EAO 268

Waiver of a membership fee to a private club is a “benefit” for purposes of chapter 36 of the Penal Code. As a general rule, a candidate or officeholder could accept an offer to use the facilities of a private club for campaign or officeholder purposes. Such a contribution would not be permissible, however, if the club were incorporated. If a candidate or officeholder accepted the opportunity to use the facilities of a private club as a campaign contribution or an officeholder contribution, the candidate or officeholder could not use the facilities for personal purposes unrelated to his or her candidacy or to his or her duties or activities of office. If a state agency or office accepted the opportunity to use the facilities of a private club for state business, it would be a misuse of government resources for such opportunities accepted on behalf of the state to be used for personal or campaign purposes.