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August 2003
Legislators are desirable public speakers. Whether they're
invited to give an address at a local luncheon or sit on a panel at
a distant university, they must spend time preparing for and
traveling to speaking engagements. Should they be allowed to accept
money or gifts - known as honorariums - for their efforts? States
are about evenly divided on their answers and approaches.
Defining Honorariums
Delaware, Illinois, Maine, Nevada,
New Hampshire, Ohio, Oregon, Pennsylvania, Virginia and Washington
specifically define honorariums. A few states, such as Minnesota and
South Carolina, include honorariums in their definition of "gifts"
or "anything of value." The U.S. Office of Government Ethics defines
"honorarium" as payment or anything of value for a "...series of
appearances, speeches or articles if the subject matter is directly
related to the individual's official duties or the payment is made
because of the individual's status with the government."
States That Restrict Honorariums
Twenty-three states
prohibit honorariums if they are offered in connection with a
legislator's official duties. These statutes imply that legislators
can accept payments or gifts for services related to their private
profession, if that profession is not related to public duties. In
many cases, a travel reimbursement or honorarium received for
private professional services must be disclosed.
Several states restrict honorariums even further. At least two -
Alaska and Nevada - have capped compensation for private
professional engagements to the going rate for that particular
service in that profession. Oregon also forbids legislators' family
members from receiving honorariums for services connected to the
lawmakers' official duties. Ohio and Pennsylvania prohibit
honorariums, but allow legislators to receive items of "de minimus,"
or small economic value, such as plaques or trophies. Most states
that prohibit honorariums allow reimbursement for travel, lodging
and necessary expenses.
States That Allow Honorariums
Twenty-seven states either
allow honorariums or do not specifically address them in statutes.
These states typically allow honorariums, as long as they don't
influence a legislator's official duties. A few states, including
Georgia and New Mexico, allow honorariums only up to a certain
amount. At least 15 states that allow these gifts or payments
require policymakers to disclose them.
Pros and Cons
Proponents of allowing honorariums say they
are legitimate ways to acknowledge a legislator's knowledge, time
and effort. Most lawmakers work part-time in citizen legislatures,
and take home salaries that aren't meant to be living wages.
Honorariums help augment their incomes, they argue.
Those for restricting honorariums say giving speeches, writing
articles and participating in public policy discussions are part of
the legislative job description: Why should representatives be paid
twice for their official duties? Honorariums, opponents say, could
also look like bribes, regardless of a legislator's intent.
"Appearing to do wrong while doing right is really doing wrong,"
maintains Dennis Thompson, a political philosophy professor at
Harvard University. Honorariums, like any gifts to legislators, can
be negatively perceived even in states where they are legal.
Ethicists and political scientists generally agree that public
officials should avoid any action that might seem unethical to the
public, even if it is allowed by statute or rule. The mere
impression of impropriety and of courting favors can affect the
public's perception of government.
What Should Legislatures Do?
This is why the guide,
Ethical Standards in the Public Sector, suggests public officials
ask themselves certain questions before accepting an honorarium or
any gift:
- Am I being offered this because of my official government
position?
- Is anything expected in return either explicitly or
implicitly? Will I feel obligated in any way if I accept?
- Is anything expected in return either explicitly or
implicitly? Will I feel obligated in any way if I accept?
In developing statutes on honorariums, states have asked the
following questions:
- Should a legislator be paid for sharing expertise gained
through public office?
- Should the legislator accept payment for speeches and
appearances not related to his or her official capacity? Does that
make a difference?
- Are honorariums more acceptable if the legislator earns a low
salary for public service?
- If the legislator is not given an honorarium, is reimbursement
for travel expenses acceptable?
Legislators grapple with accepting payment for speeches, articles
and appearance, even if their state allows them to accept such
compensation. One lawmaker takes the money and donates it to
charity. Another puts it into a local scholarship fund. Still
another allows it to augment her income. Their decisions depend on
several factors, including the ethical culture of their home state.
View a full 50-state list of honorarium laws at the Center for
Ethics in Government's Web site at http://www.ncsl.org/ethics .
Selected References
Fain, Herbert. The Case for a Zero Gift Policy. Public
Integrity, Winter 2002: 61-69.
Patricia A. Salkin, ed., Ethical Standards in the Public
Sector.Chicago, Ill.: American Bar Association, 1999.
U.S. Office of Government Ethics.Prohibition of Honoraria.
5 CFR Part 2636, Washington, D.C., Aug. 25,
1998.
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