Advisory Opinion No. 1995-10
Gifts Provided By A Registrant To State Employee
Participants In A Program Offered By The Office
Of The Treasurer
State Treasurer Christopher B. Burnham has stated that this
program provides many benefits to the State including reduced bank fees,
streamlined bank account reconciliation activities, enhanced work production on
pay days, and enhanced certainty of cash projections. He estimates that a doubling of the current
participation rate in the program could result in annual benefits of up to
$300,000 to the State of
Conn. Gen. Stat. §1-97(a) prohibits a registrant or anyone acting on behalf of a registrant from knowingly giving any state employee or public official gifts that amount to fifty dollars or more in any calendar year. Discounts or promotional items available to the general public, however, are exempt from the definition of gift. See Conn. Gen. Stat. §1-91(g)(7). Shawmut Bank has stated that the on-going incentives will be the same as those which they offer to employees of any employer which participates in a direct deposit of pay program.
With regard to the sweepstakes prize which is to be provided as a one-time incentive, Shawmut Bank contemplates awarding airline tickets to the winner of a drawing. It is unsure how to value these tickets, since they are purchased in conjunction with hotel packages. This prize is not typically offered to participants in a direct deposit pay program.
Since the Office of the Treasurer is requesting that such prizes be offered to State employees on its behalf in order to encourage participation in the State’s direct deposit program, the awarding of this prize will help accomplish the State’s goal. The prohibition on gifts of fifty dollars or more contained in §1-97(a) does not apply to gifts for the personal use or benefit of state employees or public officials which are provided to the state or executive agencies when such gifts facilitate the execution of state action or functions. See Conn. Gen. Stat. §1-91(g)(5) and Regulations of Conn. State Agencies §1-92-51. Therefore, under the Code of Ethics for Lobbyists, this one-time incentive may also be provided by a registrant.
Advisory Opinion No. 94-19, 56
By order of the Commission,
David Nassef
Chairperson