Ethics Opinion Search

December 4, 1997

Opinion No. 1997-49

Arthur L. Morin
Assistant Professor
Fort Hays State University
600 Park St
Hays, Kansas 67601-4099

Dear Mr. Morin:

This opinion is in response to your letter of September 15, 1997, in which
you request an opinion from the Kansas Commission on Governmental Standards
and Conduct concerning the state level conflict of interest laws (K.S.A.
46-215 et seq.). We note at the outset that the Commission's jurisdiction
is limited to the application of K.S.A. 46-215 et seq., and whether some
other statutory system, common law theory or agency rule and regulation
applies to your inquiry is not covered by this opinion.

FACTUAL STATEMENT

We understand you request this opinion in your capacity as an Assistant
Professor with Fort Hays State University. You advise us that you are in
charge of selecting textbooks to be used in your class. Publishers often
send you free copies of books to look at before you make your selection,
and desk copies of books and newspapers used in your classroom are usually
supplied to you free of charge. The Commission's staff was notified by
telephone that your position is in the unclassified service of the Kansas
civil service act, and your salary is not subject to direct approval by the
Governor.

QUESTIONS

1. Is it a violation for you to keep copies of books sent to you by
publishers who want you to then order the books for your classroom?

2. Is it a violation for you to receive a free desk copy of newspapers and
books used in your classroom?

OPINION

Because you are in the unclassified service and your salary is not subject
to direct approval by the Governor, K.S.A. 46-237, rather than Section 4 of
HB 2064 found in Chapter 155 of the 1997 Session Laws of Kansas, applies to
your questions. K.S.A. 46-237(a) in pertinent part states:


Opinion No. 1997-49
December 4, 1997
Page 2



"(a) No state officer or employee...shall accept, or agree to
accept any economic opportunity, gift, loan, gratuity, special
discount, favor, hospitality, or service having an aggregate
value of $40 or more in any calendar year from any one person
known to have a special interest, under circumstances where such
person knows or should know that a major purpose of the donor is
to influence such person in the performance of their official
duties or prospective official duties."

K.S.A. 46-237(c) states:

"No person licensed, inspected or regulated by a state agency
shall offer, pay, give or make any economic opportunity, gift,
loan, gratuity, special discount, favor, hospitality, or service
having an aggregate value of $40 or more in any calendar year to
such agency or any state officer or employee, candidate for state
office or state officer elect of that agency."

In applying this language to your questions, since you make the decisions
on which textbooks are to be used in your classroom, each publisher would
have a "special interest" in you. In addition, the books and newspapers
are being provided to you in order to influence you in the performance of
your official duties in selecting books and newspapers. Therefore, you
could not accept these items as your personal property. However, since
your university does not license, inspect or regulate the publishers, you
could accept the items on behalf of the state and have them become state
property.

Sincerely,



Diane Gaede, Chairwoman

By Direction of the Commission

DG:WCS:dlw