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2000 Alaska Attorney General Reports and Opinions 1 (2000)

handle is hein.sag/sagak0005 and id is 1 raw text is: MEMORANDUM State of Alaska Department of Law TO: The Honorable Bruce M. Botelho DATE: March 20, 2000 Attorney General FILE NO: 663-00-0156 TELEPHONE NO: (907) 465-4135 SUBJECT: AS 39.52.130 Gifts to Public Officers FROM: Janice Gregg Levy Assistant Attorney General You have asked for a summary of the Department of Law's (department's) interpretation and guidance regarding AS 39.52.130, gifts given to public officers. The Executive Branch Ethics Act (Ethics Act) provides as follows: A public officer may not solicit, accept, or receive, directly or indirectly, a gift, whether in the form of money, service, loan, travel, entertainment, hospitality, employment, promise, or in any other form, that is a benefit to the officer's personal or financial interests, under circumstances in which it could reasonably be inferred that the gift is intended to influence the performance of official duties, action, or judgment. AS 39.52.130 (a). If a public officer receives a gift with a value in excess of $150, and either the public officer may take or withhold official action that affects the giver or the gift is connected to the public officer's governmental status, then the public officer must inform his or her designated ethics supervisor of the gift within 30 days of its receipt. AS 39.52.130(b). The designated supervisor, who may seek guidance from the attorney general, determines whether acceptance of the gift is prohibited. AS 39.52.130(c). The requirement that the gift be disclosed does not establish that its receipt constitutes a violation; it simply triggers review and a determination by the designated supervisor. The department has consistently interpreted the phrase under circumstances in which it could reasonably be inferred as establishing a reasonable person standard. Thus, the department does not ask whether in fact the giver is trying to influence the public officer. See, e.g., 1999 Inf. Op. Att'y Gen. at 8 (223-98-0210; March 10) (inquiry does not hinge on any showing of actual intent); 1996 Inf. Op. Att'y

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