Article XXIX of the Colorado Constitution (commonly referred to as Amendment 41) establishes a "gift ban" that prohibits a member of the General Assembly (among other government officials and employees) from accepting a gift worth more than $65 from any one person in a given year. The Independent Ethics Commission (IEC) has stated that, in most circumstances, the acceptance of winnings in raffles, lotteries, and silent auctions is permissible. The IEC's PS 08-01 states that the acceptance of winnings in raffles, lotteries, or silent auctions is not a violation of the public trust, provided these contests are not rigged in favor of the public employee or official based upon his or her governmental status.
Acceptance of silent auction winnings
Your son's middle school does a silent auction fundraiser each year. You and your wife attended the event this year and placed a bid on an Aspen ski weekend that included a two-night stay at an upscale condominium and two lift tickets. You realize that the amount you bid was significantly less than the value of the auction item. To your surprise, however, you placed the highest bid on the item and won it!
May you accept the Aspen ski weekend that you won at the school's silent auction?
The information on this page is presented as an informational service only and should not be relied upon as an official record of action or legal position of the State of Colorado, the Colorado General Assembly, or the Office of Legislative Legal Services.