the jurisdiction of the Office of the Governor to avoid confusion and to provide standards for action. State of NOW, THEREFORE, pursuant to the authority vested OFFICE OF THE GOVERNOR in me as Governor and chief of the State of Kansas, I hereby establish the following supplemental EXECUTIVE ORDER NO. 83-62 standards of conduct: RELATING TO PUBLIC OFFICERS (1) All public officers or employees will comply with the AND EMPLOYEES minimal standards specified in the Kansas Conflict of Interest AND THE CONFLICT OF INTEREST LAW Law. If a given course of conduct is contemplated and there is doubt as to its propriety under the law, a written opinion from

WHEREAS, the government of Kansas, as a repre- the Public Disclosure Commission should be requested and sentative , is materially dependent upon followed. If, after receiving such opinion, doubt still exists, the trust of its citizens to effectively serve the best the same should be resolved against the course of conduct in interest of the State; and question. .WHEREAS, such trust is effected not only by the (2) In addition to the prohibitions and restrictions set achievements of government but also by the conduct of forth in the Conflict of Interest Law, the following rules public officials during the course of their tenure; and of conduct shall apply to executive officers and WHEREAS, there is value to the public, to the employees subject to the jurisdiction of the Office of the public official and to government in the development of appropriate, workable and realistic standards of official Governor conduct; and (a) Gifts WHEREAS, the Conflict of Interest Law enacted by the 1974 Session of the of Kansas at- i. Public officers or employees shall not accept gifts tempted to create certain of these standards for all or gratuities of substantial value from persons or governmental officials; and firms having business with or appearing before WHEREAS, the standards subsequently amended by such public officer or employee in quest of official action. For the purposes of this subparagraph, a the Legislature left some questions in certain areas as to substantial value is a value in excess of $20.00. the propriety of a given act or course of action; and Such prohibitions shall not include: (1) gifts from WHEREAS, Executive Order No. 75-8 was issued by relatives or from personal friends where there is no the Governor to clarify the application of the Conflict of relationship to complete or contemplated official Interest Law as it applied to public officials, especially in action; (2) gifts made to or for the benefit of the light of a 1975 Opinion of the Attorney General; and State of Kansas, provided that any such gift should WHEREAS, the Legislature has subsequently be reported within five days after its receipt to the amended the Conflict of Interest Law, including Secretary of Administration, and from and after amendments enacted by the 1983 Session, which its receipt such gift shall become the property of changed some monetary limitations, definitions and other the State of Kansas; and (3) commemorative language; and plaques or trophies or gifts of recognition or WHEREAS, it is desirable to clarify Executive Order awards suitable primarily for display. No. 75-8 and to further supplement the Conflict of (continued Interest Law as it relates to the individuals under

ii. If a series of gifts or gratuities are made to a third person or firm having business with that public officer or employee by the same person or officer or employee, as long as the entertainment is reasonable and not so designed as to suggest or firm, the total value shall not exceed $20.00 in any encourage a commitment on the part of the public given calendar year. iii. Gifts of less than $20.00 officer or employee. In determining whether or shall not be accepted if the obvious intent is to not entertainment is reasonable, the size of the influence official action. expenditure, the distance of the place of (b) Solicitations entertainment from the place of official duty of the Public officers or employees shall not solicit any public officer or employee, the purpose of the economic opportunity, gift, loan, gratuity or entertainment and common and accepted special discount from any person or firm known to practices pertaining to entertainment should be have a special interest. This prohibition includes considered. Where questions remain, the matter such items as food and beverage, tickets to shall be submitted to the Secretary of athletic and cultural events and solicitation of Administration with a full explanation and a money to put on seminars and other meetings. request for instructions. Such prohibition shall not include the solicitation ii. Members of boards, committees or com- of space for meetings in local public buildings or missions having quasi-judicial powers should community centers. comply with the judicial canons of ethics (c) Honorariums when dealing with parties or their representa- i. From time to time public officers or employees tives, and should not accept gifts or honorariums may be offered honorariums from third parties for nor permit themselves to be entertained by either speaking engagements and seminars. A reasonable the applicant, the respondent, their fee for time actually expended in preparation or representatives or their attorneys. iii. Nothing participation in the event may be accepted so long contained herein should be construed to prohibit as the officer or employee is not also being or limit entertainment by personal friends or compensated for such time by the State of relatives when, there is no relationship between Kansas and if the person or association paying the entertainment and any completed or the honorarium does not have business with the contemplated official action. iv. For the purpose public officer or employee or does not appear of this Order, entertainment means the providing before such public official or employee in of any function or activity at which the host is quest of official action. present. ii. If the public officer or employee is being (e) Contracts compensated by the State of Kansas for the time All laws relating to contracts are applicable to consumed, then any honorarium shall be paid this Executive Order. In addition, the public over to the State; provided, however, if the party officer or employee shall refrain from any offering the honorarium has official business with involvement in the making, execution or im- the public officer or employee, the honorarium plementation of any contract with the State when shall be rejected in all cases. If the honorarium is such official or employee has a private interest in accepted, ordinary and necessary expenses may the contract separate and apart from their interest be retaind by the recipient. as a public officer or employee. iii. Where question exists as to whether an (f) Political Contributions honorarium may be accepted, the matter shall be Excluded from this Order and its effect are submitted to the Secretary of Administration with political contributions, which are governed by a full explanation and a request for instructions. applicable law, including the Kansas Campaign iv. Whenever an honorarium or expense Finance Act (K.S.A. 25-4101 et seq.) payment has been received, a full report shall be (3) All public officers and employees under the submitted to the Secretary of Administration jurisdiction of the Office of the Governor will be within five days after receipt; unless the recipient shall be away from his normal duty station more expected to comply with the provisions of this than five days from receipt, in which case the Order. Failure to do so may result in termination report shall be due within five days after return or other disciplinary action. to their normal duty station. v. In no event shall a On July 1, 1983, Executive Order No. 75-8 is hereby public officer or employee accept an honorarium superseded by this Order and the force and effect of for the performance of any act required or legitimately expected to arise out of the said Executive Order is hereby rescinded. discharge of his or her official duties. This document shall he filed with the Secretary of (d) Entertainment State as Executive Order No. 83-62, and shall become i. There is no prohibition against a public effective July 1, 1983. officer or employee being entertained by a Dated June 15, 1983. JOHN CARLIN Governor

Attest: JACK H. BRIER Secretary of State