Standards of Conduct apply during holidays Published Oct. 26, 2011 By Staff Sgt. Ashley Ishmon 17th Training Wing Staff Judge Advocate Office GOODFELLOW AIR FORCE BASE, Texas -- The holiday season is traditionally a time of parties, receptions and exchanging gifts. However, even during the holiday season, the Standards of Conduct apply. A brief summary of the applicable rules is below to ensure people don't unwittingly violate the standards. General Rule: Federal personnel may not accept gifts offered because of their official positions or those 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; or Is an organization composed of members described above. There are some exceptions to this rule. Exception 1: Federal personnel may accept gifts (other than cash) that do not exceed $20 as long as the total amount of gifts from that source doesn't exceed $50 for the year. Exception 2: Federal personnel may accept gifts, even from a contractor employee if the gift is given because of a bona fide personal relationship. For example, personal gifts are actually paid for by the contractor employee rather than the contractor. Exception 3: 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 4: Federal personnel may accept invitations, even from contractors, that are open to the public. Exception 5: Federal personnel may accept invitations offered to a group or class that is not related to Government employment. An example of this is when a building owner throws a reception for all of the tenants of the building. Exception 6: Refreshments of soft drinks, coffee, pastries or similar refreshments that do not constitute a meal may be accepted since they are not considered to be a gift. Exception 7: 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. Gifts and gift exchanges between Federal personnel: As a general rule, supervisors may not accept gifts from subordinates or Federal personnel who receive less pay. There are some exceptions to this rule. Exception 1: During holidays, which occur on an occasional basis, supervisors may accept gifts (other than cash) of $10 or less from a subordinate. Exception 2: Supervisors may accept food and refreshments shared in the office, and may share in the expenses of an office party. Exception 3: 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. Note, there are no legal restrictions on gifts given to peers or subordinates. However, common sense and good taste should apply. Remember, this guidance only highlights common questions and doesn't cover every situation. Have a wonderful holiday season. FMI: Contact the ethics counselor at the Legal Office, (325) 654-3203..
