(a) The giving or receiving of food, lodging, or travel shall not be considered a gift in situations where:

1. (1) A public servant is appearing in his or her official capacity; and
2. (2) The appearance bears a relationship to the public servant’s office or position.

(b) For purposes of this rule, a public servant appears in an official capacity when the appearance:

1. (1) Arises solely because of the position held by the public servant;
2. (2) Would be subject to expense reimbursement by the agency with which the public servant is associated; and
3. (3) Involves matters which fall within the official responsibility of the public servant.

(c)

1. (1) For purposes of this rule, an appearance at an event bears a relationship to the public servant’s office or position when:

   1. (A) Such appearance furthers a purpose of the governmental body served by the public servant; and
   2. (B) The interest of such governmental body outweighs the likelihood that attending the event will improperly influence the public servant in the performance of his or her official duties and responsibilities.

2. (2) Factors to be considered in making a determination as to whether or not an appearance bears a relationship to a public servant’s office or position shall include, but not be limited to, the:

   1. (A) Nature of any pending matter affecting the interest of the person paying for the food, lodging, or travel;
   2. (B) Importance of the event to the governmental entity;
   3. (C) Significance of the public servant’s role in the event;
   4. (D) Timing of the event;
   5. (E) Identity of other expected participants; and
   6. (F) Cost of the public servant attending the event.
3. (3) If a public servant is invited to attend a purely social event with no or a de minimis nexus to the programs or operations of the governmental entity which he or she serves, then the public servant’s attendance would not bear a sufficient relationship to his or her office or position to meet the exception contained in subsection (a) of this section.