ETHICS LEGISLATION

On the following pages is a summation of the provisions and prohibitions of Wyoming Statute
Title 9, Chapter 13. Also included is a list of specific questions and the City Attorneys opinion
regarding these issues.
DATE:

December 5, 2004

MEMO TO:

Honorable Mayor and Members of City Council

Thomas O. Forslund, City Manager
Linda Witko, Assistant City Manager
All Department Heads

FROM:

William C. Luben, City Attorney

SUBJECT:

Wyoming Ethics Legislation

W.S. 9-13-101 through 109

ISSUES
In regard to the City, the Wyoming Ethics Legislation only applies to a public official or local
officer which is defined as the mayor or a city councilman. W.S. 9-13-102(a)(vii) and (xiv).
Following is a summation of the provisions and prohibitions of this legislation. Also following is
a list of specific questions which I was asked regarding this and my opinion regarding these issues.
LAW
No local official shall use his office or position for his private benefit. W.S. 9-13-103(a). Private
benefit is defined as receipt of a gift which results from holding of the office. W.S. 9-13-103(b).
A gift is defined as anything of value to the extent that consideration of equal or greater value is
not given. W.S. 9-13-102(a)(vi). There are a list of exceptions to the definition of gift which
can be received. These are roughly as follows:
1. Printed informational, educational or promotional material. W.S. 9-13-102(a)(vi)(A).

2. A gift which is not used and is returned within 30 days to the donor or delivered to a charitable
organization and not claimed as an income tax charitable contribution. W.S. 9-13-102(a)(vi)(B)
3. A gift or inheritance from:
A. a spouse;
B. an individuals child, parent, grandparent, brother, sister, parent-in-law, brother-in-law,
sister-in-law, nephew, niece, aunt, uncle, or first cousin;
C. the spouse of any individual listed in subdivision B above;

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D. any person (including an organization) which has a social or private business relationship
with the local official where the motivation for the gift arises out of the relationship and not
form the recipients holding office;
E. any person (including an organization) where the gift results from the recipients holding
office, is of nominal value and is made in recognition of a special occasion such as marriage,
illness or retirement. W.S. 9-13-102(a)(vi)(C).
4. A certificate, plaque or commemorative token or item valued at less than $250.00. W.S. 913-102(a)(vi)(D).
5. Food and beverage. W.S. 9-13-102(a)(vi)(E).
6. Compensation, per diem, and other payments or benefits which the public official receives
in the performance of services for the governmental entity. W.S. 9-13-102(a)(vi)(F).
7. Any loan, gift, gratuity, special discount or hospitality with a value of $250.00 or less.
HOWEVER, please note that pursuant to W.S. 6-5-102, bribery is committed if a public servant
solicits, accepts, or agrees to accept any pecuniary benefit, (being property with a value $20.00 or
more, or food, drink, or entertainment authorized as a proper deductible expense for income tax
purposes which exceeds $100.00 per year), testimonial, or privilege, or personal advantage upon
an agreement or understanding that his vote, exercise of discretion, or other action as a public
servant will thereby be influenced. Violation of this section can result in imprisonment for not
more than 10 years, and/or a fine of not more than $5,000.00.
8. Travel, registration and lodging for any conference or meeting while attending in his
official capacity as a public official.
In addition, this legislation also includes the following prohibitions:
1. No public official may advocate for, employ, supervise, appoint, promote, transfer, discipline
or advance a family member to an office or position of the state, a county, municipality, or
school district. W.S. 9-13-104
2. A public official shall not use public funds, time, personnel, facilities or equipment for his
private benefit or that of another unless authorized by law. Nor shall he use public resources
for a political campaign unless it is authorized by law or properly incidental to another activity
required or authorized by law. In this event the local official is to allocate and reimburse the
City for any additional costs incurred for the portion of the activity not required or authorized
by law. No public official is to disseminate any official information which he obtains through
or in connection with his position unless the information is available to the general public or the
dissemination of the information is authorized by law. W.S. 9-13-105.
3. A public official may not vote or take any action on a matter affecting someone with whom the
public official is negotiating for prospective employment. W.S. 9-13-107.
Any violation of this act is a misdemeanor punishable by a fine of not more than $1,000.00. W.S.
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 9-13-109(a). Further, a violation of the act constitutes sufficient cause for removal of the
public official from office.

Specific Situations
1. Councilman receives a cup of coffee while visiting a business office as part of the duties of
the office. This is legal based on W.S. 6-5-101(a)(iv) which exclude from the definition of gifts:
(A) Property with a value of less than $20.00; and
(B) Food, drink or entertainment authorized as a deductible income tax expense up to $100.00 per
year;
2. The editor of the local paper asks the Mayor to lunch to discuss City business. Editor pays
for lunch. My opinion is this is legal for the same reasons as #1.
3. The City holds a retirement party for a Councilman with food and beverages provided by
the City. My opinion is this is legal W.S. 9-13-102(a)(vi)(E) excludes food and beverage from
the definition of gift, and it clearly is not being given as a solicitation for a favorable vote on an
issue.
4. The City holds a retirement party for an employee with food and beverages provided by
the City. This is legal since municipal employees are not covered by this law.
5. The City hosts an employee Christmas breakfast by providing the facilities, food and
beverages. My opinion is this is legal for the same reasons as stated in #4.
6. Councilmen receive tee shirts with the logo of an event printed on it. My opinion is this is
legal under W.S. 9-13-102(a)(vi)(A) which excludes printed informational, educational, or
promotional material from the definitions of gift.
7. The City Managers office is contacted regarding providing personnel, training materials
and recognition awards to promote the United Way. Again, City employees are not covered
by the new ethics law. Therefore, my opinion is this is legal.
8. Candy is sent to the office of the Mayor for Christmas. This candy is set out for the general
public to consume in the Managers office. If the gift is worth less than $20.00, my opinion is
that it is clearly within the exceptions set forth in W.S. 6-5-102(a)(iv)(A)(see #1). However, if
this is worth more than $20.00 it is a closer call. There is a very good argument (and my opinion
is) that this is an exception and is not a gift under W.S. 9-13-102(a)(vi)(D)(E) as long as it is not
worth over $250.00.

Summation
The new law does not address much which existing City codes do not. However, with respect to
meals, etc., some gray areas may arise. If a question comes to your mind concerning any situation
please do not hesitate to contact the City Attorneys office for further guidance.
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