062718 KSEO, ETH 2018-3

• Case Date: June 27, 2018
• Court: Kansas

ETH 2018-3 Opinion No. 2018-3 Kansas Ethics Opinion June 27, 2018          Ms. Jeanette Magathan          Director of Finance          Kansas Schools for the Deaf and the Blind          450 E. Park          Olathe, Kansas 66061          Synopsis: Under the facts presented, teachers employed by the Kansas Schools for the Deaf and the Blind may not accept gifts of Garmin Vivofit devices.          Cited herein: K.S.A. 46-237a, K.A.R. 19-40-3a and Ethics Opinion No. 2004-23          Dear Ms. Magathan:          We understand, in your capacity as Director of Finance for the Kansas Schools for the Deaf and the Blind, you request our opinion concerning application of the state conflict of interest laws, K.S.A. 46-215 et seq. Our opinion in response to your request is limited to the applicability of those laws. This opinion does not address whether some other statutory system, common law theory, or agency rule or regulation applies to your inquiry.          FACTUAL STATEMENT          Blair Family Foundation has offered to donate Garmin Vivofit devices to teachers at the Kansas Schools for the Deaf and the Blind. Mr. Blair is a former teacher and wants to show appreciation for the teachers' work. They were already donating to Kansas City, Kansas, public school teachers and want to include those at the Schools for the Deaf and the Blind. The devices are valued at $21.20 each.          QUESTIONS          Are the teachers allowed to accept a Garmin Vivofit device from the Blair Family Foundation?          ANALYSIS AND OPINION          K.S.A. 46-237a states in pertinent part

"(a) The provisions of this section shall apply to:

(4) all officers and employees of the executive branch of state government...

(b) No person subject to the provisions of this section shall solicit or accept any gift, economic opportunity, loan, gratuity, special discount or service provided because of such person's official position, except:

(3) anything of value received by the

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