Monday, January 09, 2017

Greitens' first executive order- No more lobbyist gifts to executive branch employees

(From Gov. Eric Greitens)

Today, in his first act as Governor of the State of Missouri, Eric Greitens signed Executive Order 17-02 that bans gifts from lobbyists to state employees of the executive branch. He also closed the revolving door between the Governor’s office and lobbyists.
“We promised in the campaign that we were going to do different. We promised that we were going to clean up the culture of corruption in Jefferson City…As Governor, I will always hold myself and my team to the highest possible standard,” Governor Greitens declared.
The full text of the Executive Order 17-02 is below.
WHEREAS, Missourians deserve a state government that acts ethically and with integrity; and
WHEREAS, state employees of the executive branch should be held to the highest ethical standards; and
WHEREAS, state employees of the executive branch must work solely to benefit the people of Missouri and not to personally benefit from the public work with which they have been entrusted; and
WHEREAS, state employees of the executive branch must avoid the appearance of any conflict of interest that might call into question whether work is for the public good or for personal gain, and thereby undermine public trust in government; and
WHEREAS, this administration will lead by example in order to fundamentally change the culture in Jefferson City and throughout all of state government.
NOW THEREFORE, I, ERIC R. GREITENS, GOVERNOR OF THE STATE OF MISSOURI, by virtue of the authority vested in me by the Constitution and laws of the State of Missouri, do hereby order:
1. No State Employee of the executive branch shall knowingly solicit or accept any gift from a lobbyist.
2. No Office of the Governor Employee shall, after the termination of his or her employment, act as an executive lobbyist during the Greitens administration.
3. No State Employee of the executive branch shall participate in a proceeding or decision in which the State Employee’s impartiality might be reasonably questioned due to the State Employee’s personal or financial relationship with a participant in the proceeding.
4. No State Employee of the executive branch shall enter into or derive any benefit, directly or indirectly, from any contractual arrangement with the State of Missouri or any State Agency, which interferes with the conscientious interference of the employee's official duties.  
5. Any State Employee of the executive branch that violates this Order is subject to disciplinary action, up to termination of employment.
6. As used in this Order:
a. “Executive Lobbyist” shall use the definition provided in Section 105.470(2), RSMo.
b. “Gift” means anything of value, including, but not limited to, food, lodging, transportation, personal services, gratuities, subscriptions, memberships, trips, loans, extensions of credit, forgiveness of debts, or advances or deposits of money.  “Gift” does not include (i) unsolicited tokens or awards of appreciation, honorary degrees, or bona fide awards in recognition of public service in the form of a plaque, trophy, desk item, wall memento, and similar items, provided that any such item shall not be in a form which can be readily converted to cash; (ii) sample merchandise, promotional items, and appreciation tokens, if they are routinely given to customers, suppliers, or potential customers or suppliers in the ordinary course of business; (iii) gifts, devises, or inheritances from family members; (iv) gifts from other State Employees; (v) gifts from personal friends where it is clear that the gift is motivated by personal friendship and not by the State Employee’s position; or (vi) meals, lodging, transportation or other benefits resulting from the business or employment activities of a State Employee’s spouse when it is clear that such benefits have not been offered or enhanced because of the State Employee’sposition.
c. “Lobbyist” shall use the definition provided in Section 105.470(6), RSMo.
d. “Office of the Governor Employee” shall mean any employee who is employed by the Governor’s Office and not by a State Agency.
e. “State Agency” shall use the definition provided in Section 536.010(8), RSMo.
7. This Order shall provide guidance to State Employees of the executive branch in matters of employment-related conduct. 
a. This Order is not intended to fully prescribe the proper conduct of employees and the failure to prohibit an employee action in this Order does not constitute approval of the action.
b. This Order is intended as a supplement to the provisions in law that govern employee conduct, and in no instance does it decrease the requirements in law.
c. State Agency heads are responsible for promoting and enforcing this Order among the employees of their agencies in accordance with their respective agency procedures, and shall supplement it with additional provisions to meet the needs their agencies.
d. This Order is intended to provide guidance for employment related conduct and is not intended to create any right or benefit enforceable by law.
e. No State Agency or appointing authority shall discharge, threaten or otherwise retaliate against an employee for reporting in good faith any violation of this Order.
f. In applying this Order to specific situations, the standard to be used is that of a reasonable person having knowledge of the pertinent circumstances.
8. This Order shall supersede any previous executive order that is inconsistent with the terms contained herein.

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