Holiday Guidance for DoD Personnel Published Nov. 17, 2009 14th Flying Training Wing Judge Advocate's Office COLUMBUS AIR FORCE BASE, Miss. -- The holidays have always been a time for exchanging gifts. All DoD personnel, however, should remember that federal ethics regulations sometimes restrict these activities. Here is a summary of the rules regarding gift giving in the workplace: First, 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 several 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 is exception is often known as the "$20/$50 Rule." Second, 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! A third important rule involves gift exchanges. 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. Of note, 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 contractor, since many contractors have codes of ethics that are similar to federal rules and therefore may preclude the acceptance of gifts. On the subject of gifts, there are a host of other rules and instructions. The main point is to exercise common sense, moderation, and good taste in all gift giving and holiday events. This article is not substitute for good advice from an ethics counselor. If you have specific questions, please contact the legal office at (662) 434-7030. Following the Air Force and Federal rules on gift giving doesn't make you a "Scrooge". To the contrary, observing the requirements and operating within the guidelines respects the Core Values and lives up to the BLAZE standard!
