Utah Legislature: Governor's ethics policy expands list of gift exceptions

Gov. Gary Herbert's new ethics policy expands the list of exceptions to banned gifts to allow executive branch employees to accept tickets and travel to events related to their jobs.

The governor announced in his first annual State of the State speech Tuesday night he signed an executive order that "reaffirms and clarifies" ethics guidelines originally set by former Gov. Jon Huntsman Jr.

His action is "a reminder that the executive branch, which already had strict ethics guidelines in place, is continuing to make improvements on ethics issues," Herbert spokeswoman Angie Welling said Wednesday.

She said the new policy "strengthens the gift ban by prohibiting employees from benefiting either 'directly or indirectly' through gifts to family members and friends" and further clarifies what constitutes a gift.

The policies of both governors do ban gifts, prohibit conflicts of interest in hiring and awarding contracts and require former employees to wait two years before lobbying the government.

But Herbert goes beyond Huntsman's list of what doesn't count as a gift under the ban — items such as low-cost meals, trinkets, funeral flowers or attendance at events sponsored by other government entities.

Now state employees also can accept admittance and travel to "widely attended events that are related to governmental duties." The travel must "result in financial savings" to the state under the new policy.

"The intent in drafting this order was to address any situations that could reasonably arise and avoid future conflict," Welling said. "Unfortunately, the term 'gift' isn't as black and white as some would like it to be, so we thought it was best to be as thorough as possible."

She said the policy now makes it clear governors don't need to purchase a ticket to a sporting event if they're requested to attend to participate in ceremonial duties.

Huntsman's acceptance of University of Utah basketball tickets is an example, Welling said, because "his presence, as governor, was requested by the university." Huntsman was given tickets worth $150 for a March 2009 game, according to the university's financial disclosure statement.

Herbert's own trip to watch his son-in-law play in Canada's Grey Cup football championship game in Vancouver last November is different, Welling said, "as it was clearly a personal, family event."

University of Utah political science professor Matthew Burbank questioned the new exceptions.