[House Report 114-381]
[From the U.S. Government Publishing Office]
House Calendar No. 81
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-381
_______________________________________________________________________
IN THE MATTER OF ALLEGATIONS
RELATING TO REPRESENTATIVE JARED POLIS
__________
R E P O R T
of the
COMMITTEE ON ETHICS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 15, 2015.--Referred to the House Calendar and
ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
59-006 PDF WASHINGTON : 2015
COMMITTEE ON ETHICS
CHARLES W. DENT, Pennsylvania LINDA T. SANCHEZ, California
Chairman Ranking Member
PATRICK MEEHAN, Pennsylvania MICHAEL E. CAPUANO, Massachusetts
TREY GOWDY, South Carolina YVETTE D. CLARKE, New York
SUSAN W. BROOKS, Indiana TED DEUTCH, Florida
KENNY MARCHANT, Texas JOHN B. LARSON, Connecticut
REPORT STAFF
Thomas A. Rust, Chief Counsel/Staff Director
Patrick M. McMullen, Director of Investigations
Clifford C. Stoddard, Jr., Counsel to the Chairman
Daniel J. Taylor, Counsel to the Ranking Member
Kathryn Lefeber Donahue, Counsel
Molly N. McCarty, Investigative Clerk
LETTER OF TRANSMITTAL
----------
House of Representatives,
Committee on Ethics,
Washington, DC, December 15, 2015.
Hon. Karen L. Haas,
Clerk, House of Representatives,
Washington, DC.
Dear Ms. Haas: Pursuant to clauses 3(a)(2) and 3(b) of Rule
XI of the Rules of the House of Representatives, we herewith
transmit the attached report, ``In the Matter of Allegations
Relating to Representative Jared Polis.''
Sincerely,
Charles W. Dent,
Chairman.
Linda T. Sanchez,
Ranking Member.
CONTENTS
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Page
I. INTRODUCTION.....................................................1
II. PROCEDURAL BACKGROUND............................................2
III. HOUSE RULES, LAWS, REGULATIONS, AND OTHER STANDARDS OF CONDUCT...2
IV. BACKGROUND.......................................................4
A. REPRESENTATIVE POLIS' APPEARANCE IN THE RIOT GAMES
VIDEO.............................................. 4
B. REPRESENTATIVE POLIS' PARTICIPATION IN A CLOTHING
EVENT WITH NINOX................................... 7
V. FINDINGS.........................................................9
VI. CONCLUSION......................................................10
VII. STATEMENT UNDER HOUSE RULE XIII, CLAUSE 3(c)....................10
APPENDIX A: REPORT AND FINDINGS OF THE OFFICE OF CONGRESSIONAL
ETHICS (Review No. 15-6333).....................................11
APPENDIX B: REPRESENTATIVE POLIS' RESPONSE TO THE OFFICE OF
CONGRESSIONAL ETHICS REFERRAL..................................295
House Calendar No. 81
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-381
======================================================================
IN THE MATTER OF ALLEGATIONS RELATING TO REPRESENTATIVE JARED POLIS
_______
December 15, 2015.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Dent, from the Committee on Ethics,
submitted the following
R E P O R T
In accordance with House Rule XI, clauses 3(a)(2) and 3(b),
the Committee on Ethics (Committee) hereby submits the
following Report to the House of Representatives:
I. INTRODUCTION
On October 30, 2015, the Board of the Office of
Congressional Ethics (OCE) transmitted to the Committee a
Report and Findings (OCE's Referral) relating to Representative
Polis. OCE reviewed allegations that Representative Polis'
activities with two businesses could be perceived as official
endorsements of those businesses and that he used official
resources in promoting the businesses. In one case,
Representative Polis appeared in a video produced and
distributed by Riot Games, the company that produces the video
game League of Legends.\1\ In the second, Representative Polis
participated in a clothing event with Ninox Designs, LLC
(Ninox), a menswear company in his district, and publicized the
event.
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\1\See Riot Neon, ``Jared Polis: Community Congressman,'' available
at http://na. leagueoflegends.com/en/news/community/community-
spotlight/jared-polis-community-
congressman.
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OCE found that there was substantial reason to believe that
Representative Polis engaged in activities that could be
perceived as endorsements of Riot Games and Ninox and that he
used official resources in promoting the businesses, in
violation of federal law and House Rules. For that reason, OCE
recommended that the Committee further review these
allegations.
The Committee did further review the allegations. Following
its review, the Committee concluded that Representative Polis'
participation in the Riot Games video and the Ninox event did
not violate any law or House Rules regarding official
endorsements or the use of official resources for the promotion
of a business endeavor.
