Executive Branch Ethics CommitteeOpinions Issued
Executive Branch Ethics Committee Opinions indexed by subject matter, listed chronologically.
Opinions Indexed by Subject Matter
- Can a state law enforcement officer accept a firearm valued at approximately $700 that he won as a raffle prize at a work-related conference paid for by the employer that was open to members of a national alliance of state drug enforcement agencies, where each of the approximately 65 conference attendees, representing 33 states, was eligible for raffle prizes by virtue of his/her registration?
- Whether the delivery of a thank you such as food basket, flowers, or chocolates to a state agency, or an employee within the agency, constitutes a prohibited gift under RSA 15-B.
Can a state employee accept an item such as a faux leather notepad, t-shirt, or tote bag, that is given to each attendee at a work-related conference without violating the prohibition on gifts under RSA 15-B?
Can a state employee accept a $100 gift certificate to a restaurant that she won as a raffle prize at a work-related conference paid for by the employer that was open to public and private sector employees, where each conference attendee was given a raffle ticket as part of the registration materials?
- Whether an executive branch official who leads an agency can accept an all-expense paid 7-day trip to Israel, funded by the American-Israel Friendship League (AIFL), arranged through and with the participation of a national association of similarly situated officials without violating the prohibition against acceptance of gifts under RSA 15-B:3
- Can a state commissioner accept a complimentary ticket to a charity night preview of the New Hampshire Auto Show, valued at $75.00, that is offered by the New Hampshire Automotive Education Foundation, a 501(c)(3) charitable organization that is sponsoring the event, without violating the prohibition on gifts under RSA 15-B?
- If an executive branch employee has established a specialized program for the State of New Hampshire, and has been asked by another state to assist it to establish a similar program, can the executive branch employee receive payment to assist the other state develop its program, when the assistance is being provided while the employee is on vacation from his or her state employment?
- Can the Lottery Commission award Red Sox game tickets to state liquor store employees, as part of the Commission's sales incentive program, without violating the prohibition on gifts under RSA 15-B?
- Does a person who files a statement of financial interests listing one or more of the positions held which requires filing need to make an exhaustive list of all positions held, including statutory duties, which also requires a duty to file?
Does a person who files an annual statement of financial interests in January of any given year have a duty to re-file each time he or she is appointed to a new position during that calendar year? For example, is an agency commissioner who files a statement of financial interests in January, and who is appointed to sit on boards in March and June of that same year, required to again file statements of financial interests after the March and June appointments or does the "unless the person has previously filed …" language in RSA 15-A:6 only require the January filing?
When the law assigns to an official a duty to serve on a board or commission and gives that official the authority to designate a subordinate to sit in his or her stead, who has to file an RSA 15-A statement of financial interests?
- Can multiple gifts from a single source, each individually defined as "presumed to be of insignificant economic value" under RSA 15-B:2, V(a)(2), be accumulated but continue to fall outside the definition of "gift?"
- Are gift cards or gift certificates "gifts" as defined by RSA 15-B:2, V?
- May a member of an executive branch licensing board use his or her government title for commercial purposes, while that person is employed by, or in an appointed position for, the state?
- May members of the Comprehensive Cancer Plan Oversight Board vote on targeting of funds if their employer organization has submitted a response to a request for proposal?
May members of the Comprehensive Cancer Plan Oversight Board vote on targeting of funds if the organization that appointed the Board member has submitted a request for proposal, but the Board member is not employed by the appointing organization?
- May a department head or other supervisor within a prospective employee's chain of command participate, directly or indirectly, in the hiring of a family member?
- May an executive branch official, including board members of regulatory boards, whose duties include the inspection and/or regulation of a profession, hold a second job conducting or working for a business that teaches mandatory classes on the law, rules, or code that the official enforces, or coordinate or teach in a state-approved apprenticeship program?
- Do the ethics laws prohibit an executive branch official from participating in regulatory activities relative to a non-profit or charity when a spouse or dependant serves as a board member or is a paid employee of the non-profit or charity?
- Do the ethics laws prohibit an executive branch official directly involved in the regulation of charities or other non-profits from soliciting money on their behalf?
- Does the duty to file a statement of financial interests imposed by RSA 15-A apply to members of an informal advisory group who participate to provide expertise or to advocate for their own interests or those of their employers or organizations?
- Is receipt of a discount offered to all state employees by a business entity a prohibited gift?
- May an executive branch State employee attend a private small celebratory event sponsored by a private corporation, held to recognize private-public collaboration that lead to the adoption or defeat of proposed legislation?
- May an elected executive branch official vote on the confirmation of an individual nominated to an executive branch position when the elected official's campaign received a political campaign contribution from the nominee at the most recent election?
- Are members of a statutorily established executive branch advisory commission who are not appointed by the Governor, Governor and Executive Council, the President of the Senate, or the Speaker of the House required to file a statement of financial interest?
- Should a State employee who has agreed to go to work for a private corporation in several months recuse himself or herself from any matters involving that corporation while still employed by the State?
- May a state employee accept free transportation to an event that the employee is attending in his or her official capacity from a person who is employed by an entity regulated by his or her agency?
- Is it acceptable for a public official or a state employee to use Department/Agency letterhead to send an employment reference for a person who was not employed by, and who has not done work for, the Department/Agency?
- May a state employee who has earned frequent flyer mileage as a result of state reimbursed travel use the benefit for personal purposes?
- May a Department solicit sponsorship from regulated companies/persons for training to be conducted by the State?
- May a member of a professional licensing or regulatory board/commission who is a member of the regulated profession or who is otherwise subject to the regulations set by the board/commission vote on the adoption or amendment of such regulations without violating the conflict of interest prohibition of RSA 21-G:22?
New Hampshire Department of Justice
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