The Office of Government Ethics has sent a reminder that ethical restrictions, including those associated with accepting gifts, might arise for federal employees related to the upcoming Inauguration.
“In connection with this occasion, a federal employee may receive offers of free attendance from various sources to attend Inauguration-related events, including the Inaugural Parade, Inaugural Balls, receptions, dinners, and fundraisers,” says Legal Advisory 16-11. While generally an executive branch employee may not solicit or accept a gift from a prohibited source or a gift given because of the employee’s official position, “many of the offers of free attendance at Inauguration-related events may fall within one of the exceptions or exclusions to the gift prohibitions,” it says.
One is that an employee may accept an offer of attendance at a “widely attended gathering” so long as the agency “makes a written determination that the agency’s interest in the employee’s attendance outweighs the concern that the employee may be, or may appear to be, improperly influenced in the performance of official duties.”
Another is that an employee may accept from any source unsolicited gifts valued at $20 or less per occasion, up to $50 from that source in a calendar year. “This exception could apply, for example, if the value of food, drink, or entertainment at a reception or other event was not more than $20. Note, however, that any events for which there are tickets are to be valued according to the face value on the ticket,” says the guidance.
Further, “gifts that are clearly motivated by a family relationship or personal friendship are permissible. Similarly, a gift that results from the employment or business activities of the employee or the employee’s spouse may be accepted, as long as it is clear that the gift was not offered or enhanced because of the employee’s official position.”
It adds: “Even where a gift exception is available, an employee should decline to accept otherwise permissible gifts when the employee determines that a reasonable person with knowledge of all relevant facts would question the employee’s integrity or impartiality if he or she accepted the gift.” It said factors to consider include the value and timing of the gift, the identity of the donor, and whether the gift would provide significantly disproportionate access to the donor.