Accordingly, the Committee unanimously voted to dismiss
this matter, adopt this Report, and take no further action.
Upon publication of this report the Committee considers the
matter closed.
II. PROCEDURAL BACKGROUND
OCE undertook a preliminary review of this matter on June
27, 2015. On July 27, 2015, OCE initiated a second-phase
review. By a split vote of four to two, on October 23, 2015,
the OCE Board voted to refer the matter to the Committee and
adopt the Findings. The Committee received the OCE Referral on
October 30, 2015 and received supplementary information from
OCE on November 4, 2015.
The Committee reviewed all of the materials provided to it
by OCE, as well as a response from Representative Polis. In
addition, the Committee requested that Ninox voluntarily
provide information regarding Representative Polis'
participation in the clothing event. Ninox cooperated with the
Committee's review and provided documents and other information
to the Committee. In total, the Committee reviewed 2,369 pages
of materials, including interview transcripts of seven
witnesses and Representative Polis, Representative Polis'
response to the OCE Referral, and the information from Ninox.
On December 11, 2015, the Committee unanimously voted to
dismiss this matter, adopt this Report, and take no further
action with respect to Representative Polis.
III. HOUSE RULES, LAWS, REGULATIONS, AND OTHER STANDARDS OF CONDUCT
Federal law requires that appropriations ``shall be applied
only to the objects for which the appropriations were made . .
.''\2\ Consistent with this prohibition, the House Ethics
Manual explains that Members of the House are prohibited from
using official resources for any private purpose.\3\ House
resources acquired with appropriated funds include office
phones, computers and other equipment, office supplies, office
space, and staff on official time.\4\ Social media accounts are
also an official resource if they are established by a Member
or the Member's office to communicate information as a part of
the Member's representational or legislative duties and Member
and staff time is used to maintain the accounts.\5\
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\2\31 U.S.C. Sec. 1301.
\3\House Ethics Manual (2008) [hereinafter Ethics Manual] at 335
(discussing 31 U.S.C. Sec. 1301 and House Rule XXIV). The Ethics Manual
does not create independent duties outside of the rules and other
standards discussed therein.
\4\Id. at 197.
\5\Committee on House Administration, Members' Congressional
Handbook (2015) at 27.
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The House Office Building Commission has also adopted
regulations regarding the use of House offices and other
facilities. Those regulations ban commercial solicitation for
products or services, and the display or distribution of
commercial advertising, among other things, in House offices
and other House spaces.\6\
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\6\House Office Building Commission, Rules and Regulations
Governing the House Office Buildings, House Garages and the Capitol
Power Plant (Feb. 1999), para.4.
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General ethics principles also restrict how Members, acting
in their official capacity, may interact with commercial
enterprises. As the Ethics Manual explains, Members are
frequently approached by individuals or organizations seeking
assistance for business undertakings.\7\ It states, ``obtaining
information for constituents regarding government contracts and
services, as well as helping them deal with government
regulations, is an important aspect of a Member's
representational duties.''\8\ The Code of Ethics for Government
Service, however, requires that any person in government
service ``never discriminate unfairly by the dispensing of
special favors or privileges to anyone, whether for
remuneration or not; and never accept, for himself or his
family, favors or benefits under circumstances which might be
construed by reasonable persons as influencing the performance
of his government duties.''\9\
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\7\Ethics Manual at 349.
\8\Id. at 349-50.
\9\Code of Ethics for Government Service, 72 Stat., Part 2, B12
(1958), H. Con. Res. 175, 85th Cong.
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In providing guidance regarding these standards, the Ethics
Manual further cautions that when conducting casework for
constituents and participating in privately-sponsored events
involving commercial entities, Members must avoid becoming too
closely affiliated with such entities, in order to avoid any
appearance that they are accruing benefits by virtue of
improper influence exerted from their position in Congress, or
are dispensing special favors.\10\ It states, ``in
participating in a privately-sponsored event a Member must take
care to avoid any action that may be perceived as an
endorsement of the private sponsor.''\11\ The Ethics Manual
also says that Members and employees should undertake for one
individual or business no more than they would be willing to do
for others similarly situated.\12\
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\10\Ethics Manual at 350.
\11\Id.
\12\Id.
