MEMORANDUM
TO: Mary Amos Ausgburger, Chief Counsel, Senate Majority Caucus
Mike Deemer, Chief Counsel, Senate Minority Caucus
Jack Christopher, Chief Counsel, House Majority Caucus
John Stephan, Chief Counsel, House Minority Caucus
FROM: Tony W. Bledsoe
DATE: December 5, 2006
RE: Tour Invitation to National Championship Game
The Ohio State University invited Members of the Ohio General Assembly
to purchase a trip package(s) and travel with the University Representatives to the
National Championship Game on January 8, 2007. Neither the Ethics Law nor
Legislative Code of Ethics prohibit members from availing themselves of the
opportunity to purchase the trip package or tickets alone.
The tour will leave Columbus on January 5 and return on January 9, 2007. In
addition to the game and official tour events included in the trip package, other
events are likely to be hosted by various entities and individuals. Some of these
hosts will be registered legislative agents (lobbyists) and employers of legislative
agents. The purpose of this memo is to review the reporting requirements for
legislative agents, employers and Members of the General Assembly in attendance.
Travel, tickets, meals and beverages are included in the trip package purchased by
the Member. Therefore, the benefits included within the trip package (travel,
tickets, meals and beverages) are not subject to any reporting requirements by The
Ohio State University or financial statement disclosure by the Member of the
General Assembly, if the Member purchases the entire trip package. A Member
who
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purchases game tickets only, will be subject to the reporting requirements described below if he or she
accepts any meals, beverages, or any other thing of value from The Ohio State University. All
Members are subject to these requirements when accepting any meals, beverages or any
other thing of value from any other legislative agent or employer of a legislative agent.
PROHIBITIONS
Members are prohibited from selling the trip package or tickets obtained by their status
as Members of the General Assembly for a profit. Members are discouraged from selling
the package or tickets at cost, so as to incur favor with a third party.
A Member or employee is prohibited from accepting a gift or gifts from a legislative agent where
the value of the gift or gifts, aggregated per calendar year, exceeds $75.
Members and employees are prohibited from accepting more than $75, aggregated per calendar
year, in meals and beverages from a legislative agent. Meals and beverages provided to a
member while attending the National Championship Game count towards the $75 limit.
A member is prohibited from accepting any direct payment or reimbursement for travel and
lodging expenses from a legislative agent except actual travel and lodging expenses related
to official duties. Attendance at the National Championship Game is NOT considered an
official duty, unless the Member is part of the official delegation. Those who have been invited to
purchase a trip package are not considered to be a part of the official delegation. Members who are not a part
of the official delegation may not accept actual travel/lodging expenses from a legislative agent
for travel to Arizona for the National Championship Game.
Travel is defined as any transportation by airplane, train, or common carrier
regardless of the distance and any travel by automobile, for those trips which exceed
50 miles, one way.
Lodging encompasses the following: (1) A stay of one or more nights in a
commercial establishment and (2) A stay of one or more nights in a noncommercial
private dwelling.
FINANCIAL DISCLOSURE REPORTING REQUIREMENTS
Travel
Members and employees are required to disclose the source and amount of travel expenses
incurred to attend the National Championship Game, if any person or entity pays for or directly
provides the travel. As noted above, travel purchased via the trip package need not be disclosed.
Legislative agents are prohibited from providing travel expenses to this event.
Meals & Beverages
Members are reminded that meals and beverages provided by legislative agents, count
towards the $75 annual limit. Legislative agents must report the name of any legislator who accepts
more than $50.00 (fifty dollars) aggregate in meals and beverages from the legislative agent in a
calendar year. The employer of a lobbyist will report the name of any legislator who accepts any
direct meal or beverages expenses from the employer in a calendar year. The exceptions to this
reporting threshold are not applicable to the National Championship Game.
A Member is required to disclose a meal or gift under the non-disputed information section
of the Financial Disclosure Statement if a legislative agent or employer reports the Member’s name
on a lobbyist expenditure report.
Gifts – Including Ticketed Events & Fundraisers
Events or activities must be reported as gifts if the value exceeds $75 or $25 if from a
legislative agent.
For example, if while in Arizona, the XYZ Corporation sponsors a golf outing with free
greens fees, the greens fees are a reportable gift.
Any gift provided to a spouse or other family member is for the use or benefit of the
Member (i.e., the spouse/family member is receiving the gift because he or she is the spouse of the
Member) and therefore the amount of the gift must be added to the amount, if any, of the gift
received by the Member .
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Members and employees must identify the source of a gift where the value of the gift
or gifts, aggregated per calendar, exceeds $75 or if received from a legislative agent,
$25. A Member or employee is prohibited from accepting a gift or gifts from a
legislative agent where the value of the gift or gifts, aggregated per calendar year,
exceeds $75.
Complimentary attendance at a non-political fundraising event for a charitable cause
is not considered a gift if the source of the complimentary admission is the
entity/person hosting the event. If a third person or entity purchases a ticket or
otherwise pays for admission, attendance is considered a gift. The value of which is
the actual face value of admission.
If a Member has any questions prior to, during, or after the trip, please encourage them to
call me at 614-728-5100.
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