Advisory Opinion No. 2003-13
Interpretation
Of Advisory Opinion No. 98-9
1. In reviewing Advisory Opinion No. 98-9, the
Commission believes it is clear that the intent of this Opinion was to allow up
to $100 in benefits not only for the official but also for each immediate
family member. See, page two of
the Ruling which states that the standard will allow “…benefits with a
cumulative value of less than one hundred dollars per person per year provided
to a public official or immediate family member…”
2. The answer to Attorney Rubin’s second query
is not directly apparent from a reading of Advisory Opinion No. 98-9. However, common sense would dictate an
interpretation that permits $100 per person per year in benefits over and above
the Code’s statutory gift exceptions. A
hypothetical example will illustrate the logic of this alternative. Assume a public official is invited to an
event (e.g., a golf tournament) under circumstances that conform
to the “charitable event” exception of §1-79(e)(14) with
the following benefits: golf ($75) and
food and drink ($60). Assume further
that at the event the official will be receiving a plaque ($100) in recognition
of his public efforts on behalf of the charitable cause. Applying the Code’s gift exceptions, a
lobbyist or other regulated entity hosting the event would be legally permitted
to bestow all of the above enumerated benefits on the public official. Conn. Gen. Stat. §§1-79(e)(6)
and (14). However, absent the allowance
of the statutory gift exemptions, UCONN or another unregulated entity would be
limited to providing only $100 in total benefits.
By order of the Commission,
Rosemary Giuliano
Chairperson