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As holidays beckon, California officials tackle gift-reporting rules

Published: Thursday, Nov. 24, 2011 - 12:00 am | Page 3A
Last Modified: Sunday, Nov. 27, 2011 - 3:18 pm

The gift-giving season is always tricky for California legislators and other public officials, who must disclose the goodies they get to comply with the state's Political Reform Act.

Now the state Fair Political Practices Commission is trying to rewrite the rules.

The revised regulations, which could receive final approval in coming weeks, include changes sparked by real-life situations that commission staff say have created cumbersome, confusing or unnecessary reporting requirements.

"The objective," staff wrote in a memo, "is to fix what's broke without breaking what's fixed."

Still, some of the proposed exceptions in the rules have been criticized by good-government advocates who say it's better to err on the side of disclosure.

Here are a few of the situations the commission is tackling:

DATING RELATIONSHIPS

A legislator and a lobbyist go on a date. Should the lawmaker have to report the dinner tab if the lobbyist paid? What about the cost of a weekend getaway or anniversary gift exchanged in an ongoing relationship?

Rule: While gifts from spouses and other family members are already exempt from disclosure rules, situations involving boyfriends and girlfriends are not addressed. Staff has considered situations on a case-by-case basis, ultimately deeming the "gift" exempt in most cases.

Proposal: Gifts exchanged in a "dating relationship," even a first and only date, would not count toward limits or require disclosure. But if the annual gifts exchanged exceed more than $420 in value, the official must recuse him or herself from actions on the job that would benefit his or her significant other.

FLYING FREE

A state constitutional officer accepts a lift on a chartered jet to travel from Sacramento to Washington, D.C., for a series of meetings.

Rule: The value of the gift to be reported could be considered the entire cost of chartering the flight if the recipient is the only "official" on board.

Proposal: The value of the flight would be either the cost of the charter divided by the number of people on board (as opposed to the number of lawmakers or other officials) or the price of a first-class ticket for a comparable trip. While some types of travel, such as trips to give a speech and those paid for by nonprofits, are not subject to gift limits, the official would have to pay the difference for flights in other cases worth more than $420.

WEDDING BELLS

A lobbyist invites a legislator to his or her wedding, but the value of the wedding cake and a glass of champagne for the toast alone exceeds the $10 limit for gifts the legislator can accept from the newlywed. Can the legislator attend the wedding reception and accept the food served?

Rule: Technically, the lawmaker would not be able to accept any food at the reception.

Proposal: Legislators and staff could attend weddings as a guest without reporting food, drink or other costs associated with the event. "Staff believes that guests are invited to weddings for reasons other than to be influenced," a staff memo on the change reads.

GOLF BUDDIES

A legislator's chief of staff is invited by an old college buddy to play a round of golf at the friend's exclusive country club. The friend pays for the greens fees and the cart rental. Should the chief of staff report the gift?

Rule: The cost of the round of golf would need to be reported. It would count toward the $420 cap for gifts from an individual source.

Proposal: A "best friends forever" exemption would apply the same rules for gifts exchanged in the course of dating to those received as a part of "longtime friendships." A friend who is a lobbyist registered to lobby the recipient's office or who has business in front of the recipient's agency, such as a contract, wouldn't qualify for the exemption.

HOME HOSPITALITY

A lobbyist rents a cabin at Lake Tahoe every Thanksgiving, inviting most years a former colleague from a previous job and her family to join him for the holiday. The lobbyist prepares a feast of turkey, stuffing and all the fixings and opens a few bottles of fine wine he bought for the occasion. The former co-worker was recently appointed to a post in the governor's administration. Do the costs associated with the holiday visit, including the food and wine, need to be reported as gifts?

Rule: Lobbyists and others entertaining officials at home fall under "home hospitality" rules, exempting food, drink and other costs incurred at a dinner party or other event at their house. The rules apply only to entertaining at a property (including vacation homes and boats) owned by the host.

Proposal: The definition of home hospitality – and the exemptions – would expand to include entertaining at rented properties or boats and timeshares. The proposed new rule also seeks to limit the exemption to situations in which the official and the host have "a relationship, connection, or association unrelated to the official's position." In order to qualify for the exemption and avoid gift disclosure rules, the entertaining must be connected to the personal, nonwork relationship.

RECIPROCAL GIFTS

A city councilwoman and a local business leader share a love of cinema. They have standing plans to go see a new flick at the local movie theater each month. They take turns paying for tickets and popcorn. Does the cost of the six movie outings that the friend covers have to be reported?

Rule: The councilwoman would have to report the cost of the six movie tickets and snacks paid for by her friend as gifts, giving the appearance that she received the free admission without reciprocating in alternate months.

Proposal: A gift exemption would be carved out for friends who alternate paying in a "common everyday situation" like a meal or round of drinks. The commission's staff also argues in a memo that gifts exchanged for "almost anything Hallmark has a card for," including birthdays, engagements, graduations, baby showers and religious holidays, should not be regulated by the gift rules. Under the language set for consideration, lobbyists registered to lobby that person's work would not qualify for the exemptions.

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