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When a Member has determined that they wish to recognize an
individual or business, they should also be mindful of the
content of that recognition. In general, when responding to
requests for support, Members and staff should draft
communications so that they do not lend themselves to
misinterpretation as an official endorsement from the
Congress.\13\ Moreover, where such recognition may be made in
an official government document, the regulations of other
entities, such as the Franking Commission or Joint Committee on
Printing, may apply.\14\ The Ethics Manual notes that while it
is appropriate for a Member to insert remarks in the
Congressional Record that ``publicly . . . congratulate a local
business for achieving an award or celebrating a significant
anniversary,'' in making such remarks, ``Members should refrain
from overtly commercial promotions.''\15\
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\13\Id.
\14\Id. at 325-26.
\15\Id. at 326.
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Finally, House Rule XXIII, clauses 1 and 2 state that ``[a]
Member . . . of the House shall behave at all times in a manner
that shall reflect creditably on the House,'' and ``shall
adhere to the spirit and the letter of the Rules of the House .
. . '' (emphasis added).
IV. BACKGROUND
A. REPRESENTATIVE POLIS' APPEARANCE IN THE RIOT GAMES VIDEO
Representative Polis appeared in a web-based video produced
by Riot Games, the developer of a free, online video game
called ``League of Legends.''\16\ Representative Polis is a
self-described ``gamer'' and has played League of Legends for
many years.\17\ While League of Legends is free to download and
play, players may purchase virtual items within the game
through ``micro-transactions,'' such as buying ``skins''' to
dress a character or unlocking a particular character.\18\
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\16\OCE's Referral, Ex. 1 at 3.
\17\Id., Ex. 3 at 2.
\18\Id., Ex. 1 at 3; see also Ex. 2 at 5.
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The video that features Representative Polis is part of a
series of videos produced by Riot Games' Marketing Department
called the ``Queuing Up project'' (Queuing Up).\19\ The goal of
Queuing Up is to improve player retention and lapsed player
reactivation by increasing positive player sentiment around the
League of Legends community.\20\ The videos feature League of
Legends players who have interesting stories to tell.\21\ One
video profiles a professional chef that creates video game-
themed food and runs a YouTube channel with videos about video
game themed recipes.\22\ Other videos in the project feature
couples who were brought together by League of Legends and
college students that organize play at their schools.\23\ Riot
Games' Brand Manager told OCE that the goal of the project is
not to attract new players or advertise the in-game products
players could buy, but to have a positive impact on perceptions
of the game within the League of Legends community.\24\ The
Brand Manager explained that the longer a player is happy and
interested in the game, the more likely they are to keep
playing the game and spend money.\25\ Riot Games spent
approximately $25,000 on the video featuring Representative
Polis. That amount was a fraction of Riot Games' 2015 budget
for the Queuing Up project as a whole.
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\19\Id., Ex. 1 at 9.
\20\Id., Ex. 4.
\21\Id., Ex. 1 at 9.
\22\Id.
\23\Id., Ex. 2 at 12-13.
\24\Id., Ex. 1 at 7.
\25\Id.
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Riot Games chose to feature Representative Polis in a video
as a part of Queuing Up because he is well known in the League
of Legends community.\26\ He played an active role in opposing
the Stop Online Piracy Act (SOPA) and Preventing Real Online
Threats to Economic Creativity and Theft of Intellectual
Property (PROTECT IP) Act (PIPA).\27\ In 2012, Representative
Polis participated in an online forum for League of Legends
players to educate the community about SOPA and PIPA.\28\
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\26\Id., Ex. 1 at 9.
\27\Id. at 9-10.
\28\Id., Ex. 3 at 4-5.
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On October 28, 2013, Riot Games contacted Representative
Polis' congressional office by email to express its interest in
creating what it described as a ``human interest piece'' on
Representative Polis.\29\ In that email, Riot Games' Brand
Manager explained that Riot Games was looking to ``capture and
share more positive, human stories of fun, talented,
competitive and responsible individuals who also just happen to
be part of our player base.''\30\ After Representative Polis
agreed to be featured in the video, he participated in a
preliminary call with Riot Games staff.\31\ Representative
Polis' congressional staff prepared a short memo briefing
Representative Polis before the call.\32\ The memo described
the call as the beginning stage of a ``special human interest
piece'' that would eventually be a ``video documentary'' about
a ``yet-to-be-determined inspiring element'' of Representative
Polis' career.\33\ The memo also included a link to a
previously-produced video as an example of what Riot Games was
proposing to produce about Representative Polis.\34\ That video
was a short documentary film, not produced by Riot Games, which
profiled the life of a young man who became a quadriplegic
after an accident and is now a film editor. Just before the
filming of the video, Representative Polis participated in a
second call with Riot Games.\35\ Representative Polis'
congressional staff scheduled both calls and the times for
filming the video.\36\
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\29\Id., Ex. 6.
