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A Night at the Opera ... But Not with a Lobbyist
By Joni Hoffman, League General Counsel
You may have recently read media accounts regarding the Fiesta Bowl and some of its activities that have come under legal scrutiny. Some elected officials'
conduct has also been scrutinized with respect to the receipt of free travel and possibly free tickets to football games. One of the laws that is getting these
elected officials into hot water also applies to mayors and council members, so it is advisable to have a general working knowledge of these laws. The first call
that should be made if there are any questions about what is proper is to the city attorney. This is very important, because a knowing violation of this law is a
criminal offense. The earlier the advice from an attorney is sought, the better the chances of staying within the requirements of the law.
The state law at issue is called the Entertainment Ban. This law prohibits certain public officials, including mayors and council members, from accepting
entertainment expenses from a lobbyist who is compensated for their lobbying. Entertainment expenses include tickets to a sporting or cultural activity or
payment for participating in a cultural or sporting activity. For example, a mayor or council member should not accept a ticket to a Suns game or to the opera
from a lobbyist for compensation. Also, a mayor or council member should not allow a lobbyist for compensation to pay for the mayor or council member to play a
round of golf.
While there is an exception to the Entertainment Ban for legislators if all members of the Legislature, either house of the Legislature or all members of a
committee are invited, this exception does not apply to cities and towns. The only exception applicable to cities and towns is the one that allows entertainment
expenditures incidental to a speaking engagement. An interesting anomaly in the law is that it does not apply to city and town staff. However, there may be a
city or town ordinance or personnel rules that apply to staff.
In light of the recent spotlight on possible wrongdoing by statewide public officers, changes to these and other related statutes may be proposed by the
Legislature during the next legislative session. The League staff will be closely monitoring potential legislation and its effect on city and town mayors and
councils.
For a more in-depth look at this issue, as well as many others related to ethical conduct in office, please see the League publication called "You as a Public
Official." It is available on the League's website under the Publications tab. Or, click here to view the
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League of Arizona Cities and Towns
1820 W. Washington St.
Phoenix, AZ 85007
Phone: 602-258-5786
Fax: 602-253-3874
http://www.azleague.org
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