The Office of Government Ethics has issued further guidance on the restrictions against federal employees accepting free hospitality and entertainment from certain prohibited sources, such as companies doing business with their agency, or when the offer is due to the employee’s position.
Acceptance of such benefits that have monetary value—and therefore could be deemed gifts—is a commonly-arising ethics issue in the holiday season, as is the scope of the “widely attended gatherings” exception to gift-acceptance restrictions. That exception allows employees to personally accept free attendance at certain large group events when it is in the government’s interest that the employee attend.
“Whether these events qualify for the WAG exception depends not only on the nature of the event, but also on the agency’s interest in the employee attending and the risk that their attendance may result in the employee being or appearing to be improperly influenced in the performance of their duties,” says a legal advisory at www.oge.gov.
The guidance, in question-and-answer format, addresses issues including weighing whether the agency’s interest outweighs the risk of improper influence or the appearance of improper influence; considerations regarding who is the source of the offer; determining what is the value of attendance, including attendance in restricted areas such luxury suites; determining whether an employee may accept free attendance for an accompanying guest; and more.
The guidance also notes that there are other potential exceptions to restrictions against accepting free attendance at events that have monetary value, including on days when an employee is a speaker representing the agency.
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