Holiday party, gift guidance for federal personnel Published Nov. 26, 2012 17th Training Wing Legal Office GOODFELLOW AIR FORCE BASE, Texas -- The holiday season is traditionally a time of parties, receptions and exchanging gifts. However, even at the holiday season, standards of conduct apply. To ensure you don't unknowingly violate the standards, a brief summary of the applicable rules is set out below. General Rule: Federal personnel may not accept gifts offered because of their official positions or offered by a prohibited source. A prohibited source is anyone, including contractors, who: · 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 · Is an organization composed of members described above Exception one: Federal personnel may accept gifts, other than cash, not exceeding $20, as long as the total amount of gifts from that source does not exceed $50 for the year. Exception two: Federal personnel may accept gifts, even from a contractor employee if given because of a bona fide personal relationship - such personal gifts must be paid for by the contractor employee rather than the contractor. Exception three: 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 that it is in the agency's interest that the employee attends. Exception four: Federal personnel may accept invitations, even from contractors, that are open to the public. Exception five: Federal personnel may accept invitations offered to a group or class that is not related to Government employment. For example, if the building owner where your office is located throws a reception for all of the tenants of the building. Exception six: 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. Exception seven: If an outside business or other relationship results in attendance at an event, the federal employee may attend. For example, a Federal employee's spouse works at SAIC. The Federal employee may accompany the spouse to the SAIC employee's holiday party since the invitation is to the spouse as an SAIC employee, and not to the Federal employee because of his or her position. Parties, open-houses and receptions hosted by non-prohibited sources: Federal personnel may attend social events sponsored by non-prohibited sources if no one is charged admission (i.e. most holiday receptions and open-houses). Gifts and gift exchanges between federal personnel: The general rule is supervisors may not accept gifts from subordinates or Federal personnel who receive less pay. Exception one: During holidays, which occur on an occasional basis, supervisors may accept gifts, other than cash, of $10 or less from a subordinate. Exception two: Supervisors may accept food and refreshments shared in the office and may share in the expenses of an office party. Exception three: 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. Please note that there are no legal restrictions on gifts given to peers or subordinates. However, common sense and good taste should apply. Have a wonderful holiday season. Please remember that this guidance only highlights common questions, and does not cover every situation. If you are unsure, contact the ethics counselor at (325) 654-3203.
