RESPONSIBLE CITY AGENCY: Mayor's Office
KEYWORDS: soliciting, gifts, money.
Preface
Access to government is the right of all citizens. Special influence and special access should be a thing of the past. Open access preserves our democratic way of life by keeping government honest, free from the suggestion of corruption of any sort.
City employees, from the Mayor to the newest hire, are paid out of the public treasury to serve the public interest and the public good; above all, they should be regarded as public servants.
The sense of this Administration is that a bright line needs to be drawn regarding all gifts, without regard to the intent behind the gift or consideration of whether or not the gift would in fact exert influence. Over time, an unfortunate perception has arisen that citizens with money have better access to the chambers of power than those without money. Employees of Salt Lake City Corporation must do our best to ensure that this is never the case and is never again thought to be the case.
Other professionals, like judges and journalists, abide by strict codes of conduct about the acceptance of any gifts. Salt Lake City employees ought to ask no less of themselves.
This Executive Order applies to all Employees of Salt Lake City Corporation not under the direct control or supervision of the Salt Lake City Council.
Therefore, I enact this Executive Order:
1. General
1.1 Employees shall neither solicit nor accept any personal gifts as a consequence of their employment by Salt Lake City Corporation, except when reasonably necessary to, or helpful in, the performance of their duties.
1.2 No employee should solicit or accept anything that might be perceived as inappropriately influencing the way in which City business is conducted. Nor should employees tolerate gifts to their family members, friends, or organizations with which they are associated, if such gifts are a consequence of the employee's employment by Salt Lake City Corporation.
1.3 This order includes gifts given to City employees as "social hospitality," such as free meals, flowers and chocolates. The policy is not dependent on the value of the gift; in other words, there is no blanket exception for gifts under $50. Gifts exempted under this order include trophies, certificates, plaques and other commendatory or commemorative items, books, and compact disks presenting performances by artists who have performed locally.
1.4 The order only applies to gifts given in connection with employment by the City; private gifts from family or friends are permitted if not given as a consequence of employment. We ought to ask ourselves, "Would I be getting this if I didn't work for Salt Lake City?" If the answer is "No," then the gift should be refused.
1.5 City officials, as representatives of the City, may freely accept gifts for the City. Those are not "personal" gifts. For example, gifts presented as part of the "Sister Cities" program should be graciously accepted and then become the property of the City.
1.6 Employees invited to represent the City at a social, cultural, charitable, political, civic, or business function should accept the hospitality of the occasion because such functions are a "reasonably necessary" or "helpful" part of doing the job for the taxpayers.
1.7 City employees may accept food and drinks offered when working in emergency or charitable circumstances.
1.8 Group gifts to classes of city employees are permitted under this policy provided that 1) all the members of the class are provided with the same gift or gifts of approximately the same type and value and 2) the gift does not give the appearance of or have the potential to influence the way in which City business is conducted. A group is understood as an employment class (e.g., police, teachers, sanitation workers) and may not single out policy-making individuals within that group. Group gifts must be reported to the Mayor's office and will be a matter of public record.
1.9 This Executive Order provides for no criminal penalties, and, as such, does not supersede the City's gift ordinance. It does, however, deal with non-criminal measures and, as such, surpasses the ethical standard under the ordinance. If construed to be in conflict with the City Gift Ordinance (S.L.C.C. 2.44), the city ordinance takes precedence.
CURRENT REFERENCES: Conflict of Interest Policy 3.02.01; U.C.A. 10-3-1301, et seq., 67-16-1, et seq.; S.L.C.C. 2.44 and 2.52.170, et seq.
EFFECTIVE DATE: April 5, 2000
UPDATED: April 4, 2001
UPDATED: December 26, 2001
UPDATED: Signed by Mayor: February 24, 2004 (addition to Section 1.3, listing a few exemptions)