SCDOT has Ethics Commission brief employees

Since the end of 2006, the SCDOT has been held under the microscope both by the public and by the Executive Branch of the state government. 

To make things clear on what is ethically correct and what is not, the SCDOT had Cathy Hazelwood of the South Carolina Ethics Commission speak SCDOT staff members. 

ACEC-SC has an interest in this because many of our firms deal daily with the SCDOT, and ACEC-SC and the SCDOT have a partnering commitment.

Hazelwood went over the basic dos and don’ts as written in the “The Ethics, Government Accountability, and Campaign Reform Act of 1991.”  This act directly relates to Lobbyist/Lobbyist’s Principals, Rules of Conduct, Financial Disclosure, and Campaign Practices.

 Under this umbrella ACEC-SC is directly related because ACEC-SC is a Lobbyist Principal, represented by ACEC-SC Lobbyist and Executive Director Joe S. Jones.   Lobbying is defined in the EGA & CRA of 1991 as direct communication meaning to take legislative action.  This means face-to-face, calling, or setting up a meeting in order to discus legislative action.  Though most lobbying does take place at the state house with the General Assembly, this definition also applies to state agencies county councils, city councils, or any entity that has legislative influence.  Since ACEC-SC is a lobbyist principal action taken when dealing with the SCDOT or any state agency, must follow the rules laid out in the EGA & CRA of 1991.
 
ACEC-SC cannot buy any state employee anything, but ACEC-SC member firms are not held to this rule.  Though a firm may be a member of an organization that is a lobbyist principal, the firm is not considered a lobbyist principal, unless the firm registers themselves as a lobbyist principal.

Most of responsibility for reporting rests with DOT employees.  The questions that have come up in the last few months are most easily answered by asking the question: “Is ACEC-SC inviting the state employee, or is an individual firm inviting the state employee.”  If ACEC-SC invites the state employee to an event or lunch, then the state employee must pay for the event.  On the other hand, if a firm invites a state employee, the state employee must disclose the event to which he or she was invited to his superior.  The employee may have to keep a record of events he/she attended at the invitation of companies if the employee did not pay.

Certain State employees are required to disclose anything of value, meaning lunch, coffee, conference, etc. where they did not pay.  Therefore, a dollar value should be established for them to disclose; so, if an employee comes to a meeting at your firm and is fed, an approximate amount for the lunch should be available.  This goes for anything of value.  There is a $55.00 a day limit for anything that an employee must disclose and no more. 

SCDOT employees have the responsibility of knowing and understanding the ethical responsibility.  The most basic rule to remember is a Lobbyist Principal, in our case ACEC-SC, can give nothing to a state employee; unless the state employee is a speaker, then they may be reimbursed. 

The SCDOT may draft its own guidelines, which could be more limiting than the state law.

There are other rules and regulations that were discussed in the meeting, but all of these relate only to the SCDOT employees. 

The one thing stated many times to DOT employees was, if you have a question about an action being ethically correct under the state law call the Ethics commission.