Laserfiche WebLink
I®]® <br />BEST BEST & KRIEGER <br />ATTORNEYS AT LAW <br />The rules are constantly changing and under on -going review by the Fair Political <br />Practices Commission ("FPPC"). Often these regulations are perceived by officials as <br />much more complicated than needed. What complicates any related gift analysis <br />involving meals are all the different factors that must be considered including but not <br />limited to the type of donor, the value of the gift, whether any agency business was <br />performed, connection with agency -approved travel, its connection with speeches <br />and/or presentations, conferences, trainings, and the nature of the event: invitation -only, <br />charity, or political fundraising. <br />Is the "No Cost" Meal From a Donors a Reportable Gift? <br />Eight Questions Every Public Official Needs to Consider: <br />1. Did the official receive a discounted or free meal related to his/her <br />position as a public official for which he or she did not provide fair <br />and reasonable consideration? <br />• Unless an exception applies, this meal is a gift because the official <br />received a personal benefit for which nothing of equal or greater value <br />was provided to the donor. (§ 82028; Reg. 18946.) <br />2. Is the donor a reportable source? <br />• Not every disclosure category in an agency's Conflict of Interest Code <br />requires the disclosure of income (i.e. gifts/meals) from all parties. <br />• Not every donor is reportable because he or she may not do business <br />in the agency's jurisdiction or may not be reportable under every <br />official's assigned disclosure category. <br />3. Who is paying the bill? <br />• Public officials are limited to seeking reimbursement pursuant to the <br />agency's expense and reimbursement policy. Special districts as <br />defined in Government Code section 56036 must annually disclose all <br />reimbursements of $100 or more.6 <br />• Costs paid in advance are not subject to the same rules for <br />reimbursements. <br />5 For purposes of this memo a donor is considered a third party, charity, or different governmental agency <br />and a gift involving meals includes payment for meals during travel by the official. <br />s Gov. Code § 53065.5, <br />_2- <br />09879.00000\8634133.4 <br />