ASK THE ETHICS OFFICER

May I Attend a Local Seminar Hosted by a Potential City Vendor?
Can a Contractor Pay for My Travel?
May I Ask a City Vendor for a Door Prize?
Can I Accept a Holiday Gift from a Prohibited Source?
How Do I Say No?
May I Accept a Lunch Invitation?

May I Attend a Local Seminar Hosted by a Potential City Vendor?
Q: I have been invited to attend a local seminar after work that is being hosted by a potential city vendor for local, state, and federal employees. There is no charge to attend the event, and food and beverages will be provided. May I attend?

A: You may attend the event since it is open to other members of the public, and you may accept the food because it is furnished in connection with your appearance in an official capacity at a seminar, convention, or conference.

One of the exceptions to the ban on gratuities permits city employees and officials to accept “reasonable meals or refreshments” furnished when they attend a “public, civic, charitable, or non-profit ceremony, event, convention, or conference” in their official capacity, whether or not the sponsor of the event does business with the city. There is no requirement to disclose the gift of the meal under this exception because the public nature of the event serves as the notice or disclosure.

Can a Contractor Pay for My Travel?
Q: I am a city employee and have been working with a city contractor on a project. The contractor has asked me to speak on a panel at a conference this winter and offered to pay for my travel. May I accept the offer?

A: You may accept reimbursement of travel expenses from the contractor because you are participating on a conference panel, but must publicly disclose the expenses online at https://apps.atlantaga.gov/efile.

The Code of Ethics permits city officials and employees to receive expense reimbursements from prohibited sources for “reasonable hosting expenses,” which include travel, meals, lodging, and conference registration fees, in limited circumstances. The travel must be made in connection with (1) speaking, (2) teaching, (3) participating on a professional panel, or (4) attending a conference in an official capacity. Any travel paid by a non-city source must be reported online on an Expense Reimbursement Report within 30 days of the event.

May I Ask a City Vendor for a Door Prize?
Q: I am helping to plan an Employee Appreciation Luncheon in my department. May I ask a vendor with whom I work for a cash donation or gift to give as a door prize?

A: No. The Code of Ethics prohibits you from soliciting gifts directly from vendors and contractors with whom you regularly work. You may, however, solicit donations for employee awards from any business that is not a prohibited source or targeted solely because it does business with the City.

The Board of Ethics has established the following guidelines for employees to follow in soliciting money and in-kind donations from individuals and businesses:

The official or employee must solicit in an official capacity
The solicitation must be made for a city purpose, project, or program
The fund-raising campaign should make a broad public appeal for support
The solicitation should not target prohibited sources
The gift must be given to the City of Atlanta or one of its agencies
The gift must be publicly disclosed on an online gift report form
The gift cannot be calculated to influence any vote, decision, or official action

Can I Accept a Holiday Gift from a Prohibited Source?
Q: I have received a box of chocolates from a vendor that has a contract with my department. May I keep the gift?

A: City officials and employees may accept gifts of food and flowers on behalf of their agency when the gift is perishable, has a nominal market value, and is impractical to return. The gift must be placed in a public area where other employees or the general public can share it.

The Code of Ethics prohibits city employees and officials from accepting gratuities or gifts from prohibited sources, which includes persons doing business with the City. Accepting a gift from a city vendor or contractor creates the perception that the employee’s or official’s independence and judgment is being compromised. If an employee or official receives a gratuity, the recipient should return the gift to the donor, pay the fair market value of the item, or give it to a charity in the name of the sender. Because of the practical problems associated with gifts of food or flowers, the Board of Ethics adopted a holiday gift rule that permits the acceptance of occasional, modest, and perishable gifts that are shared within the office.

How Do I Say No?
Q: I received a $50 gift certificate to a local restaurant with a note of thanks from a group that I have helped over the past two years. How can I explain that I can’t accept the gift?

A: When you receive a gift card or certificate from a prohibited source, you have three choices: you may return the gift to the sender, pay the fair market value of the gift, or donate it to a charity in the name of the sender. Here are examples of how other employees have explained their reasons for returning a gift or donating it to a charity.

Example 1: It was wonderful to receive your letter today inviting me to visit [name of restaurant] this spring. Your menu lists a variety of delectable selections that I will keep in mind for me and my family when we occasionally dine out. I also want to thank you for the $50 luncheon certificate. However, due to the current City of Atlanta Ethics policy, I am unable to accept this gift certificate (enclosed). Thank you again, and I wish you and [name of restaurant] continued success!

Example 2: Thank you very much for your holiday greetings. We have enjoyed our working relationship with [name of company] this year. We appreciate your generosity and thoughtfulness by sending us the gift cards, but though your intent surely springs from the spirit of the season, City policy prohibits us from accepting gifts of this nature. Please understand why we can’t accept your gift. This being the case, and since we believe there are many in the City who have great needs at this time of year, we have donated the gift cards to the Hosea Williams Feed the Hungry Campaign in your names.

Can a Former Employee Appear before a City Agency?
Q: A former employee appeared before a city board last night representing a property owner. She left the City of Atlanta just a few months ago. Are employees allowed to represent someone before their former agency during the year after they leave city employment?

A: No. The City of Atlanta has a one-year “cooling-off” period for former city employees and officials. This provision is intended to prevent former employees from furthering their own or others’ financial interests by using inside information obtained during city service, deriving personal benefits from actions made while employed with the City, or asserting undue influence on former colleagues who continue to work for the City.

The city’s post-employment rule prohibits two kinds of representation by former employees:

Former employees are prohibited from appearing before city agencies for a year after they leave the City.
Former employees cannot for a period of one year be paid for services rendered on behalf of any person, business, or entity on matters about which they were directly concerned, personally participated, actively considered, or acquired knowledge or information while employed by the City.

May I Accept a Lunch Invitation?
Q: I am having a business lunch with outside counsel for Beltline, Inc. She wants to buy my lunch. We are on the same side of a transaction. I assume this is okay, as long as I disclose and keep it under $25. Correct?

A: No. The City has no exception for personal gifts of meals. The ban on gratuities prohibits employees from accepting things of value from a prohibited source, which includes law firms that represent city agencies. There are three exceptions for food: (1) meals and refreshments provided at a public event, (2) hospitality extended for a social or business purpose unrelated to official city business, and (3) meals provided as part of travel in connection with a speech or a conference.

"Ask the Ethics Officer" is a regular feature of the Board of Ethics' enewsletter Ethics Matters. If you have a question or need advice, you should send your questions to ethicsofficer@atlantaga.gov.