042917 KSEO, ETH 2017-04

Case DateApril 29, 2017
CourtKansas
ETH 2017-04
Opinion No. 2017-04
Kansas Ethics Opinion
April 29, 2017
         Mr. Jerel Wright          Credit Union Administrator          Kansas Department of Credit Unions          Synopsis: Under the facts presented, a state employee's spouse is not prohibited from receiving a gift pursuant to K.S.A. 2016 Supp. 46-237a.          Cited herein: K.S.A. 46-217,46-237a, and K.A.R. 19-40-3a(b).          Dear Mr. Wright:          We understand that, in your capacity as Credit Union Administrator for the Kansas Department of Credit Unions, you request our opinion concerning application of the state governmental ethics law, K.S.A. 46-215 et seq. Our response to your request is limited to its applicability. This opinion does not address whether some other statutory system, common law theory, or agency rule or regulation applies to your inquiry.          FACTUAL STATEMENT          As a state employee with the Kansas Department of Credit Unions, your friends and family wish to raise funds to benefit your spouse, who is recovering from a recent life sustaining surgery.          QUESTIONS          Will a fundraising effort by friends and family for the benefit of spouse violate the state governmental ethics laws?          ANALYSIS AND OPINION          Unless an exception applies, as a state employee, acting in your official position, you are subject to the state governmental ethics law which prohibits your acceptance of, among other things, any economic opportunity or gift, pursuant K.S.A. 46-237a(b). As defined by K.S.A. 46-217, '"[e]conomic opportunity' means any purchase, sale, lease, contract, option, or other transaction or arrangement involving property or services wherein a state [...] employee [...] may gain a personal economic benefit, but not including any gift." A "'[g]ift' means the transfer of money or anything of value unless legal consideration of a reasonably equal or greater value is received in return." K.A.R. 19-40-3a(b). In Governmental Ethics Opinion 1999-50, the Commission determined that: ...

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