Under Title 19, NYCRR, Part 933, Gift Regulations for Public Officers, employees are prohibited from soliciting or accepting gifts of more than nominal value when it may be reasonably inferred that the gift:
Awards or plaques in recognition of public service;
Honorary degrees;
Promotional items with no resale value;
Discounts available to the general public, e.g., wireless providers offer discounts to all government employees;
Gifts from family members and personal relationships where it is clear that the relationship is not being used as a pretext to give an otherwise impermissible gift;
Contributions to political campaigns;
Meals and beverages provided to participants at professional and educational programs;
Local travel payments for tours related to one’s official activity;
Food or beverage valued at $15 or less per event; and,
Complimentary attendance at certain events, including food and beverage, at a bona fide charitable or political event (defined below):
Bona Fide Charitable Event: The event’s primary purpose must be to provide financial support to an organization that is either registered as a charity with the Office of the Attorney General (unless exempt) or qualified under section 501(c)(3) of the Internal Revenue Code
Bona Fide Political Event: The event’s primary purpose must be to provide financial support to a political organization or a candidate for statewide office
Purchase College employees must adopt an attitude and mode of operation that is above criticism and avoid any type of conduct that would give any suggestion of a conflict of interest. The value of a gift is the retail cost to purchase it; the value of a ticket entitling you to food, refreshments, entertainment, etc. is the face value of the ticket; if no value is indicated, the value is the actual cost to the giver. The offer of reciprocity, or even actual reciprocity, does not reduce the value of a gift given to you. You may not designate a friend, family member, or entity (for example, a charity) to receive a gift that you cannot receive.
The underlying principle is the same for multiple gifts, even of nominal value, from a single source given over a 12-month period. Employees “must strive to avoid creating any appearance that would suggest that they are being improperly influenced in discharging their public responsibilities by refusing multiple nominal gifts from the same donor.”
New York State Commission on Ethics and Lobbying in Government defines “nominal value” as a fair market value of more than $15. According to New York State Commission on Ethics and Lobbying in Government, a gift includes “money, service, loan, travel, lodging, meals, refreshments, entertainment, forbearance, or a promise having a monetary value.”
Acceptance of these items is not subject to the gift analysis required under Public Officers Law §73. However, acceptance is subject to an analysis under Public Officers Law §74. The full text of Public Officers Law §73 and §74 is available on the New York State Joint Commission on Public Ethics site.
Anything for which a covered person has paid fair market value
Anything for which the state has paid or secured by state contract
Gifts from friends or family members
Contributions reportable under Article 14 of the Election Law
Awards, plaques, and other ceremonial items
Honorary degrees
Provision of local transportation to inspect facilities in New York State
Meals for participants at a professional or educational program
Food or beverage valued at $15 or less per occasion
Promotional items that have no substantial resale value and bear an entity’s name, logo, or message. (Examples: pens, mugs, calendars, hats, and t-shirts)
Reimbursement of expenses for speakers at informational events. This applies only when a governmental entity or an in-state accredited institution of higher learning is paying the expenses or reimbursing the covered person.
Complimentary attendance, including food and beverage, at a bona fide charitable or political event (defined below):
Bona Fide Charitable Event: The event’s primary purpose must be to provide financial support to an organization that is either registered as a charity with the Office of the Attorney General (unless exempt) or qualified under section 501(c)(3) of the Internal Revenue Code
Bona Fide Political Event: The event’s primary purpose must be to provide financial support to a political organization or a candidate for statewide office
Goods and services and discounts for goods and services. The goods and services, or the discounts, must be offered to: (i) the general public or a segment of the general public that is not based on status as a covered person; or (ii) all covered persons; or (iii) a select group of covered persons under certain circumstances.
Rewards or prizes given to competitors in contests or events (including random drawings). The reward or prize must be offered to the general public or a segment of the general public defined on a basis other than status as a covered person.
Complimentary attendance, including food and beverage, of a widely attended event (four requirements):
Complimentary admission must be offered by the sponsor of the event; and,
25 individuals who are not from your agency attend or are in good faith invited to attend; and,
(a) The event is related to your official duties or responsibilities or allows you to perform a ceremonial function appropriate to your position; or, (b) a speaker or attendee at the event addresses an issue of public interest or concern; and,
You inform your Ethics Officer in writing of the Widely Attended Event before the event takes place.
