Here is the rule I had to live by in federal government, 5 CFR 2635.204:
(a) Gifts of $20 or less. An employee may accept unsolicited gifts having an aggregate market value of $20 or less per source per occasion, provided that the aggregate market value of individual gifts received from any one person under the authority of this paragraph shall not exceed $50 in a calendar year. This exception does not apply to gifts of cash or of investment interests such as stock, bonds, or certificates of deposit. Where the market value of a gift or the aggregate market value of gifts offered on any single occasion exceeds $20, the employee may not pay the excess value over $20 in order to accept that portion of the gift or those gifts worth $20. Where the aggregate value of tangible items offered on a single occasion exceeds $20, the employee may decline any distinct and separate item in order to accept those items aggregating $20 or less.
Heck, forget about post-government employment. As I understand it, we recently had a part-time city employee simultaneously working for a developer with matters before his department -- or at least, he had already accepted employment with that developer. And the only penalty appears to be that the city commissioners will now use him as a scapegoat for their bad judgment after he's off to L.A.
Anybody remember Saint Hatfield's Steuben glass figurines? "I thought they were worth $50," or something like that. Another big aerial tram [rim shot] fan.
Suppose I create a ABN for me, with a happy sounding foundation name, then solicit money for tickets to a thingy at the Oregon Convention Center where featured speakers come from the Oregon legislature. Are the ticket sales unearned income that I must report on my personal taxes? If I need only report the net over the cost of the space rental and advertising fees then can I alternatively donate the money from my own income, earned or otherwise, and obtain a full deduction on my reportable income for these costs? It would seem to follow, ipso facto.
I could seek a declaratory judgment, demanding to be treated in like manner to someone else. It would be to illuminate a public interest by demanding fairness in taxation in the face of such screwy gifts.
There is an arbitrary quality to such matters, involving potential criminal tax fraud claims.
Here is a real simple clean government rule to try:
1. NO campaign donor (direct or indirect) may receive any special considerations, government assets, or government money of any kind, after making said donation. (Include paychecks?)
2. No government money, or assets, may go to any group that lobbies, or influences public opinion. Except as an open market purchase at fair market value, by bidding if sizable.
Putting this into code language may be tricky, but potentially simpler than what we have now.
It would seem obvious that we wouldn't have to worry so much about the government if we got out of this false left-right paradigm and started to get serious about how the national government is aggregating power.
Citizens need to say "no" and snap out of the slave mentality even worse than government does. Every time the government creates a problem (terror blowback, inept hurricane response, etc), and the media coverage of the reaction pumps us full of fear, maybe we should say "no" and stop accepting their false solution of further centralization of power and budget increases. Stop accepting military troops deployed domestically, stop accepting gun confiscation, stop accepting federal grants with strings attached that further federalization, stop reelecting federal incumbents. Stop buying the staged left-right paradigm where each bought and paid for side whipsaws people into falsely divided interest groups and then sells them out.
Rosa Parks on the bus had the right idea. That's where ending the new "show me your papers" society starts.
Why should city --or any level of government-- employees take any gifts? We work for a salary to provide services equally to all, free of bias. "Gifts" have no place in the equation.
Unfortunately, with campaign contributions a form of "free speech", the rule of unbiased and equal provision of services gets turned on its head. Publically-financed campaigns are a response to this, though time will tell how well this really works, in our cynical world.
Reading in this morning's Oregonian that "about half" of our state legislators have family on the payroll...how easily we accept the small corruptions, and then are "shocked, shocked" when we're paying Bill Garrard's (R-Klamath Falls) wife $1,000 a month for legislative work she's doing, all the while living in Las Vegas.
Government employees don't need "gifts." If you want to work for tips, you can choose to work in the restaurant industry.
Nearly every state has something equivalent to Oregon's Equal Privileges and Immunities Clause, and it is not limited in application to a select set of classes as with the Fourteenth Amendment, limited also by the Commerce Clause. Simple, quit splitting economic classes to mete out reward and punishment, as law.
The problem with a total gift ban is that powerful special interests will always get money to politicians, period. Meanwhile, you stop those same politicians from accepting, for instance, cookies at a party thrown by a local Chamber of Commerce. There are also a TON of very legitimate friendships between people who are covered by ethics rules (I was when I was nonpartisan legislative staff) and people who are covered as lobbyists. I know many stories of people who literally could not give wedding gifts, baby-shower gifts, lunches... anything they'd normally give.
It sounds good, the absolutely-not-even-a-cup-of-coffee-shall-change-hands rule, but it gets very complicated.
