward any applicable gift limit. Conversely, a ticket to a charitable fundraiser where the source is the entity holding the event is not considered a gift.

Philadelphia passed ethics legislation providing a dollar limit on gifts during its March 20 meeting. The legislation prohibits all city officers and employees from receiving gifts worth more than $99 in a calendar year from any donor, and bans all cash gifts.

A number of exceptions are provided, including food and beverage at meetings and non-ticketed receptions.

The bill is expected to be signed by Mayor Nutter. Board of Ethics Executive Director Shane Creamer said the Board will begin working on new gift regulations once the bill is signed.

The Office of Government Ethics (O.G.E.) has issued proposed lobbyist gift ban rules, which would apply to all executive branch employees.

Most of the proposed rules deal with limiting, for lobbyists, the exceptions of the ban on gifts. For example, executive branch employees would not be permitted to accept invitations extended by lobbyists for free attendance at widely attended gatherings that would normally fall under the gift ban exception. Non-profit professional associations, scientific organizations, and learned societies, which are also sometimes registered lobbyists, would still be afforded the exception. The O.G.E. based much of its reasoning on the notion “the cultivation of familiarity and access that a lobbyist [gains]” may be used in the future by lobbyists to obtain more sympathetic hearings for clients.

Another change would preclude lobbyists from the gift ban exception of social invitations, such as invitations to cocktail parties and movie screenings, if the invitations were extended because of the employee’s official position, even if the lobbyist is not a prohibited source. The O.G.E. argues in its proposal that “the lobbyist could use social events as a way to build general good will with a class of employees in case access is needed for a future issue or client.”

The proposed rules arise because an earlier Presidential Executive Order regarding gifts to non-career political appointees, which had called for the O.G.E. “to apply the lobbyist gift ban set forth [in the order] to all executive branch employees.” Written comments about the rule must be received by the O.G.E. before November 14, 2011

The New York Commission on Public Integrity has published Notices of Proposed Rulemaking in the New York State Register to add Title 19 NYCRR Parts 933 and 934. Part 933 governs gift restrictions for state officers and employees, while part 934 governs lobbyists and their clients.

A period for comment is available until September 25, 2010. Those wishing to submit comments may e-mail them to kburgess@nyintegrity.org. Further, those wishing to view the proposed rules can find them at www.nyintegrity.org/law/regulations.html.