‘COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S OFFICE OF GENERAL COUNSEL CONFIDENTIAL AND PRIVILEGED ATTORNEY-CLIENT COMMUNICATION DATE: October 30, 2015 TO: Governor’s Office Cabinet and Agency Heads FROM: Denise J. Smyler a General Counsel RE: Pennsylvania Society Weekend and Gift Ban This memorandum is intended to serve as a reminder of the Executive Branch Employee and Official Gift Ban, Executive Order 2015-01, and to provide general guidance related to the Pennsylvania Society weekend, December 11 - 13, 2015. A copy of the Gift Ban is attached for ‘your reference. The Gift Ban prohibits employees and officials from soliciting or accepting gifts, inoluding but not limited to meals, hospitality and entertainment, from any entity subject that seeks of has a relationship with the Commonwealth, is regulated by the Commonwealth, is involved in litigation before ot against the Commonwealth or a person who has interests that may be substantially affected by the performance or nonperformence of the official duty of an employee. Most, if not all, of the event sponsors at the Pennsylvania Society weekend are covered by the Gift Ben, Therefore, commonwealth employees and officials must pay the event sponsors the market value of their participation in any event held by an entity subject fo the Gift Ban. Event sponsors are aware of the Gift Ban, and some of them already are assisting officials and employees by including event cost information in their invitations. When accepting an invitation to an event, officials and employees should obtain the cost of the event from the host. It is pteferable to make payment in advance. All employees and officials who attend events must be able to demonstrate their compliance with the Gift Ban. Maintain careful records of yout participation, Obtain receipts from event sponsors or, at a minimum, pay by personal check and retain a copy of the cancelled check for your records. 225Main Capito Buldig| Hersburg, PA 17120 717.772.4255 | Fax 717.772.3155 | iru ogc.pa.covPA Society Weekend and Gift Ban Page Two October 30, 2015 Officials and employees who violate the, Gift Ban are subject to discipline up to and including dismissal Gift Ban Exceptions — Attendance with Family Membe Officials end employees may accept something of monetary value from a fiiend, parent, spouse, child or other close relative under circumstances that make it clear the relationship with the official or employee, and not his/her Commonwealth employment, is the reason for the gift. For example, a Commonwealth official may attend events as the guest of the official's spouse, who is a corporate executive attending various functions throughout the weekend, Be mindful of possible conflicts of interest and do not attend events which could pose an actual or perceived conflict of interest. (Example: A DEP official may attend Pennsylvania Society Weekend activities with his spouse, who is a govemnment relations professional; however, because DEP regulates activities of the shale gas industry, he would not attend an event sponsored by a shale drilling company or its association to avoid any question of a conflict of interest.) Please seek the advice of your chief counsel if you have any questions, Reimbursoment of Expenses ‘The Commonwealth will not pay for or reimburse officials or employees for these costs, as atiendance at the Pennsylvania Society weekend is not a job-related event or work in furtherance of their official duties. Use of Leave ‘Those employees and officials who eam leave and will be absent fiom the office during a work day to attend the Pennsylvania Society are to take either annual or personal leave. Conflicts of Interest Regardless of whether the Gift Ban is implicated, remember to avoid actual, apparent, or potential conflicts of interest at all times, Questions Ifyou have any questions or require additional information, please contact your agency chief counsel for guidance. Aitachment cc: Deputies Secretary for Administration Agency Human Resources Directors Agency Chief Counsel