Charamba, Douro 2008
Horse Heaven Hills, Cabernet 2010
Lorelle, Horse Heaven Hills Pinot Grigio 2011
Avignonesi, Montepulciano 2004
Lorelle, Willamette Valley Pinot Noir 2011
Villa Antinori, Toscana 2007
Mercedes Eguren, Cabernet Sauvignon 2009
Lorelle, Columbia Valley Cabernet 2011
Purple Moon, Merlot 2011
Purple Moon, Chardonnnay 2011
Abacela, Vintner's Blend No. 12
Opula Red Blend 2010
Liberte, Pinot Noir 2010
Chateau Ste. Michelle, Indian Wells Red Blend 2010
Woodbridge, Chardonnay 2011
King Estate, Pinot Noir 2011
Famille Perrin, Cotes du Rhone Villages 2010
Columbia Crest, Les Chevaux Red 2010
14 Hands, Hot to Trot White Blend
Familia Bianchi, Malbec 2009
Terrapin Cellars, Pinot Gris 2011
Columbia Crest, Walter Clore Private Reserve 2009
Campo Viejo, Rioja, Termpranillo 2010
Ravenswood, Cabernet Sauvignon 2009
Quinta das Amoras, Vinho Tinto 2010
Waterbrook, Reserve Merlot 2009
Lorelle, Horse Heaven Hills, Pinot Grigio 2011
Tarantas, Rose
Chateau Lajarre, Bordeaux 2009
La Vielle Ferme, Rose 2011
Benvolio, Pinot Grigio 2011
Nobilo Icon, Pinot Noir 2009
Lello, Douro Tinto 2009
Quinson Fils, Cotes de Provence Rose 2011
Anindor, Pinot Gris 2010
Buenas Ondas, Syrah Rose 2010
Les Fiefs d'Anglars, Malbec 2009
14 Hands, Pinot Gris 2011
Conundrum 2012
Condes de Albarei, Albariño 2011
Columbia Crest, Walter Clore Private Reserve 2007
Penelope Sanchez, Garnacha Syrah 2010
Canoe Ridge, Merlot 2007
Atalaya do Mar, Godello 2010
Vega Montan, Mencia
Benvolio, Pinot Grigio
Nobilo Icon, Pinot Noir, Marlborough 2009
Portuga, Rose 2011
Revelation, Chardonnay, Pays d'Oc 2010
Beaulieu, Cabernet, Rutherford 2005
Monte Alto, Tinto Reserva 2005
Chateau Ste. Michelle, Cabernet, Indian Wells 2009
Espiral, Vinho Rose
Vin-Koru, Pinot Gris 2011
14 Hands, Hot to Trot Red 2009
Rodney Strong, Cabernet, Sonoma 2009
Abacela, Vintner's Blend #11
Portuga, White 2010
La Bourgeoisie, Red 2009
Januik, Red 2009
Three Rivers, River's Red 2008
Kirkland, Alexander Valley Merlot 2008
Muga, Rioja Rose 2010
Quinta das Amoras, Vinho Tinto 2009
Mauro Molino, Barbera d'Alba 2009
Garda Chiaretto Rose
Columbia Crest, Two Vines Vineyard 10 White
Chateau Ste. Michelle, Pinot Gris, Columbia Valley 2009
L'Hortus, Rose de Saignee 2010
Maculan, Pino & Toi 2008
McKinley Springs, Bombing Range Red 2008
Trader Joe's Pinot Gris 2009
Montes Alpha, Cabernet 2007
Gran Sasso, Sangiovese, Terre di Chieti 2009
Garda, Classico Chiaretto Rose
Beaulieu, Cabernet, Rutherford 1999
Picos del Montgo, Tempranillo 2008
Chateau de Montmirail, Vacqueyras 2008
La Granja 360, Syrah 2009
Montgras, Carmenere Reserva 2009
Lange, Pinot Gris 2009
Columbia Crest, Horse Heaven Hills Cabernet 2008
Kirkland, Pinot Grigio 2010
Trader Joe's Coastal Syrah 2009
Columbia Crest, Horse Heaven Hills Merlot 2008
Trader Joe's Coastal Chardonnay 2009
Vieux Papes Red
Domaine de l'Aujardiere, Chardonnay 2009
Santa Rita, Cabernet, Medalla Real 2007
Penfold's, Koonunga Hill Shiraz Cabernet 2008
Guild, Red, Lot #02 2008
Dievole, Dievolino Sangiovese 2008
Laforet, Burgogne Chardonnay 2009
Columbia Winery, Merlot 2007
Bonterra, Cabernet 2008
Elk Cove, Pinot Gris 2009
Maquis Lien 2006
Scott Paul, Pinot Noir, Le Paulee 2007
The Occasional Book
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt
Road Work
Miles run year to date: 21
At this date last year: 52
Total run in 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269
Comments (10)
Here is the rule I had to live by in federal government, 5 CFR 2635.204:
(a) Gifts of $20 or less. An employee may accept unsolicited gifts having an aggregate market value of $20 or less per source per occasion, provided that the aggregate market value of individual gifts received from any one person under the authority of this paragraph shall not exceed $50 in a calendar year. This exception does not apply to gifts of cash or of investment interests such as stock, bonds, or certificates of deposit. Where the market value of a gift or the aggregate market value of gifts offered on any single occasion exceeds $20, the employee may not pay the excess value over $20 in order to accept that portion of the gift or those gifts worth $20. Where the aggregate value of tangible items offered on a single occasion exceeds $20, the employee may decline any distinct and separate item in order to accept those items aggregating $20 or less.
