ANNISTON ARMY DEPOT, Ala. -- 'Tis the season to be jolly and gift giving during the holidays is a long-held tradition.
For federal employees, there are some ethical rules associated with gifts and employees must be mindful of the rules so as not to violate the Ethical Rules of Conduct.
The general rule is that federal employees may not accept gifts offered because of their official positions.
The gift rules fall into two categories: gifts from prohibited sources (contractors or potential contractors) and gifts among employees (between supervisors and subordinates).
There are exceptions to the rules for each category of gifts.
Federal employees normally may not accept a gift from prohibited sources.
Prohibited sources are contractor employees or potential contractors who are any non-federal person or entity seeking to do business with the government. There are exceptions to this general rule:
• Federal personnel may accept gifts (other than cash) not exceeding $20 from a prohibited source, as long as the total amount of gifts from that source does not exceed $50 for the year.
• Federal personnel may accept gifts, even from a contractor employee, based on a bona fide personal relationship (for example, a federal employee may accept a gift from his or her spouse who works for a contractor so long as the personal gift is actually paid for by the contractor employee rather than the contractor).
• Federal personnel may generally attend an open-house or reception and accept any gift of refreshments if it is a widely-attended gathering and the employee's supervisor determines it is in the agency's interest that the employee attends.
• Federal personnel may accept invitations (even from contractors) that are open to the public, to all government employees or to all military personnel.
• Federal personnel may accept invitations offered to a group or class that is not related to government employment (for example, an employee who is a volunteer at a hospital may attend an event for hospital volunteers offered by a company who is also a government contractor).
• Refreshments consisting of soft drinks, coffee, pastries or similar refreshments not constituting a meal may be accepted since they are not considered to be a gift.
• Federal personnel may attend events if their attendance is based on outside business or other relationships (for example, if a federal employee's spouse works at BAE Systems, the federal employee may accompany the spouse to the BAE System's employees' holiday party, since the invitation is to the spouse, as a BAE Systems employee, and not to the federal employee because of his or her position).
Gifts between supervisors and subordinates are covered by different rules of ethics.
The general rule is that supervisors may not accept gifts from subordinates or federal personnel who receive less pay. Again, there are exceptions to this general rule:
• During holidays, which occur on an occasional basis, supervisors may accept gifts (other than cash) of $10 or less from a subordinate.
• For special occasions, such as marriage, birth of a child or retirement, employees may give a supervisor a group gift if the total value of the gift does not exceed $300. Employees may not solicit more than $10 per employee to contribute to the group gift and the contributions must be truly voluntary.
• Supervisors may accept food and refreshments shared in the office and may share in the expenses of an office party.
• If a subordinate is invited to a social event at the supervisor's residence, the subordinate may give the supervisor a hospitality gift of the type and value customarily given on such an occasion (for example, a plate of cookies or a basket of fruit).
If you are a supervisor, you may offer an invitation to subordinates for a party at your residence and accept a personal hospitality gift that is customarily provided for the occasion.
If you are a subordinate, there are no restrictions on offering or accepting invitations to a party from your supervisor or a co-worker and giving hospitality gifts that are customary for the occasion.
There are no legal restrictions on gifts given between non-supervisory employees or coworkers; however, common sense (and good taste) should always apply.
You may always decline to accept a gift and cash may never be given or accepted as a gift.
If you need any clarification of the ethics rules, contact an ethics counselor at the Anniston Army Depot Legal Office by calling 256-235-6518.
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