[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

                              ----------                              
                                                                   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.
---------------------------------------------------------------------------
    \1\See Riot Neon, ``Jared Polis: Community Congressman,'' available 
at http://na. leagueoflegends.com/en/news/community/community-
spotlight/jared-polis-community-
congressman.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \6\House Office Building Commission, Rules and Regulations 
Governing the House Office Buildings, House Garages and the Capitol 
Power Plant (Feb. 1999), para.4.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \10\Ethics Manual at 350.
    \11\Id.
    \12\Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \13\Id.
    \14\Id. at 325-26.
    \15\Id. at 326.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \26\Id., Ex. 1 at 9.
    \27\Id. at 9-10.
    \28\Id., Ex. 3 at 4-5.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \42\Id., Ex. 14 at 2.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \43\Id., Ex. 15 at 1.
    \44\Id.
    \45\Id. at 2.
    \46\Id.
    \47\Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \53\Id. para.5.
    \54\Id. para.107.
    \55\Id. para.108.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

 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\
---------------------------------------------------------------------------
    \62\Dennis Tang, Worst Congressional Style Ever? Yeah, Probably, 
GQ, Feb. 25, 2014.
    \63\OCE's Referral, Ex. 18.
    \64\Id.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \65\Id., Ex. 19; Ex. 16 at 19.
    \66\Id., Ex. 16 at 20.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \72\Id., Ex. 20-23.
    \73\Id., Ex. 22.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \74\Id. para.136.
    \75\Id. para.138.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \76\Id. para.145.
    \77\Id.
    \78\Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \79\Id. para.6.
    \80\Id. para.142.
    \81\Id. para.149.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------

                              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]