Gift Made with Intent to Influence
No current state statute or regulation falls under the category of “Gift Made with Intent to Influence.”
Extra Compensation for Official Duties
Whoever is a public officer or public employee and under color of office or employment intentionally asks, receives, or agrees to receive a fee or other compensation in excess of that allowed by law or where no such fee or compensation is allowed, is guilty of a misdemeanor.
Minn. Stat. § 609.45.
Gift Regardless of Giver Status
Subd. 2. Acceptance of gifts; favors. — Employees in the executive branch in the course of or in relation to their official duties shall not directly or indirectly receive or agree to receive any payment of expense, compensation, gift, reward, gratuity, favor, service or promise of future employment or other future benefit from any source, except the state for any activity related to the duties of the employee unless otherwise provided by law. However, the acceptance of any of the following shall not be a violation of this subdivision:
(a) Gifts of nominal value or gifts or textbooks which may be accepted pursuant to section 15.43.
(b) Plaques or similar mementos recognizing individual services in a field of specialty or to a charitable cause.
(c) Payment of reimbursement expenses for travel or meals, not to exceed actual expenses incurred, which are not reimbursed by the state and which have been approved in advance by the appointing authority as part of the work assignment.
(d) Honoraria or expenses paid for papers, talks, demonstrations, or appearances made by employees on their own time for which they are not compensated by the state.
(e) Tips received by employees engaged in food service and room cleaning at restaurant and lodging facilities in Itasca State Park.
Minn. Stat. Ann. § 43A.38(2).
Gift from Lobbyist or Regulated Entity
10A.071. Certain Gifts by Lobbyists and Principals Prohibited
Subdivision 1. Definitions.
(a) The definitions in this subdivision apply to this section.
(b) “Gift” means money, real or personal property, a service, a loan, a forbearance or forgiveness of indebtedness, or a promise of future employment, that is given and received without the giver receiving consideration of equal or greater value in return.
(c) “Official” means a public official, an employee of the legislature, or a local official of a metropolitan governmental unit.
(d) “Plaque” means a decorative item with an inscription recognizing an individual for an accomplishment.
Subd. 2. Prohibition. — A lobbyist or principal may not give a gift or request another to give a gift to an official. An official may not accept a gift from a lobbyist or principal.
Subd. 3. Exceptions.
(a) The prohibitions in this section do not apply if the gift is:
- a contribution as defined in section 10A.01, subdivision 11;
- services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents;
- services of insignificant monetary value;
- a plaque with a resale value of $ 5 or less;
- a trinket or memento costing $ 5 or less;
- informational material with a resale value of $ 5 or less; or
- food or a beverage given at a reception, meal, or meeting if:
- the reception, meal, or meeting is held away from the recipient’s place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program; or
- the recipient is a member or employee of the legislature and an invitation to attend the reception, meal, or meeting was provided to all members of the legislature at least five days prior to the date of the event.
(b) The prohibitions in this section do not apply if the gift is given:
- because of the recipient’s membership in a group, a majority of whose members are not officials, and an equivalent gift is given to the other members of the group; or
- by a lobbyist or principal who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family.
Minn. Stat. Ann. § 10A.071.
471.895. Certain Gifts by Interested Persons Prohibited
Subdivision 1. Definitions.
(a) The definitions in this subdivision apply to this section.
(b) “Gift” has the meaning given it in section 10A.071, subdivision 1.
(c) “Interested person” means a person or a representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make.
(d) “Local official” means:
- an elected or appointed official of a county or city or of an agency, authority, or instrumentality of a county or city; and
- an elected or appointed member of a school board, a school superintendent, a school principal, or a district school officer of any independent school district.
Subd. 2. Prohibition. — An interested person may not give a gift or request another to give a gift to a local official. A local official may not accept a gift from an interested person.
Subd. 3. Exceptions.
(a) The prohibitions in this section do not apply if the gift is:
- a contribution as defined in section 211A.01, subdivision 5;
- services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents;
- services of insignificant monetary value;
- a plaque or similar memento recognizing individual services in a field of specialty or to a charitable cause;
- a trinket or memento costing $ 5 or less;
- informational material of unexceptional value; or
- food or a beverage given at a reception, meal, or meeting away from the recipient’s place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program.
(b) The prohibitions in this section do not apply if the gift is given:
- because of the recipient’s membership in a group, a majority of whose members are not local officials, and an equivalent gift is given or offered to the other members of the group;
- by an interested person who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family; or
- by a national or multistate organization of governmental organizations or public officials, if a majority of the dues to the organization are paid from public funds, to attendees at a conference sponsored by that organization, if the gift is food or a beverage given at a reception or meal and an equivalent gift is given or offered to all other attendees.
Minn. Stat. Ann. § 471.895.
Definitions and Exceptions
Please see above sections for statute specific definitions and exceptions.
Notes/Resources
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