‘Tis the season for holiday ethics guidance

  • Published
  • By Capt. Eric Adams
  • 14th Flying Training Wing Judge Advocate's Office
COLUMBUS AIR FORCE BASE, Miss. --  The holidays have always been a time for exchanging gifts. All Department of Defense personnel, however, should remember that federal ethics regulations sometimes restrict these activities.

DoD personnel may not accept gifts offered because of their official positions or offered by a prohibited source, such as a contractor (or anyone who wants to become a contractor).

There are some exceptions to this general rule, though. The main exception is that DoD personnel may accept gifts (other than cash) not exceeding $20, as long as the total amount of gifts that the recipient accepts from that source does not exceed $50 for the year. This exception is known as the "$20/$50 Rule."

When exchanging gifts between DoD personnel, the general rule is that supervisors may not accept gifts from subordinates or DoD personnel who receive less pay. However, there are important exceptions that allow a supervisor to accept gifts (other than cash) of $10 or less from a subordinate, on an occasional basis. These occasions may include holidays and birthdays, so the rule allows a subordinate invited to a social event at a supervisor's residence to give the supervisor a hospitality gift of the type and value customarily given on such an occasion.

There are no legal restrictions on gifts given to peers or subordinates; however, common sense (and good taste) should still apply. Always avoid any perceptions of favoritism.

Exchanging gifts with contractors may only be done on an occasional basis. Remember the $20 rule as stated above. If you are considering giving a gift to a contractor, you should first check with the contracting officer and the contractor, since many contractors have codes of ethics that are similar to federal rules and therefore may preclude the acceptance of gifts.

DoD personnel may attend receptions and other events with free refreshments in a widely-attended gathering, if the employee's supervisor determines that the employee's attendance is in the agency's best interest.

Also, DoD employees may accept invitations (even from contractors) to events that are open to the public, to all government employees or all military personnel. A DoD employee can also accept invitations to open-houses, parties and receptions and other personal hospitality at the residence of subordinates that are customarily provided on the occasion.

Finally, a DoD employee may also accept an invitation from a boss or co-worker. Understanding that parties, gatherings, and receptions are often part of the holidays; please contact the legal office if you have questions about holiday parties!

Here are some additional prohibited actions that many federal workers are unaware of:

1. You may not solicit outside sources for contributions for your holiday party. This includes funds, food, and items.

2. Generally, office parties are unofficial events, and you may not use appropriated funds to pay for them.
3. You may not use appropriated funds to purchase and send Greeting cards.

The main point is to exercise common sense, moderation, and good taste in all gift giving and holiday events. This article is not a substitute for good advice from an ethics counselor. If you have specific questions, please contact the legal office.