Ethics Commission issues reminder on gift restrictions (2024)
Colin A. Young State House News Service
With the gift-giving season underway, the State Ethics Commission on Monday reminded state, county and municipal employees that accepting certain gifts could violate state ethics laws.
"In general, public employees may not accept gifts worth $50 or more that are given because of their public position or because of an official act," the commission said. But it also noted, "There are some exceptions."
Even if a gift is worth less than $50, the commission said a public employee must file a disclosure if "accepting the gift would create the reasonable impression that he or she would unduly show favor to the giver."
Public employees are allowed to accept gifts like fruit baskets, flowers or other perishable items if they are accepted on behalf of an office or agency and shared with coworkers. Gifts of alcohol are generally prohibited, the commission said.
Parents and students can act together to give a public school teacher a gift worth $150 or less, so long as it is presented as being from the class and the identities of the contributors are not revealed to the teacher. Teachers may accept gifts of under $50 from individual students or families, but teachers must first confirm that the giving family did not also contribute to the class gift.
Certain public employees are prohibited from soliciting or accepting any gift from a lobbyist and lobbyists are prohibited from offering gifts. The Ethics Commission said the rule applies to "elected state and county officials, as well as appointed state and county employees in major policymaking positions."
Public employees who have questions about state ethics laws and how they relate to gifts may contact the commission's Legal Division at 617-371-9500 for free advice.
All officers and employees should be instructed that any gift or other thing of value offered to or by an officer or employee that is related in any way to his/her public duties must be reported and remitted immediately to the Ethics Liaison Officer.
Offers of gifts/hospitality must be made in 'good faith' and are not considered legitimate if the intention behind the offer is to advantage the individual making the offer; i.e. the offer is made with the intent that the person who accepts the gift/hospitality will perform a function improperly and partially.
GIFTS FROM RESTRICTED SOURCES ARE LIMITED TO $100 PER SOURCE PER YEAR. In the past year, was a party to an action in- volving a permit or other entitlement pending before you or a body of which you are a voting member. Gifts totaling $50 or more per calendar year from a restricted source must be disclosed.
Some events may require written approval. Check with your Ethics Counselor if you have questions. o Gifts: • Gifts from contractors and other prohibited sources are generally limited to non-cash items worth $20 or less. Gifts from subordinates are generally limited to non-cash items worth $10 or less.
Senate Rule 35 (the Gifts Rule) is a rule of prohibition. Specifically, Senate Rule 35.1(a)(1) states that no Member, officer, or employee shall knowingly accept a gift except as provided by the rule. There are over 20 exceptions provided by the rule. This section discusses the most frequently used exceptions.
When determining whether to accept a gift from clients, counselors take into account the therapeutic relationship, the monetary value of the gift, the client's motivation for giving the gift, and the counselor's motivation for wanting to accept or decline the gift.
People with a low sense of self-worth or self-esteem will always struggle to accept generosity. Accepting gifts can trigger feelings of unworthiness or inadequacy, making it difficult to believe that they deserve such gestures of kindness.
Federal employees may accept gifts (other than cash) not exceeding $20 in value from a prohibited source, as long as the total amount of gifts from that source does not exceed $50 for the year. This is referred to as the "20/50 Rule."
Acceptance of gifts from the same source on a basis is so frequent that a reasonable person would be led to believe the employee is using their public office for private gain; Acceptance of the gift would violate a statute, including 18 U.S.C.208 and 209, Executive Order, or supplemental agency regulation.
To accept the gift would do more good than harm—particularly if there are no risks or perceptions of exploitation, inappropriate boundaries, or biases in your professional decision making. Along these lines, Standard A. 10.
In property law, a gift refers to a voluntary transfer of a benefit without the need for any compensation and consideration. Three elements must be met for a gift to be legally valid: Intent to give (the donor's intent to make a gift to the recipient), delivery of the gift to the recipient, and acceptance of the gift.
Our state constitution has a gift clause that prohibits the granting of gifts to private parties, and in 2021 the Arizona Supreme Court defined what a gift is in the Schires decision. Any recipient of public funds must provide public services of a value not grossly less than the amount of public funds received.
In 1917, with frustration mounting and at the urging of President Woodrow Wilson, senators adopted a rule (Senate Rule 22) that allowed the Senate to invoke cloture and limit debate with a two-thirds majority vote.
A reliable rule of thumb regarding workplace gift giving: Gifts should flow down the supervisory reporting line, not upward. Thus, a boss or manager may give presents to direct reports, and employees can laterally exchange gifts with each other. But employees shouldn't give gifts to supervisors.
Introduction: My name is Trent Wehner, I am a talented, brainy, zealous, light, funny, gleaming, attractive person who loves writing and wants to share my knowledge and understanding with you.
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