Posts Tagged ‘Gifts to members’

Tuesday Ethics Tip: The Commemorative Hat Edition

Tuesday, April 19th, 2011 by Vbhotla

It’s a great time of year: the NBA and NHL are both officially in playoff season!  And while Washington basketball aficionados may have little to cheer for (let’s be honest, Wizards fans are used to it), Caps fans can revel in the fact that despite the game one loss, the 2nd Seed Capitals may have a legitimate chance at the Stanley Cup (assuming they can get it together and make it out of the first round).

Previous Lobby Blog posts have portrayed certain members of Congress as big sports fans.  But if you’re hoping to cozy up to hockey fans Sen. John Kerry (D-Mass.),  Reps. Anthony Weiner (D-N.Y.), Mike Quigley (D-Ill.)—who is often touted the biggest hockey fan in Congress, Brian Higgins (D-N.Y.), Larry Bucshon (R-Ind.), Pat Meehan (D-Penn.), or basketball guys House Minority Whip Steny Hoyer (D-Md.), and Reps. Andre Carson (D-Ind.), Joseph Crowley (D-N.Y.), Bruce Braley (D-Iowa) and Joe Courtney (D-Conn.), you may want to re-visit the gift rules.

Except Braley, each of these Congressmen has a home state team in either the NBA Playoffs, the NHL Playoffs, or both (while Maryland doesn’t have a hockey team, the Caps’ broadcast ratings in Maryland, and the number of Maryland fans is high for the neighboring district team, so we’ll let Hoyer slide by claiming Caps fan constituency).

It is okay to give the following gifts to any of these Congressmen (or others) without fear of reproach:

  • A baseball cap with the logo of the Congressman’s favorite team – a baseball cap is considered of nominal value, and is therefore an acceptable gift.  T-shirts are also acceptable, even if the actual value of the t-shirt or baseball cap exceeds $10, these items are considered “gifts under $10.”
  • “2011 Championship season” commemorative team books – books, publications, and software are permitted as long as they are sent to the Member’s office, do not require specialized reporting service, and are not sent for the Member’s unrestricted use.   The Member should display the book in the office.   These are not permissible under the home state exemption, unless the books are produced within the Member’s state (not likely).

Obviously, if there is a history of personal friendship around being lifelong Chicago Bulls fans, gifts are unrestricted under the personal friendship exemption, as long as the cost of the gift is not reimbursed by the employer.

We would steer clear of giving tickets to any games to Members or spouses, unless the personal friendship or Relative exemptions apply.

Compliance Q and A: Gifts to Members of Congress

Monday, October 18th, 2010 by Vbhotla

Q: What is the difference between a gift and an award, as given to a member of Congress?

A:  Under one of the statuatory exceptions to the gift rule, you are allowed to give as a gift a “commemorative” item that has minimal artistic or intrinsic value. So, for instance, you could give a plaque that says “Association X thanks Congressman Y for his 20 years of Service.”

You could not, however, give a valuable sculpture with the same inscription.  The difference is that the first item – the plaque – has no artistic or intrinsic value on its own, but that the second item – the sculpture – has value on its own merit. In addition, if you give a gift that exceeds $305 in value, it has to go on the member’s financial disclosure form.

Commemorative Items

  • Presented to Member/staffer in person
  • Substantially commemorative in nature: plaque or trophy, engraved with Member’s/staffer’s name
  • No significant utilitarian or artistic value (framed photo, print, figurine, clock, etc.)
  • Senate: Disclosed on personal financial disclosure report if valued at more than $250

The House Committee on Standards and Official Conduct also has a short booklet with a summarization of rules on their website.

Remember, the overall rule is: you may not offer anything of value to a member of Congress or staffer, unless it fits under one of the exceptions.

Today’s post is summarized from the Lobbying Compliance Handbook, now with a brand-new chapter on Campaign Finance for the Lobbyist!

Questions for Compliance Q&A? Send them to web@columbiabooks.com.