No state officer or employee shall accept any gift for himself or herself or for his or her family member from any vendor or vendor’s agent that is selling or attempting to sell goods or services to the state officer or employee’s agency if the state officer or employee is engaged in purchasing decisions designed to determine the vendor that will sell the goods or services to the agency. As used in this section, “engaged in purchasing decisions” shall mean performing functions in the purchasing process for purchases in excess of Fifty Thousand Dollars ($50,000.00), including but not limited to participation (a) in preparation of requests for proposals, bid specifications or similar documents, or (b) in review and evaluation of proposals, bids or similar responses, or (c) in recommendations for selection of successful proposals or bids or other similar awards or (d) in approval of requisitions for purchase. It shall not apply to persons performing only nondiscretionary or clerical functions. This prohibition shall not apply to the state officer or employee’s family member if the gift is given for a bona fide reason unrelated to the state officer or state employee’s status as a state officer or employee and the state officer or employee receives no direct benefit from the gift.
Promulgated by Ethics Commission January 10, 2014; effective upon Legislature’s sine die adjournment May 23, 2014; operative January 1, 2015.