Gift Made with Intent to Influence
No person shall offer or give to a public official or public employee or a member of the household of a public employee or a member of the household of the public official and none of the aforementioned shall solicit or receive anything for the purpose of corruptly influencing official action, regardless of whether or not the thing solicited or received is a thing of value.
Ala. Code § 36-25-7(a).
No public official or public employee shall solicit or receive anything for himself or herself or for a family member of the public employee or family member of the public official for the purpose of corruptly influencing official action, regardless of whether or not the thing solicited or received is a thing of value.
Ala. Code § 36-25-7(b).
No person shall offer or give a family member of the public official or family member of the public employee anything for the purpose of corruptly influencing official action, regardless of whether or not the thing offered or given is a thing of value.
Ala. Code § 36-25-7(c).
Extra Compensation for Official Duties
No public official or public employee, shall solicit or receive any money in addition to that received by the public official or public employee in an official capacity for advice or assistance on matters concerning the Legislature, lobbying a legislative body, an executive department or any public regulatory board, commission or other body of which he or she is a member. Notwithstanding the foregoing, nothing in this section shall be construed to prohibit a public official or public employee from the performance of his or her official duties or responsibilities.
Ala. Code § 36-25-7(d).
Gift Regardless of Giver’s Status
No current state statute or regulation falls under the category of “Gift Regardless of Giver’s Status.”
Gift from Lobbyist or Regulated Entity
(a) No lobbyist, or subordinate of a lobbyist or principal shall offer or provide a thing of value to a public employee or public official or to a family member of the public employee or family member of the public official; and no public employee or public official or family member of the public employee or family member of the public official shall solicit or receive a thing of value from a lobbyist, subordinate of a lobbyist or principal. Notwithstanding the foregoing, a lobbyist or principal may offer or provide and a public official, public employee, or candidate may solicit or receive items of de minimis value.
(b) A lobbyist does not provide a thing of value, for purposes of this section, merely by arranging, facilitating, or coordinating with his or her principal that is providing and paying for those items.
Ala. Code § 36-25-5.1(a), (b).
(e) No public official or public employee shall, other than in the ordinary course of business, solicit a thing of value from a subordinate or person or business with whom he or she directly inspects, regulates, or supervises in his or her official capacity.
Ala. Code § 36-25-5(e).
No person shall offer or give to a member or employee of a governmental agency, board, or commission that regulates a business with which the person is associated, and no member or employee of a regulatory body, shall solicit or accept a thing of value while the member or employee is associated with the regulatory body other than in the ordinary course of business. In addition to the foregoing, the Commissioner of the Department of Agriculture and Industries and any candidate for the office of commissioner may not accept a campaign contribution from a person associated with a business regulated by the department.
Ala. Code § 36-25-12.
Definitions and Exceptions
Thing of Value Defined
(34) Thing of value.–
- Any gift, benefit, favor, service, gratuity, tickets or passes to an entertainment, social or sporting event, unsecured loan, other than those loans and forbearances made in the ordinary course of business, reward, promise of future employment, or honoraria or other item of monetary value.
- The term, thing of value, does not include any of the following, provided that no particular course of action is required as a condition to the receipt thereof:
- A contribution reported under Chapter 5 of Title 17 or a contribution to an inaugural or transition committee.
- Anything given by a family member of the recipient under circumstances which make it clear that it is motivated by a family relationship.
- Anything given by a friend of the recipient under circumstances which make it clear that it is motivated by a friendship and not given because of the recipient’s official position. Relevant factors include whether the friendship preexisted the recipient’s status as a public employee, public official, or candidate and whether gifts have been previously exchanged between them.
- Greeting cards, and other items, services with little intrinsic value which are intended solely for presentation, such as plaques, certificates, and trophies, promotional items commonly distributed to the general public, and items or services of de minimis value.
- Loans from banks and other financial institutions on terms generally available to the public.
