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By: FEDweek StaffThe DoD central ethics office has reminded civilian employees of the department that there is no general “holiday party exception” to allow accepting free attendance at events that could qualify as gifts under ethics law.
While the guidance from the Standards of Office is specific to DoD personnel, it is based on government-side policies governing gifts from “prohibited sources.” Those are defined as one that seeks official action by the employee’s agency; does business or seeks to do business with the employee’s agency; conducts activities regulated by the employee’s agency; has interests that may be substantially affected by the employee’s performance of duty; or is an organization composed of members described above.
Gifts from such sources are generally limited to non-cash items—such as light refreshments—worth $20 or less in any one instance and less than $50 a year collectively, it notes.
While there are limited exceptions allowing attendance at events such as those open to the general public or that are hosted by the owner of leased space for all tenants in the building, even those exceptions don’t apply if the gift of hospitality “was solicited or is given in return for being influenced in the performance of an official act,” it says.
It adds that there are no restrictions on accepting invitations to parties, open houses, and receptions hosted by a boss or a coworker, while a supervisor may accept invitations from subordinates for the type of hospitality that is “customarily provided on the occasion.”
While gifts from subordinates to supervisors generally are limited to non-cash items worth $10 or less, that may be exceeded “when the boss is hosting a party at his/her home (e.g. flowers, a bottle of wine). However, good judgement and reason apply to avoid any appearance of currying favor.”
“There is no limit on the value of a gift a supervisor may give to subordinates, but good taste and avoiding any appearance of favoritism should be taken into account,” it adds.
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