SUMMARIES OF SELECTED STATEMENTS
H. MINISTRY OF ECCLESIASTICAL AFFAIRS
No statements on cases concluded in 2017 have been published.
I. MINISTRY OF CULTURE
The following statement on a case concluded in 2017 has been published:
2017-2. Invitations etc. to public employees were to be considered
under the rules on acceptance of gifts – a legitimate purpose was
a prerequisite for attendance
Following a previous Ombudsman case (Case No. 2015-4) concerning the
circumstances under which employees were permitted to accept free tickets for
events, the Ombudsman reviewed the gift policy of the Ministry of Culture in
relation to acceptance of invitations, free tickets etc.
In the Ombudsman’s opinion invitations, free tickets etc. received by public
employees in connection with their work were to be considered individually
and in accordance with the general principles of administrative law on acceptance of gifts and other benefits. This meant that invitations, free tickets etc.
could not generally be regarded as given to the authority as such. If attendance
of events served a legitimate purpose, such as official supervision of adherence
to a contract, employees were permitted to accept such invitations etc.
During its dialogue with the Ombudsman, the Ministry of Culture adjusted
its gift policy. The Ministry also explained the special circumstances characterising its area of work. On that basis, the Ombudsman found no cause to
take further action in relation to employees also being able to attend an event
both because of the necessity of keeping up to date in their field of work and
for representative reasons (the latter due to expectations by external parties
that they attended).
With regard to the question whether employees were permitted to bring a
private companion, the Ombudsman agreed with the Ministry of Culture that
this was not possible if an employee attended an event solely for the purpose
of carrying out specific work activities or because of the necessity of keeping
up to date. In the light of the circumstances, the Ombudsman found no cause
to take further action in relation to employees in certain cases being able to
bring a private companion to events which they attended also for representative reasons.
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