- Opportunities and benefits, including favorable rates and commercial discounts, available to the public or to a class consisting of all government employees.
- Rewards and prizes given to competitors in contests or events, including random drawings, which are open to the public.
- Anything that is paid for by a governmental entity or an entity created by a governmental entity to support the governmental entity or secured by a governmental entity under contract, except for tickets to a sporting event offered by an educational institution to anyone other than faculty, staff, or administration of the institution.
- Anything for which the recipient pays full value.
- Compensation and other benefits earned from a non-government employer, vendor, client, prospective employer, or other business relationship in the ordinary course of employment or non-governmental business activities under circumstances which make it clear that the thing is provided for reasons unrelated to the recipient’s public service as a public official or public employee.
- Any assistance provided or rendered in connection with a safety or a health emergency.
- Payment of or reimbursement for actual and necessary transportation and lodging expenses, as well as waiver of registration fees and similar costs, to facilitate the attendance of a public official or public employee, and the spouse of the public official or public employee, at an educational function or widely attended event of which the person is a primary sponsor. This exclusion applies only if the public official or public employee meaningfully participates in the event as a speaker or a panel participant, by presenting information related to his or her agency or matters pending before his or her agency, or by performing a ceremonial function appropriate to his or her official position; or if the public official’s or public employee’s attendance at the event is appropriate to the performance of his or her official duties or representative function.
- Payment of or reimbursement for actual and necessary transportation and lodging expenses to facilitate a public official’s or public employee’s participation in an economic development function.
- Hospitality, meals, and other food and beverages provided to a public official or public employee, and the spouse of the public official or public employee, as an integral part of an educational function, economic development function, work session, or widely attended event, such as a luncheon, banquet, or reception hosted by a civic club, chamber of commerce, charitable or educational organization, or trade or professional association.
- Any function or activity pre-certified by the Director of the Ethics Commission as a function that meets any of the above criteria.
- Meals and other food and beverages provided to a public official or public employee in a setting other than any of the above functions not to exceed for a lobbyist twenty-five dollars ($25) per meal with a limit of one hundred fifty dollars ($150) per year; and not to exceed for a principal fifty dollars ($50) per meal with a limit of two hundred fifty dollars ($250) per year. Notwithstanding the foregoing, the lobbyist’s limits herein shall not count against the principal’s limits and likewise, the principal’s limits shall not count against the lobbyist’s limits.
- Anything either (i) provided by an association or organization to which the state or, in the case of a local government official or employee, the local government pays annual dues as a membership requirement or (ii) provided by an association or organization to a public official who is a member of the association or organization and, as a result of his or her service to the association or organization, is deemed to be a public official. Further included in this exception is payment of reasonable compensation by a professional or local government association or corporation to a public official who is also an elected officer or director of the professional or local government association or corporation for services actually provided to the association or corporation in his or her capacity as an officer or director.
- Any benefit received as a discount on accommodations, when the discount is given to the public official because the public official is a member of an organization or association whose entire membership receives the discount.
Ala. Code § 36-25-1(34)(a),(b).
Inheritance Exception
- Nothing in this chapter shall be deemed to limit, prohibit, or otherwise require the disclosure of gifts through inheritance received by a public employee or public official.
Ala. Code § 36-25-1(34)(c).
Value Defined
(35) Value.– The fair market price of a like item if purchased by a private citizen. In the case of tickets to social and sporting events and associated passes, the value is the face value printed on the ticket.
Ala. Code § 36-25-1(35).
Widely Attended Event Defined
(36) Widely attended event.– A gathering, dinner, reception, or other event of mutual interest to a number of parties at which it is reasonably expected that more than 12 individuals will attend and that individuals with a diversity of views or interest will be present.
Ala. Code § 36-25-1(36).
Notes/Resources
Notes
Contributions to an office holder, a candidate, or to a public official’s inaugural or transitional fund shall not be converted to personal use.
Ala. Code § 36-25-6.
Resource(s)