How to ethically enjoy holiday parties and gift-giving occasions

  • Published
  • By Capt. Samuel Miller
  • Chief of legal assistance
KIRTLAND AIR FORCE BASE, New Mexico --  With the holiday season approaching, now is a good time for federal personnel to refresh their memories regarding the ethical rules associated with the parties and gift exchanges that will be occurring during the upcoming months.

There are many different ethical rules that both active duty personnel and contractors need to consider when approaching these matters.

Gifts
The general rule regarding the acceptance of gifts is that federal personnel may not accept gifts offered by a prohibited source. There are five categories of prohibited sources:

1. Any source that seeks official action by the employee's agency,

2. Any source that does business or seeks to do business with the employee's agency,;

3. Any source that conducts activities regulated by the employee's agency,

4. Any source that has interests that may be substantially affected by the employee's performance of duty or

5. Any organization composed of members that are prohibited sources in themselves.

There are, however, three exceptions to the general rule that federal personnel may not receive gifts from prohibited sources:

1. Gifts (excluding cash) for $20 or less so long as the amount given by one source does not exceed $50 in one year,

2. Gifts from a contractor employee that are based on a bona fide personal relationship rather than a strictly employment oriented relationship and

3. Light refreshments not constituting a meal.

It is also important to remember that supervisors may not accept gifts from contractors, subordinates or federal personnel who receive less pay. Once again, there are exceptions to this rule that come into play especially during the holiday season.

First, during the holidays, supervisors may accept gifts (other than cash) of a value of $10 or less from a subordinate or gifts of $20 or less from a contractor so long as the gifts from one source do not exceed $50 in one year.

Secondly, supervisors may accept food and refreshments shared in the office.

Finally, 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 custom regularly given on such occasion.

Parties, open houses and receptions
The general rule is that federal personnel may attend social events or parties sponsored by a permitted source if no person attending is charged admission. There are also four exceptions allowing federal personnel to attend social gatherings that charge admission or are sponsored by a prohibited source:

1. Attending an open house or reception, and accepting any gift of refreshment if it is a widely attended gathering, and the employee's supervisor determines that it is in the interest of the agency for the employee to attend,

2. Accepting invitations to events that are open to the public, all government employees or all military personnel,

3. Accepting invitations offered to a group or class that is not related to government employment and

4. Accepting invitations to an event that is the result of outside business or another relationship, such as a spouse being the primary invitee.

There are also specific rules to remember if you are considering hosting a holiday party or planning a party for your office. 

First, soliciting outside sources for contributions to your party is not permitted. 

Secondly, office parties are unofficial events and therefore appropriated funds may not be used to pay for them. 

Finally, beware of Department of Defense and state gambling laws when considering whether to give away door prizes or raffle things off. Remember, federal personnel may accept personal hospitality at the residence of a subordinate if it is the type of hospitality customarily provided on such an occasion.

These are some of the basic ethical rules dealing with issues you are likely to encounter during the holiday season. If you or a coworker find yourself in a situation where you are not sure how the ethical rules apply, be sure to contact the Staff Judge Advocate office at 846-4217 or your ethics counselor before you act.