102418 KSEO, ETH 2018-05

• Case Date: October 24, 2018
• Court: Kansas

ETH 2018-05 Opinion No. 2018-05 Kansas Ethics Opinion October 24, 2018          Mr. Jeffrey A. Chanay          Chief Deputy Attorney General          120 SW 10th Ave., 2^nd Floor          Topeka, Kansas 66612-1597          Synopsis: Under the facts presented, a state employee's personal trip to Africa, and her acceptance of a gift or economic opportunity to defray the costs of the trip, are not in violation of the Kansas governmental ethics laws.          Cited herein: K.S.A. 46-217, 46-228, 46-2376, 46-237a, and. K.A.R. 19-40-3a(b).          Dear Mr. Chanay:          We understand that, in your capacity as chief deputy attorney general for the Kansas Office of the Attorney General (OAG), you request our opinion concerning application of the state governmental ethics law, K.S.A. 46-215 et seq. Our opinion in 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          The following factual statement are provided in the request for opinion:

.. .one of our employees [may accept] a gift that offsets part of the cost of non-job-related travel. Because this travel is not related to the employee's job - and the travel is during the employee's vacation time - we are unable to find that the possible gift inures to the benefit of the State of Kansas and therefore falls within an exception under K.S.A. 46-237a.

The employee in question has worked in the Attorney General's office as director of human trafficking education and outreach since September 2013. She also serves as the office's public information officer. In March 2018, she accepted a volunteer position on the board of directors for Freedom Now USA, a new anti-trafficking non-profit organization affiliated with the Topeka Rescue Mission. She was later elected vice-chair of the board.... The employee's position on this board is not ex officio, and her appointment is entirely independent of the Office of Attorney

...