December 9, 2015
It’s the holiday season and gifts abound. The Standards of Ethical Conduct for Employees of the Executive Branch define “gift” as anything that has monetary value. Keep in mind, the gift rules apply every day of the year to federal employees in every executive branch agency at every pay level and position. Check out the U.S. Office of Government Ethics’ holiday series of #ShouldMartiAcceptThisGift tweets, to explore some common holiday gift issues.
Marti, who works for the Department of Widgets, has been invited to attend her spouse’s office holiday dinner party. Will the ethics rules save our friend Marti from the dinner party? Should Marti accept this gift?
Federal employees should always speak with an agency ethics official about gift acceptance questions. Federal employees generally cannot accept gifts from persons or organizations that do business with, are regulated by, or are otherwise affected by their agencies. If Marti’s spouse or spouse’s employer does or has business with the Department of Widgets, accepting the free dinner could fall under the general prohibition on gifts to federal employees. However, unless this invitation has been offered or enhanced because of Marti’s official position, an exception to the prohibition will likely allow Marti to accompany her spouse to the dinner. Marti should dig out her ugly sweater since she’s probably going to a dinner party!
If Marti also receives an invitation to attend a holiday party from a social contact or organization that is not her spouse’s employer, other rules and exceptions may apply. For more information on invitations from outside sources, visit: here .
Marti works at the Department of Widgets and wants to know if she can accept a gift from her neighbor, Jennifer, who is a federal contractor. Should Marti accept this gift?
Marti should remember that even during the holidays, the gift rules found in the Standards of Ethical Conduct for Employees of the Executive Branch apply. The goal of the gift rules is to protect the integrity of Government decision-making and to safeguard against the use of public office for private gain. The gift rules are also designed to prevent even the appearance that outside entities will receive favorable treatment if they give gifts to federal employees. For a summary of the executive branch gift rules, visit here .
Before accepting Jennifer’s gift, Marti should consider the following:
(1) Who is giving Marti the gift and why?
Before she accepts Jennifer’s gift, Marti should find out whether Jennifer works for a prohibited source – a company that is seeking official action, conducting business with, or conducting activities regulated by the Department of Widgets. As a general rule, federal employees may not accept gifts from these sources or gifts that are given because of the employee’s official position. Marti should consult with her agency ethics official to help her answer these and other relevant questions.
(2) Under what circumstances might Marti accept the gift?
If Jennifer or Jennifer’s employer is a prohibited source, or Jennifer is giving the gift because of Marti’s official position, Marti may only accept the gift in certain circumstances. For example, the Standards of Conduct permit Marti to accept gifts in circumstances where it is clear that the gift was motivated by a personal friendship instead of her official position, or where the gift was less than $20 (so long as Marti does not accept over $50 of gifts from the same source per a year). For more information about the exceptions and exclusions to the gift rules, visit: here .
(3) Even if Marti may accept the gift, should she?
Even if Marti may accept the gift under an exception to the executive branch gift rules, Marti should remember that it is never inappropriate and is frequently prudent for an employee to decline a gift offered by a prohibited source or because of her official position. For example, if Marti is currently considering a contract submitted by Jennifer’s employer, there may be good reason to decline a gift from Jennifer in spite of their personal friendship.
When in Doubt: All employees are encouraged to reach out to their agency ethics officials for further clarification about the Standards of Conduct and gift acceptance.