RULES AND REGULATIONS FOR PUBLIC OFFICIALS REGARDING MEALS

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1111K BEST BEST & KRIEGER ATTORNEYS AT LAW Cons ultantsNendors: • Social Or Business Relationships: Generally, meals from consultants and vendors will be considered reportable gifts each calendar year. However, if meals are exchanged on a reciprocal basis between the vendor and public official with an on -going social or personal business relationship they may qualify for a gift exception. The relationship must be unrelated to the official's position and the burden would be on each official to track the meal exchanges each calendar year and demonstrate, if challenged, the reciprocity of the payments and the personal nature of the relationship. The value of meals may not be "substantially disproportionate." • Best Practice: Because of the perception of impropriety (undue influence) by the public, other consultants and vendors, public agencies should develop policies that limit receiving any personal gifts from vendors and consultants who do on -going business with the agency and also have social relationships with the agency's public officials and staff. D. Agency -Provided Meals • Agency Funds: Each agency may use its own agency funds to provide meals for officials that is more than a "nominal" value so long as the payment is considered a lawful expenditure of public funds. Otherwise, the payment may be considered at best a gift, or at worst, an unlawful expenditure of public funds. Best practice is to have an agency policy that specifies the public purpose for an official's travel, meals and other expenses as lawful expenditures of public funds. • Reimbursements: Each agency must comply with its written reimbursement policy adopted in accordance with AB 1234.1 Per Diem Rule: An agency is permitted to exceed its per diem meal expenditure limits when an official or staff member is at a widely attended meeting or conference, and the value is substantially equivalent to what is made available to other attendees. If so, the excess is not considered a gift to the person attending. An agency would, of course, need to follow its own procedures to approve travel per diem meal expenditures that exceed its local dollar limits. 1° Gov. Code § 53232.2 lays out the reimbursement requirements. BB&K has certified attorney trainers who can provide AB 1234 ethics training for all Form 700 filers. - 8- 09879, 000 00\8634133.4