Gifts Flashcards

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1
Q

GIFTS

What governs?

A

GIFTS

112.3148

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2
Q

GIFTS

Dfn. Reporting Indiv.

A

GIFTS

POs, Anyone appointed to fill, Candidates

Appointed members of most boards.

Constitutional Officers + LG Manager, Attorney, Police Chief, Land Use High level, any PE w/ purch auth $35k.

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3
Q

GIFTS

Dfn. Vendor

A

GIFTS

Doing business w/ agency (renting, leasing, selling any realty, goods or services).

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4
Q

GIFTS

Dfn. Lobbyist

A

GIFTS

Person who, for compensation, seeks, or sought during the preceding 12 months, to influence the governmental decision making.

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5
Q

GIFTS

Can a reporting indiv solicit?

A

GIFTS

Yes UNLESS:

1) Benefits PO or immediate family.
2) Never solicit V/L or PofL.

Ex. charitable

Quirk - PO has a job at a non-profit. Wd solicit benefit him at his job?

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6
Q

GIFTS

Gift is legal if …

A

GIFTS

  1. Paid in 90 days.
  2. Not intended to influence.
  3. Does not influence.
  4. Not given by a PAC or Other or V/L/PofL.
  5. Given by a relative.
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7
Q

GIFTS

When can solicit?

A

GIFTS

If doesn’t benefit PO or immediate family.

Ex. charitable

Quirk - PO has a job at a non-profit. Wd solicit benefit him at his job?

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8
Q

GIFTS

When is a gift not a gift?

A

GIFTS

Pay back w/i 90 days.

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9
Q

GIFTS - PHASE 1

Gift Analysis, Phase 1

GIPR gifts, donor PRoVeS.

A

GIFTS - PHASE 1

GIPR gifts, donor PRoVeS.

  1. is it a Gift, i.e. pd back in 90? Y ends. No, continue.
  2. given to Influence? Y, ends. Cannot accept.
  3. agency Policy allows? Y, ends. Cannot accept.
  4. recvd by Reporting indiv? Y, contin. No, Accept w/o discl
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10
Q

GIFTS - PHASE 2

Gift Analysis, Phase 2

GIPR gifts, donor PRoVeS.

A

GIFTS - PHASE 2

  1. Pac? Y, ends. Cannot accept.
  2. Relative? Y, ends. Can accept.
  3. V/lobb/princ?

NO. Accept any amt. $100+ RIPE rpts

YES. Solicit? Y, ends. Cannot accept.

N: $<25 Acc, no discl; $25-100 Acc, Lob rpts; $100+ No acc.

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11
Q

GIFTS

What are gift reporting value cutoffs for lobbyist gifts versus everyone else [no PAC, no Relative, no Other]?

A

GIFTS

$0-$25 Accept, no report

$25-$100 Accept, Lobbyist reports.

$100+ No accept.

PAC (Never) Relative (Always)

Other (100+ RIPE rpts)

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12
Q

GIFTS

What are gift reporting value cutoffs for non-lobbyist gifts?

A

GIFTS

If not a PAC, not a Relative, and not a Vendor,

i.e., for Everyone Else:

Accept at any value, $100+ RIPE reports.

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13
Q

GIFTS

Who is a “relative” for gifts law?

A

GIFTS

All family mbrs (incl steps & 1/2s, 1st cousin, great grands) +

fiance + cohabitant + someone you plan to make a household +

shares same residential address

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14
Q

GIFTS

How value lodging?

A

GIFTS

$44/nite

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15
Q

GIFTS

How value event?

A

GIFTS

Cost to produce ÷ # Attendees

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16
Q

GIFTS

How value transportation?

A

GIFTS

Round trip = 1 gift.

17
Q

GIFTS

Skybox tix, CEO 95-36 + 96-02

A

GIFTS

Charitable event, CEO 16-10 Gifts, CEO 19-17

18
Q

GIFTS

What is a PE’s purchasing threshold requiring reporting (& Gifts)?

A

GIFTS

$35k. Gifts Law applies to all POs, PEs + Reporting Indivs.

19
Q

GIFTS

Gift Analysis, Phase 3

A

GIPRs give, donors PROVe

PAC - no accept

Relative - opposite of PAC. Acc all, No report.

Other - Acc + RIPE reports OVER $100

Vend/Lobb/Prnc of Lobb -

YES- (a) Solicit - no accept. (b) No Solicit -

$0-25 acc, no rpt, $25-$100 acc, VLP rpts, $100+ No acc

20
Q

Gift flow chart

A
21
Q
A
22
Q

GIFTS

What are gift reporting value cutoffs for PAC gifts?

A

GIFTS

Zero.

Don’t you do it!!! Never acc PAC.