\30\Id.
\31\Id., Ex. 1 at 20.
\32\Id., Ex. 9.
\33\Id.
\34\Id.
\35\Id., Ex. 1 at 20.
\36\Id., Ex. 12.
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Riot Games filmed at Representative Polis' home in Colorado
on December 15, 2013.\37\ They also filmed in Washington, D.C.
on February 24 and 25, 2014.\38\ In both sessions, they
captured video of Representative Polis and interviewed him.\39\
Riot Games sent Representative Polis' staff a preview of the
video before it was released.\40\ Representative Polis and his
staff did not recall whether he reviewed the video before its
release.\41\
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\37\Id.
\38\Id.
\39\Id., Ex. 1 at 23-25.
\40\Id., Ex. 10 at 9-10.
\41\Id., Ex. 3 at 17; Ex. 10 at 9-10.
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On April 27, 2015, Riot Games released the four minute and
twenty second video featuring Representative Polis on its
YouTube channel and on the League of Legends forums.\42\ The
video features shots of Washington, D.C., including
Representative Polis at his desk in the Longworth House Office
building and walking around the Capitol. It also features
footage of him and his partner playing League of Legends at
their home in Colorado.
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\42\Id., Ex. 14 at 2.
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The video is narrated with quotes from Representative
Polis. He introduces himself as a Member of the House of
Representatives from the Second Congressional District of
Colorado.\43\ He discusses his biography, his love for playing
video games, specifically League of Legends, and what it is
like to be a Member of Congress.\44\ He also talks about his
work on SOPA and PIPA.\45\ Representative Polis describes how
he engaged the League of Legends community regarding those
bills in 2012.\46\ Approximately two minutes of the video is
devoted to the League of Legends' community's involvement in
SOPA and PIPA and includes footage of Representative Polis on
the House floor and in Committee hearings discussing that
legislation in 2012. The video closes with footage of
Representative Polis playing League of Legends with voiceover
by him saying that he represents the Second Congressional
District of Colorado, but he also hopes to be someone ``that
the community of League of Legends players across the country
and world can turn to as a person in Congress who understands
an experience and wants to protect it and is very much a part
of that community.''\47\
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\43\Id., Ex. 15 at 1.
\44\Id.
\45\Id. at 2.
\46\Id.
\47\Id.
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Representative Polis' Communications Director told OCE that
on the day the video was released, Representative Polis
participated in an on-line question and answer session on the
website Reddit.\48\ Representative Polis told OCE that he did
not remember participating in the Q&A, but that he would have
been amenable to doing so.\49\ Representative Polis' staff also
tweeted about the video on his official Twitter account after
it was released.\50\ Several months later, after the OCE review
began, Representative Polis' staff discussed their use of
Representative Polis' official Twitter account with Committee
staff.\51\ Following this discussion, Representative Polis'
congressional staff removed the tweet regarding the Riot Games
video from the Member's official Twitter account.\52\
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\48\Id., Ex. 16 at 10-11.
\49\Id., Ex. 3 at 19.
\50\Id., Ex. 16 at 9-10; see also Ex. 3 at 20.
\51\Id., Ex. 3 at 20.
\52\Id.
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As described above, OCE recommended further review of the
allegation that Representative Polis engaged in activity that
could be perceived as an endorsement of a Riot Games product
and used official resources in a manner that promoted Riot
Games' business. OCE found that the video in which
Representative Polis appeared was produced and distributed by a
for-profit company; that the video was part of a marketing
effort undertaken by a for-profit company, with a goal of
increasing retention of players who would then spend money
within the game; that the video was produced and distributed at
substantial cost to the for-profit company; and that a
significant part of the video was filmed in Representative
Polis' congressional office and around the Capitol complex.\53\
Based on these facts, OCE found that the Riot Games video could
be perceived as an endorsement of Riot Games' product, the
League of Legends game, and the promotion of a commercial
endeavor.\54\ Therefore, OCE found that there was substantial
reason to believe that Representative Polis had engaged in
activity that could be perceived as an endorsement of a
company's product, and by permitting Riot Games to film him in
his congressional office and around the Capitol complex, used
official resources in a manner that promoted a business
endeavor, in violation of federal law and House rules.\55\
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\53\Id. para.5.
\54\Id. para.107.
\55\Id. para.108.
