§ 1-01 Valuable Gifts.
RCNY § 1-01
(a)What is a Valuable Gift.
(1)For the purposes of Charter § 2604(b)(5), a "valuable gift" is any gift to a public servant that has a value of $50.00 or more, whether in the form of money, service, loan, travel, entertainment, hospitality, promise, or item of value in any other form.
(2)For the purposes of Charter § 2604(b)(5), a "valuable gift" does not include: i. An unsolicited discount available to the general public, all government employees, or all City employees. ii. A prize from raffles or giveaways made available irrespective of whether the participants are public servants and where participation in the raffle or giveaway does not use City resources or identify the participant as a public servant. iii. Free attendance at labor union conferences and events, and any attendant meals or refreshments, offered by such union for the purposes of conducting union business. iv. Travel expenses paid by a prospective employer for a public servant to interview for a position, provided that the travel expenses are reasonable, the trip is no longer than necessary to complete the interview, and the public servant complies with City Charter § 2604(d)(1).
(3)For the purposes of Charter § 2604(b)(5), two or more gifts to a public servant will be considered a single gift if they are given to the public servant within a twelve-month period by the same person or persons who the public servant knows or should know are: i. family members of one another; or ii. directors, trustees, or employees of the same firm or affiliated firms.
(b)Definitions. As used in this section: (1) The term "family member" means: i. a spouse, domestic partner, child, grandchild, parent, sibling, and grandparent; ii. a parent, child, or sibling of a spouse or domestic partner; and iii. a spouse or domestic partner of a parent, child, or sibling.
(c)Gifts from Family Members or Close Personal Friends. For the purposes of Charter § 2604(b)(5), a public servant may accept gifts that are customary on family or social occasions from a family member or close personal friend who the public servant knows is or intends to become engaged in business dealings with the City, when: (1) it can be shown under all relevant circumstances that it is the family or personal relationship rather than the business dealings that is the controlling factor; and (2) the public servant's receipt of the gift would not result in or create the appearance of: i. using their office for private gain; ii. giving preferential treatment to any person or entity; iii. losing independence or impartiality; or iv. accepting gifts or favors for performing official duties.
(d)For the purposes of Section 2604(b)(5) of the Charter, a public servant may accept awards, plaques and other similar items which are publicly presented in recognition of public service, provided that the item or items have no substantial resale value.
(e)Meals and Refreshments at Meetings. For the purposes of Charter Section 2604(b)(3) and Charter Section 2604(b)(5), a public servant may accept free meals or refreshments otherwise prohibited as valuable gifts at a meeting attended in the course of and for the purpose of conducting City business, provided that: (1) the public servant did not solicit the meal or refreshments; (2) the meal or refreshments are available to all participants without charge; (3) the meal or refreshments are not separable from the meeting at which the City business is being conducted; and (4) the meeting at which the City business is being conducted was not scheduled for the purpose of obtaining the meal or refreshments.
(f)For the purposes of Section 2604(b)(5) of the Charter, a public servant may: (1) accept meals or refreshments when participating as a panelist or speaker in a professional or educational program and the meals or refreshments are provided to all panelists; (2) be present at a professional or educational program as a guest of the sponsoring organization; (3) be a guest at ceremonies or functions sponsored or encouraged by the City as a matter of City policy, such as, for example, those involving housing, education, legislation or government administration; (4) attend a public affair of an organization composed of representatives of business, labor, professions, news media or organizations of a civic, charitable or community nature, when invited by the sponsoring organization, provided that this exception does not apply when the invitation is from an organization which has business dealings, as defined in Section 2601(8) of the Charter, with, or a matter before, the public servant's agency; (5) be a guest at any function or occasion where the attendance of the public servant has been approved in writing as in the interests of the City, in advance where practicable or within a reasonable time thereafter, by the employee's agency head or by a deputy mayor if the public servant is an agency head.
(g)For the purposes of Section 2604(b)(5) of the Charter, a public servant who is an elected official or a member of the elected official's staff authorized by the elected official may attend a function given by an organization composed of representatives of business, labor, professions, news media or organizations of a civic, charitable or community nature, when invited by the sponsoring organization. For the purpose of this subdivision, the authorizing elected official for the central staff of the council is the speaker of the council.
(h)Travel and Travel-Related Expenses.
(4)A public servant may not accept compensation for personal use from a common carrier for the voluntary or involuntary surrender of a seat on a trip taken for a City purpose. A public servant offered compensation for the surrender of the seat must: i. request the compensation offered be issued in a form payable or transferable to the City; and ii. transfer such compensation to the City.
(5)A public servant may accept and use vouchers for food, accommodations, and ground transportation offered by a common carrier in connection with delayed City travel, provided that the public servant does not use his or her City position to obtain additional compensation from the common carrier.
(6)A public servant may accumulate reward points or frequent flyer miles for personal use while traveling on City business, provided that the public servant does not make a travel selection based on receiving or increasing frequent reward points or flyer benefits that result in additional expense to the City.
(7)For the purposes of this subdivision, agency head approval must be by the head of the agency served by the public servant, or by a deputy mayor if the public servant is an agency head. A public servant who is an elected official, including a District Attorney, is the agency head for the public servants employed by the official's agency or office. A public servant who is an elected official, including a District Attorney, may provide agency head approval for himself or herself.
(i)Gifts to Enhance Employee Morale.
(j)Donations for Personal Emergencies.
(k)Gifts Between Public Servants.
(l)Disposition of Impermissible Gifts.
(m)Compatibility with Other Laws.