Posted by Travis | January 15, 2006 11:28 PM
Speaking of the Joint Ethics Regulation, you should read Chapter 9, Post-Government Service Employment, also found in 5 CFR 2637.
The City of Portland could adopt something like this...
Posted by Travis | January 15, 2006 11:31 PM
Heck, forget about post-government employment. As I understand it, we recently had a part-time city employee simultaneously working for a developer with matters before his department -- or at least, he had already accepted employment with that developer. And the only penalty appears to be that the city commissioners will now use him as a scapegoat for their bad judgment after he's off to L.A.
Posted by Jack Bog | January 15, 2006 11:55 PM
Anybody remember Saint Hatfield's Steuben glass figurines? "I thought they were worth $50," or something like that. Another big aerial tram [rim shot] fan.
Posted by Jack Bog | January 15, 2006 11:57 PM
Suppose I create a ABN for me, with a happy sounding foundation name, then solicit money for tickets to a thingy at the Oregon Convention Center where featured speakers come from the Oregon legislature. Are the ticket sales unearned income that I must report on my personal taxes? If I need only report the net over the cost of the space rental and advertising fees then can I alternatively donate the money from my own income, earned or otherwise, and obtain a full deduction on my reportable income for these costs? It would seem to follow, ipso facto.
I could seek a declaratory judgment, demanding to be treated in like manner to someone else. It would be to illuminate a public interest by demanding fairness in taxation in the face of such screwy gifts.
There is an arbitrary quality to such matters, involving potential criminal tax fraud claims.
Posted by Ron Ledbury | January 16, 2006 12:09 AM
Here is a real simple clean government rule to try:
1. NO campaign donor (direct or indirect) may receive any special considerations, government assets, or government money of any kind, after making said donation. (Include paychecks?)
2. No government money, or assets, may go to any group that lobbies, or influences public opinion. Except as an open market purchase at fair market value, by bidding if sizable.
Putting this into code language may be tricky, but potentially simpler than what we have now.
Thanks
JK
Posted by jim karlock | January 16, 2006 1:11 AM
It would seem obvious that we wouldn't have to worry so much about the government if we got out of this false left-right paradigm and started to get serious about how the national government is aggregating power.
Citizens need to say "no" and snap out of the slave mentality even worse than government does. Every time the government creates a problem (terror blowback, inept hurricane response, etc), and the media coverage of the reaction pumps us full of fear, maybe we should say "no" and stop accepting their false solution of further centralization of power and budget increases. Stop accepting military troops deployed domestically, stop accepting gun confiscation, stop accepting federal grants with strings attached that further federalization, stop reelecting federal incumbents. Stop buying the staged left-right paradigm where each bought and paid for side whipsaws people into falsely divided interest groups and then sells them out.
Rosa Parks on the bus had the right idea. That's where ending the new "show me your papers" society starts.
Posted by F*** D.A.R.E. | January 16, 2006 2:00 AM
Why should city --or any level of government-- employees take any gifts? We work for a salary to provide services equally to all, free of bias. "Gifts" have no place in the equation.
Unfortunately, with campaign contributions a form of "free speech", the rule of unbiased and equal provision of services gets turned on its head. Publically-financed campaigns are a response to this, though time will tell how well this really works, in our cynical world.
Reading in this morning's Oregonian that "about half" of our state legislators have family on the payroll...how easily we accept the small corruptions, and then are "shocked, shocked" when we're paying Bill Garrard's (R-Klamath Falls) wife $1,000 a month for legislative work she's doing, all the while living in Las Vegas.
Government employees don't need "gifts." If you want to work for tips, you can choose to work in the restaurant industry.
Posted by Frank Dufay | January 16, 2006 8:57 AM
Nearly every state has something equivalent to Oregon's Equal Privileges and Immunities Clause, and it is not limited in application to a select set of classes as with the Fourteenth Amendment, limited also by the Commerce Clause. Simple, quit splitting economic classes to mete out reward and punishment, as law.
Posted by Ron Ledbury | January 16, 2006 8:58 AM
The problem with a total gift ban is that powerful special interests will always get money to politicians, period. Meanwhile, you stop those same politicians from accepting, for instance, cookies at a party thrown by a local Chamber of Commerce. There are also a TON of very legitimate friendships between people who are covered by ethics rules (I was when I was nonpartisan legislative staff) and people who are covered as lobbyists. I know many stories of people who literally could not give wedding gifts, baby-shower gifts, lunches... anything they'd normally give.
It sounds good, the absolutely-not-even-a-cup-of-coffee-shall-change-hands rule, but it gets very complicated.
Posted by Linda | January 17, 2006 6:46 AM