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Representative Polis viewed his participation in the video
as part of his representational duties.\56\ He told OCE that he
agreed to be featured in the video because it would be a way to
interact with constituents who play League of Legends.\57\ He
said that from his perspective, the purpose of the video was to
provide journalistic content to the League of Legends
community.\58\ Representative Polis' staff perceived the video
in the same way. His Chief of Staff and Scheduler told OCE that
they understood that the video would be a documentary about the
Congressman.\59\ Representative Polis did not view the video as
endorsing a product because he did not tell people to play the
game or to buy anything.\60\ Instead, to the extent
Representative Polis discussed his love of the game, he viewed
those comments as biographical and compared them to telling a
reporter he is a Colorado Rockies fan.\61\
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\56\Id., Ex. 3 at 12.
\57\Id.
\58\Id. at 18.
\59\Id., Ex. 7 at 8; Ex. 8 at 7.
\60\Id., Ex. 3 at 13.
\61\Id.
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B. REPRESENTATIVE POLIS'S PARTICIPATION IN A CLOTHING EVENT WITH NINOX
After OCE initiated its preliminary review of
Representative Polis' appearance in the Riot Games video,
Representative Polis participated in an event sponsored by
Ninox, a men's clothing designer and retailer located in his
congressional district. Prior to the event, on February 28,
2014, Representative Polis was featured in a GQ Magazine (GQ)
story that said he had the ``worst Congressional style ever,''
and implored Representative Polis to let GQ help him with his
clothes.\62\ On March 31, 2015, the founder of Ninox emailed
Representative Polis' congressional office proposing that
Representative Polis try on some of Ninox's clothing because GQ
had not done a follow-up piece.\63\ The initial request from
Ninox said it may be a ``fun way to get some press.''\64\
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\62\Dennis Tang, Worst Congressional Style Ever? Yeah, Probably,
GQ, Feb. 25, 2014.
\63\OCE's Referral, Ex. 18.
\64\Id.
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Representative Polis agreed to participate in the
``makeover'' and his staff assisted by working with Ninox to
schedule the time and choose the location.\65\ His staff also
assisted Ninox with choosing the clothing he would try on at
the event, to ensure it was the right size and met his
preferences and requirements for dress on the House floor.\66\
His staff also suggested that Representative Polis be
photographed after the makeover with the sign outside of his
district congressional office.
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\65\Id., Ex. 19; Ex. 16 at 19.
\66\Id., Ex. 16 at 20.
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On June 30, 2015, Representative Polis participated in the
makeover.\67\ He tried on several pieces of Ninox's clothing at
a park in Boulder, Colorado.\68\ He was photographed at the
event and at his district office by Ninox's photographer, his
staff, and the media.\69\ Representative Polis' staff and Ninox
reached out to the media to publicize the event before and
after it occurred.\70\ Several media outlets later wrote
stories about the makeover, including the Boulder Daily Camera,
the Denver Post, the Washington Post and GQ. Following the
event, Representative Polis purchased some clothing from Ninox
at full price, with his own money.\71\
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\67\Id., Ex. 19.
\68\Id., Ex. 3 at 25-26.
\69\Id., Ex. 16 at 22, 24.
\70\Id., Ex. 16 at 18.
\71\Id., Ex. 3 at 30.
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Representative Polis' congressional staff posted photos of
the event and thanked Ninox through Representative Polis'
official Twitter and Instagram accounts.\72\ His official
Twitter account also re-tweeted a tweet from Ninox about the
event.\73\
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\72\Id., Ex. 20-23.
\73\Id., Ex. 22.
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Ninox also used social media to publicize the event. It
posted photographs of Representative Polis on its Twitter,
Instagram and Facebook accounts, including some that referenced
Ninox products.\74\ Ninox also used a photograph of
Representative Polis wearing sunglasses to advertise the ``$89
Polis Special,'' a one-week sunglasses sale, on Facebook.\75\
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\74\Id. para.136.
\75\Id. para.138.
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In addition, Ninox sent a ``blast email'' to 1,149 people
on July 8, 2015. Entitled, ``Worst-Dressed Congressman Jared
Polis Gets a Style Upgrade from Ninox,'' this email included a
before and after picture of Representative Polis, images of
Representative Polis wearing Ninox clothing, information about
the clothing products he tried on, and an advertisement for the
$89 ``Polis Special.'' Neither Representative Polis, nor any
member of his staff, were included on the email distribution
list.
