Notice of Public Hearing November 23, 2009 at 10:30am

As the holiday season approaches, it is a good time to review some applicable gift provisions of the Code of Ethics.

As has always been the case, a state agency, agency division or staffing unit may accept an unsolicited holiday gift basket from a restricted donor provided that the gift is divided among the unit employees and the value to each employee is not more than $10.00.

Additionally, state employees are permitted to give gifts to one another.  There is no monetary limit on gifts between peers.  For gifts between supervisors and subordinates up and down the chain of command, there is a $99.99 per gift limit.  Note that pooling for a gift above that limit is not permissible.  For example, if employees pool their money for a gift for a supervisor, the gift itself may not be more than $99.99.  Supervisors, however, may spend more than $99.99 to provide, for example, a holiday luncheon for many subordinates, provided that the benefit to each individual employee is under $99.99.

Remember, the Code of Ethics is in place to ensure that public officials and state employees are not using their positions for personal, financial gain.  The gift provisions noted above are in keeping with that central principle.

Many agencies have more restrictive ethics policies in place.  I encourage you to contact your agency’s ethics liaison or compliance officer to see whether the above scenarios are acceptable under your own agency’s policy.

And, of course, the staff of the Office of State Ethics is always available to assist you should questions arise.

Best wishes for a pleasant start to a festive season,

Carol Carson,

Executive Director

November 2009