Gifts

On March 1, 2006, the Commission adopted a new Administrative Rule regarding Gifts, the "Gift Rule," which identifies some gifts that are acceptable and sets some new limits. Employees who are offered gifts outside of the "safe harbors" described in the Rule should either decline the gift or call the Commission office for guidance.

1. I am a City employee. Can I accept promotional or logo items, such as hats or coffee mugs, from City contractors and vendors?
   
   Answer: If you participate in City business with the contractor or vendor--such as purchasing, licensing, inspecting, or monitoring--you may be permitted to accept token promotional items such as these, valued at less than $25, with an aggregate value of less than $50 from a single source in a calendar year.


The value of logo mugs may be minimal, and thus unlikely to buy influence, but the acceptance of logo items for personal use may raise other issues. For example, consider this: If you wear clothing that advertises a City contractor or supplier while on the job, would you appear to the vendor's competitor that you are using your position to advertise the company? If this is a vendor with whom your department has or may do business, it may be best that you turn down the gift.


2. May we keep flowers, chocolates, or similar gifts or treats delivered to our office from a customer or vendor?
   
   Answer: Generally, yes, if they are valued at $25 or less and shared with your co-workers or the public. In all other circumstances, you should return the gift and explain that the City's Ethics Code prohibits employees from receiving gifts because citizens expect employees to provide responsive public service without apparent inappropriate influence. Note below that the Gift Rule also sets an aggregate limit of $50 value from a single source in a calendar year.



3. Is there any limit to the number of bouquets we can accept from the customer or vendor?
   
   Answer: Yes. The new "Gift Rule," sets an annual aggregate total of $50 maximum value of gifts received from one source over a calendar year, including gifts that are properly shared. You are responsible for keeping track of gifts, and returning to the sender any gifts--including perishable gifts--that exceed this total.



4. Can my crew accept coffee offered to them by neighbors of the project we're working on?
   
   Answer: Yes. Generally, you may accept minor refreshments that would not appear to be given with intent to influence your actions as a City employee.



5. Can my workgroup accept lunch from a contractor that we are meeting with to discuss our project?
   
   Answer: No. Employees may accept basic refreshments--such as coffee, tea, soft drinks, doughnuts, or cookies--when attending meetings in a contractor's office, but it is not appropriate for your workgroup or individual employees to accept meals from a City contractor with whom you conduct business, even if it is while discussing work. If it is necessary for you to continue your meeting over the lunch hour, your workgroup should pay the contractor the value of your part of the meal. If you are meeting with a consultant in a restaurant over lunch, you should pay your own bill every time.



6. A contractor is holding an open house to celebrate their new headquarters. Can our team attend?
   
   Answer: If you are invited to an event by an entity you have contractual or regulatory business with, you should call the Commission office for advice based on the specific circumstances. Your team may be able attend if this is truly an open house or hosted reception, and not a party directed toward your work group or the City. (The newly adopted Gift Rule defines a "hosted reception" as a social function that is attended by a diverse group of no fewer than 20 people, has attendees that are not limited to City officers or employees and the hosts, and that does not involve a sit-down meal.)



7. A vendor has sent me a plaque and a pen with their logo in appreciation of years of purchases. Can I keep them?
   
   Answer: Yes, in general, acceptance of unsolicited tokens or awards of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar items is not a violation of the Code.



8. A supplier has invited me to attend an educational program at their expense. The information would benefit the City. Can I accept the plane ticket and lodging so that I can attend?
   
   Answer: Employees may attend programs paid for by City vendors and contractors only under limited circumstances. In all cases, attendance at the event must serve a City purpose. The travel and lodging expenses must be reimbursed to the City, not the individual, and must comply with all applicable travel policies and procedures as well as departmental and City policies for accepting gifts. The contractor cannot specify that you should attend. It is management's decision whether attendance serves a City purpose and, if so, who should attend.



9. A friend of mine is a City contractor. My family has gone to the contractor's cabin every summer for years. Can we continue to go?
   
   Answer: It may be permissible for you continue to accept a gift such as this, which has been historically given to you by your friend. However, the Code requires that you disqualify yourself from participating in any official actions that might benefit your close friends.
   
   The Code does not prohibit an employee from receiving gifts from individuals with whom the employee has historically exchanged gifts of commensurate value, as long as there are no circumstances that would establish that the gift was given with intent to influence official action. While you may not be in a position to reciprocate in similar value for the use of your friend's cabin, the historical nature of the gift may make it permissible.
   
   It is essential that you must disqualify yourself from participating in any official actions regarding your friend. The Code prohibits you from engaging in transactions that would appear to impair your independent judgment and fail to disqualify yourself from official actions where a conflict occurs. The exchange of gifts between friends would indeed appear to impair independence of judgment.

On the City Clerk's web site,
find the Ethics Code section on prohibited conduct.
See SMC 4.16.070(3)(a), regarding gifts, and
SMC 4.16.070(2)(a), prohibiting use of position for private gain.

Read the Gifts Rule, adopted March 1, 2006.

Contact the SEEC for advice.