Lawmakers Not Permitted to Accept Bobblehead Dolls from ALS Association

The Daily News reports that lawmakers have been told to return to the ALS Association Lou Gehrig bobblehead dolls that the association gave them because the bobbleheads could be deemed to be in violation of the state’s ban on gifts to public officials.

The dolls could present a couple of problems under the state’s gift laws.

First, the dolls have been resold on eBay for as much as $40, which means that they are not excluded from the gift ban as being “promotional items with no substantial resale value.”

Second, the ALS Association letter that accompanied the bobblehead dolls thanking lawmakers for their support of a resolution honoring the creator of the ALS Ice Bucket Challenge, and noting that the organization is seeking a grant from the state. Thus, this gift could be viewed as a quid pro quo or as reward for the lawmakers’ taking some official action for the group.

In the article, two lawmakers and a representative of a good government group make light of the situation, and one points out that lawmakers are able to receive large campaign contributions, but not a bobblehead doll.

While my sense is that non-profits such as the ALS Association have probably done little (if anything) to contribute to the perception that unethical activity is rampant in Albany, this situation highlights the potential pitfalls that the state’s gift ban can pose to the unwary organization.