Tuesday Ethics Tip: Love in the Age of HLOGA Edition

So, Mr. (or Ms.) Lobbyist – have your eye on that cute legislative assistant over at the Senate or staff general counsel (hottie on the House side), but concerned that taking him or her out might violate the ethics rules? We aim to be your one-stop-shop on dating advice… or at least dating ethics advice.
According to the Lobbying Compliance Handbook,  for lobbyists, “There is no general exception in the [gift and travel] rules for ‘dates.’ The rules and the exceptions must be applied to the stages of dating:”
  • Getting acquainted dates
  • Personal friends
  • Significant others
  • Fiancé or fiancée
  • Married
There are exceptions under the gift rules that allow for gifts and entertaining for the advanced stages of dating. But for first dates, blind dates and the beginning stages of any dating relationship, the rule is simply Dutch treat, period.

Dating Etiquette under HLOGA

Stages of Dating

House

Senate

First dates, blind dates, initial stages of dating

Dutch treat

Dutch treat

Personal friends

  • Evidence of reciprocal gift-giving
  • No reimbursement
  • Not related to official duties or actions
  • Evidence of reciprocal gift-giving
  • No reimbursement
  • Not related to official duties or actions

Significant Others

Personal friendship rule applies; no specific exception

Senate Ethics Committee has granted a waiver which generally permits a Member / staffer to accept gifts from an individual with whom s/he enjoys a significant, personal, dating relationship.

Fiancé or fiancée

Considered a gift from a relative and exempt but a letter to House Ethics upon receipt of an engagement ring valued at $250 or more is required to avoid disclosure of the ring as a gift

Considered a gift from a relative and exempt but a letter to Senate Ethics upon receipt of an engagement ring valued at $250 or more is required to avoid disclosure of the ring as a gift

Married

Gifts from spouses are exempt

Gifts from spouses are exempt

While the Senate has recognized and codified the permissibility of gifts from significant others short of a formal engagement, the House has not done likewise. Essentially, the personal friendship exception will apply in both instances, but it is important to note that there are always factors that must be present in order for either exception to apply.
You may ask, “at what point does the ‘personal friendship’ exception kick-in between people who are dating?”

And the answer is…who knows? Just be prepared to answer that question under penalty of perjury if anyone with a badge ever asks. So now, it’s not enough that your significant other wants you to define the relationship. The ethics office does too.
Again, the determining factor of whether or not a gift is permissible is not the venue or the event, it is the food.

Tags:

Comments are closed.