Employees uphold standards, conduct during a time of traditions

  • Published
The holiday season is traditionally a time of parties, receptions and exchanging gifts. However, standards of conduct apply even during the holiday season. Here is a brief summary of the rules to ensure no one unwittingly violates the standards.

Gifts from prohibited sources
Federal personnel may not accept gifts offered to them because of their official positions or those offered by a "prohibited source." A prohibited source is anyone 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 an organization with members such as these.

Exceptions:
  1. Federal personnel may accept gifts (other than cash) that do not exceed $20 and the total amount of gifts accepted from that source does not exceed $50 for the year.
  2. Federal personnel may accept gifts, even from a contractor employee, that are based on a bona fide personal relationship. Such personal gifts are actually paid for by the contractor employee rather than the contractor.
Gifts and gift exchanges between federal personnel
Supervisors may not accept gifts from subordinates or any federal employee who receives less pay.

Exemptions:

  1. Only during the holidays can a supervisor accept gifts (other than cash) of $10 or less from a subordinate.
  2. Supervisors may accept food and refreshments shared in the office and may share in the expenses of an office party.
  3. If a subordinate is invited to a social event at his supervisor's residence, the subordinate may give the supervisor a hospitality gift.
There are no legal restrictions for federal employees to give gifts to their peers or subordinates. However, common sense and good taste should apply.

Parties, open houses and receptions
Federal personnel may accept invitations from their subordinate, co-worker or supervisor for holiday functions. They may also attend social events sponsored by non-prohibited sources as long as no one is charged admission. They may not attend events hosted by prohibited sources.

Exceptions:

  1. Federal personnel may 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 for the employee to attend.
  2. Federal personnel may accept invitations, even from contractors, that are open to the public, all government employees or all military personnel.
  3. Federal personnel may accept invitations offered to a group or class that is not related to government employment. For example, a building owner throwing a reception for all of the tenants of the building is an acceptable invitation.
  4. Outside business or other relationship that results in attendance at an event. For example, if a federal employee's spouse works at an off-base company, the federal employee may accompany the spouse to the employee's holiday party since the invitation is to the spouse as an employee and not to the federal employee.
Remember, this guidance only highlights common questions and doesn't cover every situation. For more information, call the Legal Office at (325) 654-3203 and speak with the ethics counselor.

(Courtesy of 17th Training Wing Judge Advocate Office.)