Advisory Opinion 02-01
Date
08/08/2002
Number
02-01
Requester
Board’s own motion
Topic
Appearance in a Public Capacity - Gift Exemption
Issue/Question
The Ethics Act recognizes an exemption from the definition of "gift" for some expenses related to an appearance by a legislator in an "official capacity." Under what circumstances may a third party pay these expenses?
Summary
The Board will make the following inquires: (1)Has the Legislature analyzed the travel request to determine if legislative duties are involved? (2) Would the Legislature view the expenses as a proper expenditure of public funds, even though a third party has offered to pay? (3) Is the legislative purpose of the trip substantive and not minor? The Board emphasizes that this opinion was restricted to "an appearance in an official capacity" and the gift exemption. Other issues could still be present even if the travel was not a "gift," including the "reasonable expectation" analysis, involvement of lobbyists, solicitation of travel and excessive travel costs. RCW 42.52.010(d) and 42.52.150(2)(g).