Currently, Ninox features Representative Polis on its
website as a ``Boulder Icon.''\76\ The page includes photos of
Representative Polis from the makeover, references the specific
Ninox products that he tried on, and states that he wears the
clothes around Washington, D.C.\77\ It also states, ``Jared
became a fan of the Carson pants instantly and can be seen
sporting them on the house [sic] floor.''\78\ Finally, the
Ninox website contains images of Representative Polis and the
various articles written about the makeover.
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\76\Id. para.145.
\77\Id.
\78\Id.
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As described above, OCE recommended further review of the
allegation that Representative Polis engaged in an activity
that could be perceived as an endorsement of Ninox's products
and used official resources in a manner that promoted Ninox's
business.\79\ OCE noted in the Referral that neither
Representative Polis nor members of his congressional staff
made any effort to address the potential use of photographs
from the makeover event by Ninox for commercial purposes.\80\
OCE found that Representative Polis, by engaging in and
publicizing the makeover event with Ninox, engaged in activity
that could be perceived as an endorsement of a company's
product and used official resources, including staff time and
official social media resources, in a manner that promoted a
business endeavor, in violation of federal law and House
rules.\81\
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\79\Id. para.6.
\80\Id. para.142.
\81\Id. para.149.
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Representative Polis viewed the makeover event as a part of
his representational duties for a business in his district and
stated that he did not tell anyone to buy or purchase a
product.\82\ Representative Polis told OCE that the makeover
was an open event so anyone could take photos and use them how
they wanted.\83\ Indeed, Representative Polis' Communications
Director invited local press members to attend and document the
event.\84\ The Communications Director told OCE that she
assumed that Ninox was not publicizing the makeover, other than
perhaps reaching out to GQ in connection with the magazine's
original story.\85\ Neither Representative Polis nor his
congressional staff was aware that Ninox used his image and
name for the ``Polis Special'' until well after the sale
ended.\86\ When Representative Polis became aware, he asked
Ninox to remove the post on Facebook. Ninox complied with his
request.\87\
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\82\Id., Ex. 3 at 23.
\83\Id. at 27.
\84\Id., Ex. 16 at 18.
\85\Id., Ex. 16 at 18, 25.
\86\Id., Ex. 3 at 29; Ex. 16 at 31.
\87\Id., Ex. 3 at 29-30.
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V. FINDINGS
Federal law and House Rules govern how Members, when acting
in their official capacity, may interact with commercial
entities. The law and Rules do not, however, provide a ``bright
line'' as to what Members may or may not do in relation to a
corporation or business. Thus, Members have some discretion to
perform representational duties related to commercial entities,
but must use caution not to take actions that could be
perceived as an official endorsement of a commercial entity, or
to use official resources to promote a business endeavor.
The Committee considered Representative Polis'
participation in the video produced by Riot Games and the
clothing event with Ninox, and concluded that Representative
Polis did not use official resources for a commercial purpose
or violate House Rules regarding official endorsement of a
commercial entity. While it does appear that both the Riot
Games video and the Ninox clothing event were intended, at
least in part, to promote the businesses, this is true in
virtually every instance in which a business participates in or
arranges an event with a Member. Further, the video and
clothing event also had clear and substantial non-commercial,
representational, purposes. Moreover, based on the facts
available to them at the time, neither Representative Polis nor
his staff had reason to believe that Representative Polis'
participation in the video and clothing event would serve as
any advertisement for the respective companies, or that
Representative Polis' image would be used to promote sales of
any particular product. When Representative Polis discovered,
long after the clothing event, that Ninox had used photos of
him from the event to advertise a ``Polis special,'' he
promptly asked Ninox to remove those advertisements.
Although the Committee did not find that Representative
Polis' engagements with Riot Games and Ninox violated any House
Rule, law, regulation, or other standard of conduct, the
Committee reminds all Members of its guidance that Members
should take care when participating in activities with outside
entities. The Committee encourages all Members who are
contemplating participating in events with commercial entities
to contact the Committee with any questions they may have, and
to exercise caution to avoid any appearance of an improper
official endorsement or use of official resources for a
commercial purpose.
VI. CONCLUSION
Because Representative Polis' activities did not violate
House Rules, laws, regulations, or other standards of conduct
regarding official endorsements or the use of official
resources for the promotion of a business endeavor, the
Committee has determined to take no further action in this
matter, and upon publication of this Report, considers the
matter closed.
VII. STATEMENT UNDER HOUSE RULE XIII, CLAUSE 3(c)
The Committee made no special oversight findings in this
Report. No budget statement is submitted. No funding is
authorized by any measure in this Report.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]