By Capt. Hyun Muniz
Office of the Center Judge Advocate, WAMC
Christmas is right around the corner. While the holidays promote an infectious spirit of gift exchanges, government employees must exercise caution with their generosity as to not commit an ethical violation in the workplace. Who may exchange presents and the amount that can be spent are all defined within the Joint Ethics Regulation and Code of Federal Regulations; real page turners that WAMC’s legal department highly recommends on a cold winter day with a strongly caffeinated beverage.
We also recommend “A Christmas Carol,” starring the Ethical Ebenezer, the inspirational source of this article. This holiday season, the legal office recommends taking one of three following approaches to stay within regulatory guidelines:
1. The “Bah! Humbug!”: Do not distribute any presents and refuse all gifts offered to you. This approach may not win you any brownie points with your staff but clears you of any ethical violations. Shout “Bah! Humbug!” to anyone who mentions the spirit of giving in your presence.
2. The Semi-Scrooge: Buy and accept presents within a strict price range. Under the general gift regulation, subordinates cannot give a gift to their supervisors and supervisors cannot accept gifts from their subordinates. However, an exception to this rule permits gift exchanges during traditional gift giving occasions such as birthdays and holidays as long as the gift does not exceed $10 (no cash). A $10 limit?! Yes my miserly co-workers, make Scrooge proud.
3. The Enlightened Ebenezer: Perhaps you experienced a life-changing event, like our dear Ebenezer Scrooge, such as a visit from three Christmas spirits and “Bah! Humbug!” is just not an option. You can channel that holiday spirit in the following ways:
-Greeting cards: Cards are considered items of little intrinsic value and may be given freely and abundantly.
-Food and refreshments: Food considered a meal (main course) are permitted if shared in the office among several employees.
-Snacks: Modest items of food and non-alcoholic refreshments such as coffee, doughnuts, and cookies are not considered gifts and do not require gift analysis. However, to avoid the mere appearance of unethical conduct, legal recommends these items are placed in a common area and made available to the office.
-Rewards and prizes: Contests or opportunity drawings are permitted as long as entry is free and open to the public.
- Office holiday parties: Any funds collected, if any, for this type of event must be voluntary. Monetary contributions may be solicited (excludes contractors) with a suggested donation not exceeding $10. While the suggested donation cannot exceed $10, employees may voluntarily contribute more. Voluntary collection means the person soliciting and collecting the funds cannot be in a supervisory position nor should the collector create a list or record of donors with amounts contributed.
-Personal Relationship: Gifts given to recipients with prior relationships (i.e. co-worker is a spouse) are not subject to the JER and CFR.
Taking the above exceptions into account, we recommend above all else, to avoid the “appearance” of unethical conduct. This is an explicit rule in the CFR to prevent situations where a person who may seem to comply within the exceptions engages in conduct that goes against the spirit of the regulation.
Lastly, exercise caution when interacting with DoD contractors. Relationships with DoD contractors are scrutinized differently because of the very nature of their employment status. Contractors have an incentive to remain on favorable terms with government employees to maintain or renew their contracts. Maintaining good relations needs to be based work performance not gift giving, contributing to holiday parties, purchasing girls scout cookies, etc. Therefore, government employees are prohibited from exchanging gifts or soliciting/accepting monetary donations from DoD contractors.
Contractors do not need to be excluded from holiday events or office luncheons; however, their participation must first be approved by the contractor employer and the contractor may not be in a paid or work status. Government employees should give a contractor prior notice of any upcoming event or party to afford ample time for the contractor to obtain permission from their contracting officer representative.
If The Grinch is your type of holiday movie, the legal department strongly recommends against The Grinch approach. Theft is a felony punishable by law. Happy Holidays from your WAMC Legal Team!
| Date Taken: | 12.09.2019 |
| Date Posted: | 12.11.2019 12:56 |
| Story ID: | 355240 |
| Location: | FORT BRAGG, NORTH CAROLINA, US |
| Web Views: | 36 |
| Downloads: | 0 |
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