N.Y. Comp. Codes R. & Regs. tit. 19 § 933.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 933.4 - Exclusions

(a) The following are not gifts:

(1) Anything for which a covered person has paid fair market value.

(2) Anything for which the State has paid or secured by State contract.

(3) Rewards or prizes given to competitors in contests or events (including random drawings) offered to the general public or a segment of the general public defined on a basis other than status as a covered person.

(4) Contributions reportable under article 14 of the Election Law, including contributions made in violation of that article of the Election Law.

(5) Food or beverage valued at $15 or less per occasion.

(6) Complimentary attendance (including food and beverage) at a bona fide charitable event or a bona fide political event.

(7) Complimentary attendance (including food and beverage) offered by the sponsor of a widely attended event.

(i)Widely attended event shall mean an event:

(a) which at least 25 individuals other than members, officers, or employees from the governmental entity in which the covered person serves attend or were, in good faith, invited to attend in person; and

(b) which is related to the attendee's duties or responsibilities or allows the covered person to perform a ceremonial function appropriate to his or her position. For the purposes of this exclusion, a covered person's duties or responsibilities shall include but not be limited to:

(1) for elected covered persons (or their staff attending with or on behalf of such elected officials) only, attending an event or a meeting at which more than one-half of the attendees, or persons invited in good faith to attend in person, are residents of the county, district, or jurisdiction from which the elected covered person was elected; or

(2) for all covered persons, attending an event or a meeting at which a speaker or attendee addresses an issue of public interest or concern as a significant activity at such event or meeting.

(i) For the purposes of this clause, complimentary attendance does not include registration or admission without charge to any entertainment, recreational, or sporting activity unless the presentation addressing the public interest or concern that is made by the speaker or attendee is delivered at such entertainment, recreational, or sporting activity.

(ii) For the purposes of this clause, complimentary attendance does not include food and beverage unless such food or beverage are available to all participants as part of the widely attended event.

(ii) Prior written notification required for State officers or employees. A State officer or employee shall, prior to the widely attended event, notify in writing the head of his or her State agency (or such person's appropriate designee for the State officer or employee involved) of the State officer's or employee's intention to accept an invitation for complimentary attendance from the sponsor of a widely attended event. The written notification shall contain pertinent details demonstrating that the criteria for a widely attended event, contained in subparagraph (i) of this paragraph, are satisfied.

(8) Awards, plaques, and other ceremonial items. Awards, plaques, and other ceremonial items must be publicly presented, or intended to be publicly presented, and in recognition of service related to a covered person's official duties and responsibilities. Additionally, such awards, plaques, and other ceremonial items must be of the type customarily bestowed at similar ceremonies and be otherwise reasonable under the circumstances.

(9) Honorary degrees bestowed upon a covered person by a public or private college or university.

(10) Promotional items. Items having no substantial resale value such as pens, mugs, calendars, hats, and t-shirts which bear an entity's name, logo, or message in a manner which promotes the entity's cause.

(11) Goods and services and discounts for goods and services:

(i) Goods and services, or discounts for goods and services, 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 and offered on the same terms and conditions as the goods and services are offered to the general public or segment thereof.

(ii) Notwithstanding subparagraph (i) of this paragraph, discounts made available to all covered persons fall within this exclusion.

(iii) Notwithstanding subparagraph (i) of this paragraph, discounts made to a select group of covered persons may fall within this exclusion. The following non-exhaustive list of factors shall be considered when any discount is made available to a select group of covered persons to determine whether the discount would fall within this exclusion:

(a) the scope of the class of covered persons who are offered the discount;

(b) the amount and duration of the discount;

(c) whether the criterion for the offer is based on factors other than the covered person's official duties and responsibilities; and

(d) for State officers and employees, whether the offeror is an interested source.

(12) Gifts from friends or family members:

(i) Gifts from a family member or a person with a personal relationship with a covered person when it is reasonable to infer that the gift was primarily motivated by the family or personal relationship. Personal gifts may include an invitation to attend a personal or family social event.

(ii) In determining whether the gift was primarily motivated by a family or personal relationship, the factors to be considered include but are not limited to:

(a) the history and nature of the relationship between the individual offering the gift and the recipient, including whether items have previously been exchanged;

(b) whether the item was purchased by the individual offering the gift; and

(c) whether the individual offering the gift at the same time gave similar items to other covered persons.

(iii) The gift shall not be considered to be motivated by a family or personal relationship if the individual or entity seeks to charge or deduct the value of such item as a business expense or seeks reimbursement from a client.

(13) Reimbursement of expenses for speakers at informational events. Travel reimbursement or payment for transportation, meals, and accommodations for an attendee, panelist, or speaker at an informational event when such reimbursement or payment is made by a governmental entity or by an in-state accredited public or private institution of higher education that hosts the event on its campus, provided, however, that the covered person may only accept lodging from an institution of higher education:

(i) at a location on or within close proximity to the host campus; and

(ii) for the night preceding and the nights of the days on which the attendee, panelist, or speaker actually attends the informational event.

(14) Provision of local transportation to inspect facilities:

(i) Provision of local transportation to inspect or tour facilities, operations, or property located in New York State, when such inspection or tour is related to the covered person's official duties or responsibilities.

(ii) The payment or reimbursement for expenses for lodging or travel expenses to and from the locality where such facilities, operations, or property are located is not covered by this exclusion. The acceptance of such payment or reimbursement is governed by Part 931 of this Title.

(15) Meals for participants at a professional or educational program. Receipt of food and beverages when participating in a professional program or educational program as a part of a covered person's official duties, provided the food or beverages are available to all participants.

(b) With respect to the solicitation, acceptance, or receipt of items and services identified in paragraphs (a)(5)-(15) of this section, nothing in this Part shall be construed as relieving a covered person's obligations under Public Officers Law section 74 with respect to such items or services.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 933.4

Adopted, New York State Register, Volume XXXVI, Issue 24, effective 6/18/2014