This week’s Ethics Tip preps you to have a great time tomorrow on Cinco de Mayo. Since everyone seems to embrace any sort of holiday around here (You’re probably not REALLY Irish, right? But you went to a pub on St. Patrick’s Day, didn’t you?) we’ve put together a short tipsheet on buying drinks for your favorite Congressional staffers at the bar this Cinco de Mayo.
Remember the gift rule: no lobbyist may offer any thing of value to a member of Congress or Congressional staffer. But there is an exception for food and drink of nominal value. The guidance is a little complicated, so stick with us here:
When can an item of food and drink of nominal value be offered by a lobbyist to a Member/staffer?
The recent interpretations by the House and Senate ethics committees would suggest some possible rules of thumb:
Drinks at the Bar – A Guide
| Food / Beverages Offered | Setting and Circumstances | Senate Standard is food items from lobbyists and others valued at $10 or less and offered at an organized event, media interview or other appearance where such food items are normally offered to others | House Standard is “group or social setting” |
| Pitcher of beer at the bar | Spontaneous, accidental; no invitations, not a planned event | Probably, because it is drinks only, no food | Yes, offered in a group, social setting |
| Pitcher of beer at the bar | Emailed invitations to specific people: “Meet at Tortilla Coast 5 to 7 on Thursday” | Yes, because it is an “organized event” | Yes, offered in a group, social setting |
| Bottle of wine at the bar | Offered to anyone who wants a glass | Probably, but only if no food and only if wine is of nominal value | Yes, offered in a group, social setting and only if the wine is of nominal value |
| Bottle of wine at the bar | Organized wine tasting, invitations sent to specific people | Yes, provided the wine is of nominal value, because there is no food and it is an organized social event | Yes, provided the wine is of nominal value |
| Margaritas and nachos | Lobbyist pays check for everyone in the bar on Cinco de Mayo night | Probably, but only if the nachos offered do not exceed $10 value | Yes, offered in a group, social setting and nachos are light appetizers, not part of a meal |
| Margaritas and nachos | Cinco de Mayo gathering organized by a certain group, lobbyist pays a share of the costs | Yes, an organized social event akin to a reception, nachos are light appetizers, not part of a meal | Yes, offered in a group, social setting, also organized event akin to a reception and nachos are light appetizers, not part of a meal |
This information is covered in much more detail at Lobbyists.info’s Compliance Center, and in our Lobbying Compliance Handbook. Check it out!
