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Review of the Gift Law
<br /> By Susan Naughton
<br /> ity officials are generally prohibited before whomthe recipient makes a
<br /> from accepting-gifts,with some speech or answers questions as part
<br /> limited exceptions.This article of a program.
<br /> reviews the basic requirements of a Gifts given because of the recipient's
<br /> what is commonly referred to as membership in a group,a majority of
<br /> the"gift law"The gift law provides whose members are not local officials,
<br /> that an interested person may not if an equivalent gift is given to the
<br /> give a gift or request another to other members of the group.
<br /> give a gift to a local official,and that the definition of an interested person a Gifts given by an interested person
<br /> a local official may not accept a gift implies that the gift law covers local who is a member of the family of
<br /> from an interested person. (Minn. officials who are authorized to make or the recipient,unless the gift is given
<br /> Stat.§ 471.895.) recommend decisions that could impact on behalf of someone who is not a
<br /> Definitions.An"interested person"is someone financially.As a result,the gift member of that family.
<br /> a person,or a representative of a person law likely covers top appointed city a Gifts given by a national or multi-
<br /> or association,with a direct financial employees,such as managers,admin- state organization of governmental
<br /> interest in a decision the local official istrators,clerks,financial officers,and organizations or public officials (if a
<br /> is authorized to make.The gift law does other department heads.Other covered majority of the dues to the organiza-
<br /> not require that there be a specific employees could include inspectors and tion are paid from public funds) to
<br /> decision involving the interested person employees who can make or recommend attendees at a conference sponsored
<br /> pending at the time of the gift.As a purchasing decisions.Because of the by that organization,if the gift is food
<br /> result,an interested person likely includes difficulty in determining who qualifies or beverage given at a reception or
<br /> anyone that may at some time provide as a local official,it may be wise to take meal and an equivalent gift is given
<br /> goods or services to the city,such as the most cautious approach and simply to all other attendees.
<br /> engineers,attorneys,financial advisors, prohibit all city employees from accept- Gifts to cities.The gift law prohibits
<br /> contractors,and sales representatives. ing gifts. gifts to city officials,not to cities.City
<br /> In addition,virtually every resident of the Exceptions.There are some excep councils may accept gifts on behalf
<br /> city might at some time have a direct tions to the gift law.The following of the city by adopting a resolution
<br /> financial interest in a decision a city types of gifts are allowed: approved by a two-thirds majority vote
<br /> official is authorized to make,such as the a Political contributions. of its members,expressing any condi-
<br /> levying of property taxes,the spreading a Services to assist in the performance tions attached to the gift (Minn.Stat.
<br /> of special assessments,the valuation of of official duties,such as providing § 5.03).
<br /> property for tax purposes,the issuing of advice,consultation,information,and toiations, No criminal penalties are
<br /> a license,the zoning of property,or the communication in connection with specified in the gift law.But violations
<br /> granting of a land-use permit. legislation.,and services to constituen . of the gift law could trigger prosecutions
<br /> A"gift"is money,real or personal a Services of insignificant monetary for acceptance of a bribe (a felony under
<br /> property,a service,a loan,a forbearance value. Minn.Stat.S 609.42) or for misconduct
<br /> or forgiveness of indebtedness,or a ■ A plaque or similar memento recog of a public official (a grass misdemeanor
<br /> promise of future employment that is nizing individual services in a field under Minn.Stat.§ 609.43 and a mis-
<br /> given and received without the giver of specialty or to a charitable cause. demeanor under Minn.Stat.§ 645.241).
<br /> receiving consideration of equal or ■ A trinket or memento costing$5 or And even if prosecution is unlikely,
<br /> greater value in return (Minn.Stat. less.(The$5 limit was added by the negative public opinion may result in
<br /> 10A.071). 2005 Legislature.The exception voters voting violators of the gift law
<br /> A"local official"is an elected or formerly allowed for a trinket or out of office at the next election.'
<br /> appointed official of a city,or of an memento of"insignificant value.")
<br /> agency,authority or instrumentality of a Informational material of unexcep--
<br /> a city.Therefore,the law applies to all tional value. Susan Naughton is research attorney
<br /> mayors,councilmembers,and members a Food or beverage at a reception,meal with the League of Minnesota Cities.
<br /> of appointed boards,commissions,and or meeting away from the recipient's Phone;(651)281-1232.E-mail:
<br /> comunittees of the city.In addition, place of work by an organization snaughto@lmnc.org.
<br /> AUGUST 2005 MINNESOTA CITIES 23
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