Posts Tagged ‘gift rules’

Superbowl Sunday Compliance

Thursday, February 3rd, 2011 by Vbhotla

America’s Big Game happens Sunday, and some (including Sports Illustrated’s Peter King) speculate this could be the last we see for a year or so.

Lavish SuperBowl  parties are going to be in full force across the nation.  Many will flock to Dallas to see how they may get in on the action.  People will lose their minds and forget all of the rules.  However, lobbying watchdogs will not forget. And here at LobbyBlog, neither will we.  So, to keep you in compliance this Superbowl weekend, here are some things to remember:

  • You may NOT buy any staffer/member/executive branch appointee a ticket to the SuperBowl.  With tickets quickly approaching $5,000 each, unless the member/staffer/appointee pays for his/her own ticket, this amount far surpasses the acceptable gift limit for 100 (gifts (over 50 years!)!  (Remember, the rule is $50 per occurrence, $100 total per year for gifts, but NO GIFTS FROM LOBBYISTS.)

–> This does not mean it is okay to invite the staffer to pay $25 for a standing-room-only ticket, and grant him                  full access to your company’s corporate suite, like the Redskins attempted to do a few years back.  It is a bad idea.  Don’t try it.  The fallout will be highly publicized and you WILL go to jail.  (Think no one will know? So  did Abramoff.)

–> Although exceptions do exist, it is advisable that perhaps a $5,000 SuperBowl ticket is not a good time to try out the personal friendship exemption.  However, feel free to take your staffer/member/appointee staff spouse to Cowboys stadium (or surrounding bars/parking lots) Sunday.  HLOGA implicitly states that gifts from spouses are exempt.

  • The personal friendship exemption is, however, permissible if you are inviting a staffer/member/appointee to your Big Game party, assuming there’s a legitimate history of personal friendship.  If there is no such history, personal hospitality alone will not cut it.  Make the party potluck, and have your covered guest bring a dish.  If it’s the member’s party, costs must come out of his/her personal bank account, not a campaign fund or expense account.
  • Meeting at a bar to watch the main event?  Go ahead and spring for the pitcher of beer at halftime, whether there are covered officials present or not.  Nachos? Margaritas? Go for it, provided they’re of minimal value and offered in a social setting to everyone in the vicinity.  (BBQ chicken nachos with sour cream and refried beans are teetering awfully close to the official definition of a meal, however, so you may want to stick with ordinary cheese-and-jalapenos chips.)  You may NOT invite only the member/staffer/appointee to the bar and pick up ONLY his/her tab.  Unless of course the personal friendship, dating (more than casual), or marriage exemptions qualify as a personal relationship.

Tuesday Ethics Tip: Holiday Party Edition

Tuesday, December 21st, 2010 by Vbhotla

This time of year, everyone is throwing parties and receptions to commemorate the holiday season.  And, especially in Washington circles where everyone seems to know everyone else, it may be tempting to invite members of Congress or staffers to these functions.  As innocent as this may be (not everyone is inviting Hillers with hopes to gain favor, some are just being nice), there are still several things to look out for when planning the functions.

  • Follow the “toothpick rule” when planning the menu.  If it can’t fit on a toothpick, it may be consider a meal, and therefore members and their staff are unable to eat.  The good-intentioned gesture that was the invitation turns sour when invited guests are unable to eat.
  • The entertainment should be of a minimal nature.  A jazz trio, harpist, etc are acceptable.  A headliner concert….probably not.
  • Valet, coat check, party favors and gift bags can be accepted by a member or staffer only if the value of the items does not exceed $10.

It is important to note that a holiday reception would not fall under the “widely attended event” exception to the gift rules relative to meals.  A widely attended event must be related to the staffer’s official duties.  A good way to make sure you’re in the clear is to indicate that “light hors d’oeuvres and cocktails” will be provided on the invitation.  Just be sure to make sure the event is not transformed into a lavish party, which could get both you and the member/staffer in trouble.

Turkey Day Tips: A Travel Ethics Crash-Course

Wednesday, November 24th, 2010 by Vbhotla

Today is the most traveled day of the year.  Traffic will be a nightmare, airline waits will be treacherous (especially considering the proposed boycott of airport security scanners), and everyone may be a little more uptight.  It may seem like the time to cut corners wherever possible to save time and expense, but beware of the following travel pitfalls, or you could find yourself gobbling for mercy:

  • If you’re a lobbyist and your new staffer girlfriend is coming home to meet the parents for the first time, you can NOT pay for her ticket.  If you’ve been dating awhile or are engaged, there is a “personal friend” or “significant other” (Senate only) exemption.  You will still need to get pre-approval from ethics committee if the trip will cost over $250.  The pre-approval is confidential, but very essential.
  • The new girlfriend can, however, partake in the Thanksgiving feast — as long as you have a relatively large family — because the holiday meal is a widely-attended event.
  • Make sure that any gift you give her while gone is filed on the LD-203!  (Unless of course you get engaged over the holiday, in which case fiancees are permitted to give gifts without disclosure.)
  • If using the personal friendship exemption for anything, you must be able to prove a history of gift exchange between you, not give any gifts related to any official duties, not submit any expenses for reimbursement by your employer, not count the gifts as an exemption.