Federal personnel: avoid ethical pitfalls during holiday season Published Oct. 31, 2008 By Capt. Shawntell P. Mullins Electronic Systems Center Legal Office HANSCOM AIR FORCE BASE, Mass. -- It's that time of year again when the leaves have changed and the kids have gone back to school. Before we know it, the holidays will be upon us. The holiday season brings holiday parties, holiday decorations and gift exchanges -- not just among family and friends, but also among federal employees. While gift giving may seem appropriate, federal employees should remember that ethical standards of conduct still apply. Below are answers to frequently asked questions to help federal employees navigate their way through the holiday season and avoid any ethical pitfalls. Can I give or receive gifts? It depends. The general rule for federal personnel is that supervisors may not accept gifts from subordinates or personnel who receive less pay. However, there are some exceptions. During holidays, supervisors may accept gifts from subordinates, other than cash, valued at $10 or less. Supervisors may also accept food and refreshments shared in the office and may share in the expenses of an office party. 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 value customarily given on such an occasion. Federal personnel may accept gifts from contractors, but the gifts cannot exceed a value of $20 and cannot be a cash gift. Before giving gifts to contractor personnel, federal employees should clear it with the individual, who may have ethics rules he or she is required to follow. If a federal employee is a friend or relative of a contracting employee, it is okay to accept a gift from that person. There are no restrictions on federal personnel giving gifts to peers or subordinates, however common sense and good taste should apply. Can our office partake in a gift exchange? Yes. Generally it is acceptable to hold a gift exchange where gifts are chosen at random or traded. There are no monetary limits except common sense, since the purchaser of the gift does not know who will eventually receive it. If the gift exchange is not random - if names are drawn, for example - the gift value rules from the previous question apply. Can I solicit money to buy the supervisor a holiday gift? No. Money for holiday supervisor gifts should not be solicited from federal or contractor personnel. Soliciting money for group gifts is appropriate only for special, infrequent occasions, such as baby births or retirements. However, even on those occasions neither voluntarily donated nor solicited money can be accepted from contractor personnel. Can I accept a holiday party invitation from my boss? Yes. There are no restrictions on accepting a personal invitation to a holiday party hosted by a boss or peer. Can I accept a holiday party invitation from a subordinate? Yes. You can accept an invitation to the residence of a subordinate for a holiday party that is customarily held on the occasion. Can I accept a holiday party invitation from a contractor? It depends. The general rule is that Federal personnel may not accept gifts - including free or subsidized holiday party attendance - from "prohibited sources," including contractors and contractor personnel. A prohibited source is one who seeks official action by the federal employee's agency, does or seeks to do business with the federal employee's agency, conducts activities regulated by the federal employee's agency, has interests that may be substantially affected by the federal employee's performance or is an organization composed of members described above. Federal personnel may accept invitations to holiday parties from contractors if the party is open to the public, all government employees or all military personnel. If the party is not open to these general groups, but qualifies as a widely attended gathering, a federal employee can attend if his or her supervisor determines it is in the agency's interest. A party is considered a widely attended gathering if a large number of people with diverse views and interests are expected to attend. For example, a party open to members of a particular industry or profession, or to a variety of people who share a common interest, could be considered appropriate. Federal personnel can accept invitations to parties offered to a group or class that is not related to government employment. Additionally, if a federal employee's spouse is a contractor employee, the federal employee can attend a spouse's employer's holiday party because the invitation is not related to federal employment status. Can I solicit money to pay for an office holiday party? Yes. It is acceptable to solicit money from federal and contractor personnel within your office to pay for food and refreshments for an office holiday party. However, the contribution must be voluntary and the amount of money donated should be determined by the contributor. If contractor personnel choose to contribute, the money must come from the individual employee, not the contracting company. If a contribution amount is recommended, the recommendation must be accompanied by a statement that personnel can contribute less or none at all. Contributions cannot be compelled and personnel who decline to contribute cannot be excluded from the holiday party if it is held in the office during business hours. Can contractor personnel attend our office holiday party? It depends. The rules vary depending on whether or not the holiday party is held during duty hours. Federal personnel can invite contractor personnel to an office holiday party during duty hours. However, whether or not contracting employees can attend is purely up to the contractor. Federal personnel should consult with the contractor before inviting its personnel to the party. Since the federal government cannot be billed by the contractor for time contractor personnel spend at a holiday party, the contractor would decide whether or not the company could forego payment for the duration of the party. If the holiday party is during non-duty hours, the individual can decide whether or not to attend. Can we decorate our office with holiday decorations? Yes. Seasonal decorations may be displayed in main entrances and in common work areas as long as they do not endorse or appear to endorse any particular religious or political beliefs. Personnel may decorate their own private work areas with decorations they have purchased at their own expense. These decorations can reflect the individual's cultural or religious beliefs, provided the decorations do not interfere with the official responsibilities of the office. While this list of questions and answers may not be all inclusive, it should give federal employees some general guidance as we approach the holiday season and its accompanying festivities. For more information e-mail Capt. Mullins at shawntell.mullins@hanscom.af.mil or call the Electronic Systems Center Legal Office at (781) 377-4077 to reach an ethics attorney.