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Lobbyists yawn at guv's ethics rule
This is an archived article that was published on sltrib.com in 2007, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

In front of his chief advisers, lawmakers and a statewide television audience, Gov. Jon Huntsman Jr. vowed in his annual State of the State address to hold the executive branch to "a higher standard."

Nearly one month later, Huntsman has signed an executive order restricting employees from accepting gifts, becoming lobbyists or hiring family members. The order does not impact legislators.

"This policy establishes clear boundaries of ethical guidelines that the public expects of government employees," Huntsman said.

But the gift ban the governor promised during his Jan. 16 speech and what he put his name to Wednesday are two different things.

Lobbyists are not exactly sweating the new provisions.

Two prominent lobbyists, who discussed the executive order on condition they not be identified out of concern it could harm their employers, said they believe it will have little, if any impact on the way business is done.

Both said the Legislature has more strict lobbying restrictions and pointed out that lobbying is regularly done over free meals.

During his speech, Huntsman said: "From this point on, I am asking for a complete ban on gifts to any executive branch employee."

While the executive order does ban gifts, it also includes 10 exemptions, among them are "meals of limited value," gifts from personal friends and mementos of nominal value. The gift restrictions do not apply to family members of state employees.

The order does not define terms such as, limited or nominal value. But Huntsman's spokesman Mike Mower said lunches worth $15 or less and dinners worth $30 or less would be acceptable.

In contrast, legislators can accept gifts of any value, but any gift costing more than $50 must be disclosed in a public report.

Senate President John Valentine said he supports the Legislature's "bright line" gift policy over Huntsman's "subjective" restriction.

"I like the bright line because then people know if they have stepped over it or not," he said.

Lawmakers have routinely rejected calls for a gift ban. Such a bill, sponsored by House Minority Leader Ralph Becker, passed a House committee but has not come up for a vote on the floor. Its chance of passage, even with a variety of exemptions, appears small.

Becker faces strong opposition from high placed Republican lawmakers who brush aside more disclosure or a total gift ban for fear that they will be the subject of news media accounts that cast them in a bad light.

Draper Republican Sen. Howard Stephenson also says strengthening ethics laws for the sake of perception is not the way to govern.

But that is exactly what Huntsman is doing. Mower said the executive order is in no way a reaction to any ethics breaches.

The order itself says: "Compliance with a strong ethics policy protects public employees from any perception of wrongdoing."

Public opinion polls have consistently show Utah voters don't want lawmakers to accept gifts from lobbyists.

Huntsman's order also restricts all executive branch employees from lobbying their colleagues or anyone else in the executive branch for two years after they leave government service.

"The revolving door system whereby employees quit working with an agency one day and go to work the next day lobbying their former place of employment is counterproductive to building trust in public service," Huntsman said in a statement.

The "revolving door" policy does not stop former executive branch employees from lobbying legislators, who have repeatedly blocked similar proposals.

Valentine calls the revolving door policy, even limited as it is to the executive branch, the most substantive portion of Huntsman's ethics plan.

The order includes a "nepotism" clause, which requires employees to recuse themselves from decisions that may benefit a family member, whether in the hiring process or in a contract negotiation.

Huntsman previously banned nepotism involving nine senior staff members after receiving criticism for placing his executive assistant's father in charge of the state's international trade and diplomacy department.

In mid-2005, Huntsman asked Layne Palmer, who had previously managed an auto parts store, to step down from the trade post.

The order broadens Huntsman's internal nepotism policy to include all executive branch employees.

Anyone found violating the executive order could face consequences ranging from a written reprimand to losing his or her job.

mcanham@sltrib.com

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