Dear Mayor:

A number of Mayors have requested some guidance with regard to gifts or other benefits offered to public officials and the application of state laws that prohibit such gifts or other benefits.

The offer or acceptance of gifts or other benefits that may be given to influence a public servant's official behavior is a crime in New Jersey. If the gift or benefit has a value of over $200.00, it is a crime of the second degree. If the gift or benefit has a value of under $200.00, it is a crime of the third degree. There is an exception for "trivial benefits," the receipt of which involve no risk that the public servant would perform official duties in a biased or partial manner. [See NJSA 2C:27-10]

The problem is that it is extremely difficult to define the term "trivial." What one person considers trivial, another person might consider a violation of the law. There are no guidelines and there has been nothing issued from the Attorney General's office that would provide guidance to the County Prosecutors or to public officials. Thus, a public official who receives a gift or benefit worth $200.00 would most certainly be in violation of the statutes, but the problem arises in addressing gifts or benefits worth less than that amount.

Every evaluation of a specific situation will depend on the facts of that particular situation, but it appears clear that public officials need to exercise caution with respect to gifts and other benefits. One basis for evaluation would be to ask whether the gift or benefit is (1) trivial and (2) would be given to you if you were not in an official position where you have the power to have an impact on the donor of the gift or benefit.

We hope that this is of assistance in bringing the issues to your attention. Please remember, however, that the League can not give you specific legal advice. We urge you to consult your own attorney on the issues raised here.

If you have any questions or concerns about this communication, please contact Deborah M. Kole, Staff Attorney, at the League, ex. 37. or at dkole@njslom.com.