RULES AND REGULATIONS FOR PUBLIC OFFICIALS REGARDING MEALS

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I®A® BEST BEST & "IEGER ATTORNEYS AT LAW of a gift or gifts with an aggregate value over the gift limit or more provided to, received by, or promised to the official within the 12 months prior to the date the decision is made.- Example: Developer Smith takes County Supervisor Jones to dinner at a cost of $200 in December of 2013. In February 2014, Developer Smith takes Jones to a hockey game and pays for his admission and all his food at a total cost of $250. Jones is within the $440 legal limits of gifts received from a individual donor in each calendar year. In July, 2014 Developer Jones has a project before the County Board of Supervisors. Can Jones participate and vote? NO. He has received a total of $450 within a 12 month period prior to when the Board decision is made. Supervisor Jones cannot influence, participate or vote on the development project. He must disclose his conflict and disqualify himself. C. Most Common Food Gift Exceptions Food received under the following circumstances are not gifts and should not be reported: • Meals From Family Members. (Reg. 18942 (a)(3).) • Meals Exchanged For Birthdays, Holidays Or Other Occasions. (Reg. 18942 (a)(8)(A).) • Reciprocal Exchanges: The FPPC recently expanded reciprocal exchanges of a similar value from just birthday and holiday gifts to now include other social activities. Reciprocal exchanges now cover lunches, movies, or similar social engagements between a public official and a friend (so long as the friend is not a lobbyist) that occur on an ongoing basis where each person takes turns paying. (Reg. 18942 (a)(8)(B).) o Best Practice: Each official should keep track of the meals being provided by a friend so that if ever challenged the official can demonstrate a record of reciprocity. The burden will be on the official to demonstrate that the exchanges have been reasonably the same. e (§§ 87100 and 87103(e); Regs. 18700 and 18703.4.) -6- 09879.00000A8634133.4