No free pass on tickets

Panel: Buying at face value is gift

Legislators will have to pay more than face value for Razorback football tickets because of new state ethics laws, according to state officials.

During a meeting of the Arkansas Ethics Commission, the commissioners adopted an advisory opinion which states that lawmakers cannot buy football tickets without also making a required donation to the Razorback Foundation.

A lobbyist with the University of Arkansas at Fayetteville, Randy Massanelli, posed the question to the commission after passage last year of Amendment 94.

The amendment extended term limits for lawmakers; barred them from accepting certain gifts from lobbyists, including food and drinks in one-on-one meetings; prohibited direct campaign contributions from unions and corporations to elected state officials; and created a citizens commission to increase the salaries of elected state officials.

On Friday, the chairman of the commission, William Bird, expression satisfaction that the question of Razorback tickets was resolved.

"Looking at it, you would think that purchasing a ticket at face value shouldn't be seen as a special gift, but in reality, to obtain tickets like that, more is required. You have to give a donation," Bird said. "The true value of the tickets that have been given to legislators exceeds face value. I think the opinion matches up with the law and the reality."

Massanelli asked the commission if the sale of the tickets at face value was a gift under the new ethics standards, or if lawmakers could continue to acquire seats that are available to season ticket holders only with the additional cost.

The advisory opinion, crafted by Ethics Commission attorney Jill Barham, said that the waiver of fees or a donation does qualify as a gift and that lawmakers should pay full price if obtaining tickets from lobbyists or from a group that has a lobbyist, which UA does have.

To obtain tickets, season-ticket holders have to make donations ranging from $50 to more than $20,000, depending on the quality of the seating.

"The amount one donates affects his or her 'membership level.' The amount paid towards your annual contribution will affect a person's ability to seek out the most highly desirable seating and the largest number of tickets," the opinion states.

"If the University is selling the tickets and is waiving the membership level contribution, the Commission concludes that waiving such contribution constitutes 'something of value.'"

The opinion added: "In other words, waiver of such a fee.... would certainly [fall] within ... the definition of 'gift.'"

Metro on 05/16/2015

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