Anniston Army Depot
Gift Giving and Receiving
by Steve Geisler
Depot Counsel
The Holiday gift giving season is almost here, making this the perfect time for a friendly reminder about the federal employee gift giving and receiving rules.
While they may seem Grinch-like, these rules serve an important purpose by helping us avoid the appearance of favoritism or corruption. Being familiar with these rules may save you from making a serious misstep!
General Rule: A federal employee may not accept a gift (meaning anything of value) offered because of the employee’s official position. As with most rules, there are exceptions. However, there is never an exception for cash or cash equivalents (such as gift cards).
Gifts Among Federal Employees
Official Superiors (Supervisors): The general rule is that you may not give a gift to an “official superior,” which is anyone above you in the chain of command. An exception allows supervisors to accept food and refreshments shared in the office and also share in any expenses of an office party. Further, you may give gifts to supervisors on an occasional basis, including on occasions where gifts are traditionally exchanged (Christmas, for example), as long as each gift is worth $10 or less. There is also a hospitality exception: if a subordinate is invited to a social event at a supervisor’s home, the subordinate may give the supervisor a hospitality gift of the type and value customarily given on such occasions (such as a bottle of wine); traditional rules of etiquette should be the guide.
What if my boss is having a baby? For “special infrequent occasions” of personal significance (marriage or the birth of a child, for example), employees may give their supervisor a group gift if the total value of the gift does not exceed $300. Requests for contributions are limited to $10 per employee and must be voluntary.
Co-Workers: There are generally no legal restrictions on gifts exchanged among co-workers receiving the same pay. An employee may not accept a gift from a co-worker receiving less pay unless there is a personal (meaning beyond work), non-supervisory relationship between the co-workers.
Gifts From Prohibited Sources
The general rule is that a federal employee may not accept anything of value from a “prohibited source,” which includes contractors (and potential contractors) and their employees. There are some exceptions to this rule against accepting gifts from prohibited sources, including “modest items of food and non-alcoholic refreshments, such as soft drinks, coffee and donuts, offered other than as part of a meal,” and “greeting cards and items with little intrinsic value, such as plaques, certificates, and trophies.”
Does that mean my contractor friend can give me a year’s supply of fancy coffee drinks and donuts for Christmas? No!! This is where the “20/50 exception” comes into play. Allowed gifts from prohibited sources must be worth $20 or less and must total no more than $50 per year. And never, ever, cash (or cash equivalents).
You can also receive a gift from a prohibited source if the gift is based on a personal relationship (such as from a family member).
There are other exceptions to the rule against accepting gifts from prohibited sources; call the Legal Office if you’re unsure.
But remember: even though an exception might allow you to accept a modest gift from a prohibited source, decline the gift if accepting it may give the appearance of favoritism or corruption.
To Wrap It Up
While we all enjoy gift giving during the holidays, these rules are important. As public servants, we have an obligation to avoid the appearance of favoritism and unfair influence, whether through subordinate-supervisor gift giving or by accepting gifts from prohibited sources (such as contractors). So, be of good cheer now that you’re equipped to successfully navigate the rules of federal employee gift giving and receiving.
If you need any assistance or clarification as to gift giving or receiving, please call the Legal Office at (256) 235-6518 and ask to speak to an ethics counselor.