Gift Exceptions
These summaries are designed to provide examples of decisions of actual inquiries of the Commission. Key points may have been deleted in the interest of brevity.
Note: For the full text version of Advisory Opinions, please click on the specific opinion name.
- Exception No. 2007-01: This opinion authorizes a gifts exception to allow a Transportation Cabinet employee diagnosed with leukemia to accept donations from contractors of the Transportation Cabinet, provided the employee abstain for six months after returning to work from inspections of any of the contractors who have donated for his benefit.
- Exception No. 2007-02: The Executive Branch Ethics Commission grants an exception, pursuant to KRS 11A.045(1), to allow the Department of Veterans' Affairs to accept a truck from a company that is constructing a state veterans' cemetery.
- Exception No. 2006-1: The Department of Criminal Justice Training may accept firearm training simulation machines from an association that represents cities.
- Exception No. 2005-1: The Governor’s Senior Advisor may accept wedding gifts from persons or businesses that may do business with or be regulated by the Office of the Governor, or may be attempting to influence official actions of the Office of the Governor, provided the gifts are reasonable in value.
- Exception No. 2005-2: The expenses of the spouse of an executive branch employee to attend an annual meeting of a hospital’s board of directors, of which the spouse is a member, is not considered a gift to the spouse. The executive branch employee may accept the gift of meals from the hospital, provided the hospital has no proceedings or other regulatory matters pending before the Finance and Administration Cabinet for which the employee works. The employee should also abstain from any matters that would come before Finance concerning the hospital.
- Exception No. 2005-3: The Kentucky Horse Racing Authority may accept fingerprinting machines from professional organizations which have as their primary purpose the representation of interests of regulators of the industry rather than those who are regulated. Because no other organizations provide similar services or compete for the Authority’s membership, no actual conflict appears to exist. No actual conflict or appearance of impropriety would be created by a state agency’s acceptance of a donation from a professional organization when the only relationship between the agency and the organization or its members is created by payment of membership fees to a professional organization that serves the mission of the agency.
- Exception No. 2005-4: This opinion authorizes a gift exception to allow an inspector to accept donations from an account set up to assist his family to which vendors have donated.
- Exception No. 2005-5: This opinion authorizes a gift exception to allow the Chief of Staff to the Governor's Office for Local Development to accept wedding gifts from persons or businesses that work for local governments that may be regulated by and/or applying for grants from the Governor's Office for Local Development.
- Exception No. 2004-1:
The Governor and the Lieutenant Governor may accept 12 box seats
and 12 walk-around passes from Derby from Churchill Downs for both
the Kentucky Oaks and the Kentucky. The acceptance of such tickets
will not create an appearance of impropriety but will allow them
to represent the Commonwealth nationally.
- Exception No. 2003-1: May Commissioner of the Department of Agriculture accept a plaque in recognition of his outstanding service to agriculture from a university that submits grant requests to the Department of Agriculture?
- Exception No. 2002-1: The Cabinet for Workforce Development may accept Internet service for one day from a company it regulates in its unemployment insurance program provided the company has no regulatory matters concerning which it is seeking to influence the agency.
- Exception No. 2002-2: The Finance and Administration Cabinet may accept mail system testing equipment from a corporation with which it does business with the expectation that no advantage will be allowed by the Finance and Administration Cabinet now or in the future with regards to bidding on this type of equipment, and maintenance of equipment or related mail processing equipment.
- Exception No. 2002-3: The State Fire Marshal's Office may accept free training and code materials from the National Fire Protection Association, provided others attending the training are not charged a fee.
- Exception No. 2001-1: May the Lt. Governor accept baby gifts from persons or businesses that may be doing business with, regulated by, or trying to influence the actions of the Lt. Governor?
- Exception No. 2001-2: May employees accept reimbursement for training costs from non-profit agency?
- Exception No. 2000-1: Effective July 14, 2000, KRS 11A.045(1) was amended to allow the Commission to authorize exceptions to the prohibition against the acceptance of donations where the exemption would not create an appearance of impropriety.
- Exception No. 2000-2: May the Lt. Governor accept wedding gifts from persons or businesses that may be doing business with, regulated by, or trying to influence the actions of the Lt. Governor?