012517 KSEO, ETH 2017-03

• Case Date: January 25, 2017
• Court: Kansas

ETH 2017-03 Opinion No. 2017-03 Kansas Ethics Opinion January 25, 2017          Kim Borchers          Deputy Chief of Staff          Office of the Governor          Capitol Building, Room 241 South          Topeka, Kansas 66612          Synopsis: If a donor, or person to be solicited for a donation, does not have a special interest and the Office of the Governor does not license, inspect, or regulate the donor or person to be solicited, then a state employee in the Governor's office may solicit and accept financial dontations for the Governor's Weight Loss Challenge when an exception of the general prohibitions of K.S.A. 2016 Supp. 46-237a applies.          Cited herein: K.S.A. 46-217, 46-228, 46-236, 46-237, 2016 Supp. 46-237a and K.A.R. 19-40-3a(b).          Dear Mrs. Borchers:          We understand that you have requested this opinion in your capacity as Deputy Chief of Staff for the Office of the Governor. This opinion is in response to your request to the Kansas Governmental Ethics Commission (Commission), concerning application of the state governmental ethics law, K.S.A. 46-215 et seq. We note at the outset that the Commission's jurisdiction is limited to the applicability of K.S.A. 46-215 et seq., and the Commission's opinion does not address whether some other statutory system, common law theory, or agency rule or regulation applies to your inquiry.          FACTUAL STATEMENT          The State of Kansas is in the process of launching an initiative that encourages a healthy lifestyle challenge for state employees. Part of that initiative will involve a Governor's Weight Loss Challenge. As in the past, the state plans on awarding cash incentives for any state employee who chooses to participate and meets the criteria as laid out in the challenge. All funds collected will be directed to the Kansas Department of Administration and paid out from this agency. The program will be administered through the staff of the Kansas Department of Health and Environment. The prize money will be distributed as cash pay-outs and as gift certificates. ...