OFFICE OF THE GOVERNOR
Topeka
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| STATE OF KANSAS |
|
OFFICE OF THE GOVERNOR |
| State Capitol Topeka |
| ROBERT F. BENNETT Governor |
| BENNETT EXECUTIVE ORDER NO. 75-8 |
Executive Department State of Kansas Topeka, Kansas |
WHEREAS, the government of Kansas, as a representative democracy, is materially dependent upon the trust of its citizens to effectively serve the best interests of the state; and
WHEREAS, this trust is both affected and effected not only by the achievements of government but also by the conduct of public officials during the course of their tenure; and
WHEREAS, there is value to the public, to the public official and to government in the development of appropriate, workable and realistic standards of official conduct; and
WHEREAS, the conflict of interest law enacted by the 1974 Legislature attempted to create certain of these standards for all governmental officials; and
WHEREAS, the standards were amended by the 1975 Session leaving some questions in certain areas as to the propriety of a given act or course of action; and
WHEREAS, the opinion of the Attorney General on the propriety of certain conduct occurring prior to the effective
Robert F. Bennett
Executive Order No. 75-8
Page Two
date of the conflict of interest law may be misunderstood as it affects subsequent acts of a similar nature; and
WHEREAS, it is desirable to clarify and supplement the conflict of interest law as it relates to the individuals under the jurisdiction of the Office of the Governor to avoid confusion and to provide standards for action;
NOW, THEREFORE, it is deemed proper and expedient to establish supplemental standards of conduct by this Executive Order, to-wit:
1. All public officials will comply with the minimal standards specified in the Kansas Conflict of Interest Law. If a given course of conduct is contemplated and there is doubt as to its propriety under the law, a written opinion from the Ethics Commission should be sought and followed. If after receiving such opinion doubt still exists the same should be resolved against the course of conduct in question.
2. In addition to the prohibitions and restrictions set forth in the conflicts of interest law the following rules of conduct shall apply to executive officers and employees subject to the jurisdiction of the Governor's office:
A. Gifts
i. Public officials or employees shall not accept gifts or
gratuities of substantial value from persons or firms having
business with or appearing before such public official or
employee in quest of official action. For the purposes of
this subparagraph a substantial value is a value in excess of
$10.00. These prohibitions do not include (1) gifts from
relatives or from personal
Robert F. Bennett
Executive Order No. 75-8
Page Three
friends where there is no relationship to completed or
contemplated official action; (2) gifts made to or for the
benefit of the state, provided that any such gift should be
reported within five days after its receipt to the Secretary
of Administration, and from and after its receipt such gift
shall become the property of the State of Kansas; (3)
commemorative plaques or gifts of recognition, suitable
primarily for display.
ii. Whenever a series of gifts are made the total value
shall not exceed $10.00 in any given year.
iii. Gifts of less than $10.00 shall not be accepted if the
obvious intent is to influence official action.
B. Honorariums
i. From time to time public officers and employees may be
offered honorariums from third parties for speaking
engagements and seminars. A reasonable fee for time actually
expended in preparation or participation in the event may be
accepted so long as the official or employee is not also
being compensated for such time by the state and if the
person or association paying the honorarium does not have
business with the public official or employee or does not
appear before such public official or employee in quest of
official action.
Robert F. Bennett
Executive Order No. 75-8
Page Four
ii. If the public official or employee is being compensated
by the state for the time consumed, then any honorarium shall
be paid over to the state, provided, if the party offering
the honorarium has official business with the public officer
or employee, the honorarium shall be rejected in all events.
In both cases, ordinary and necessary expenses may be
retained by the recipient.
iii. Where question exists as to whether an honorarium may be
accepted, the matter shall be submitted to the Secretary of
Administration with a full explanation and a request for
instructions.
iv. Whenever an honorarium or expense payment has been
received, a full report shall be submitted to the Secretary
of Administration within five days after receipt unless the
recipient shall be away from his normal duty station more
than five days from receipt, in which case the report shall
be due within five days after return to his normal duty
station.
v. In no event shall a public officer of employee accept an
honorarium for the performance of any act required or
legitimately expected to arise out of the discharge of his or
her official duties.
Robert F. Bennett
Executive Order No. 75-8
Page Five
C. Entertainment
i. There is no prohibition against a public official or
employee being entertained by a third person or firm having
business with that official or employee as long as the
entertainment is reasonable and not so designed as to suggest
or encourage a commitment on the part of the public official
or employee. In determining whether or not entertainment is
reasonable, the size of the expenditure, the distance of the
place of entertainment from the place of official duty of the
state official or employee, the purpose of the entertainment
and common and accepted practices pertaining to entertainment
should be considered. Where questions remain, the Secretary
of Administration should resolve the issue of reasonableness
and a request of that resolution should be directed to his
office.
ii. Members of boards of commission having quasi-judicial
powers should comply with the judicial canons of ethics when
dealing with the parties of their representatives and should
not accept gifts or honorariums nor permit themselves to be
entertained by either the applicant or the respondent or
their attorneys.
Robert F. Bennett
Executive Order No. 75-8
Page Six
iii. Nothing herein contained should be construed to prohibit
or limit entertainment by personal friends or relatives where
there is no relationship between the entertainment and any
completed or contemplated official action.
iv. For the purpose of this order entertainment means the
providing of any function or activity at which the host is
present.
D. Representative Cases
A public official or employee shall not accept a
representative case before the agency of his employment nor
permit any person with whom he is associated, as provided in
K.S.A. 1974 Supp. 46-226, 227, 239, and 242 prior to
amendment, to accept such employment.
E. Contracts
All laws relating to contracts are applicable to this
executive order. In addition, the public official or employee
shall refrain from any involvement in the making, execution
or implementation of any contract with the state when such
official or employee has a private interest in the contract
separate and apart from his interest as a state official or
employee.
Robert F. Bennett
Executive Order No. 75-8
Page Seven
F. Political Contributions
Excluded from this Executive Order and its effect are
political contributions which shall be governed by applicable
law, including the Kansas Campaign Finance Act, K.S.A. 1972
Supp. 25-4101, et seq., as amended.
3. All public officials and employees will be expected to comply with the provisions of this order. Failure to do so may result in termination or other disciplinary action.
This document shall be filed with the Secretary of State as Executive Order No. 75-8.
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