As the December holidays season approaches, questions often arise regarding the acceptance of gifts by a public employee or official under the IEC’s jurisdiction. To start, Article XXIX prohibits the solicitation or acceptance of gifts valued in excess of $53 from an individual or company. (For more on what constitutes a gift, see FYI 9).
 
There are of course exceptions. Most notably there is an exception for a gift given “by an individual who is a relative or friend on a special occasion.” See Article XXIX, Section 3(3)(g). That means that you may accept a gift, regardless of value from a member of your family, such as a spouse, a parent, a child, or a cousin, etc. You may also accept a gift regardless of the value from a friend. There is no definition of friend in Article XXIX, but the Commission has stated, in Position Statement 08-01, page 10, that,

Gifts or other things of value given by relatives or personal friends are not a breach of the public trust and are therefore permissible provided that:

1. It can be shown under all of the relevant circumstances that it is a family or personal relationship rather than the governmental position that is the controlling factor; and

2. The public official’s or employee’s receipt of the gift or other thing of value would not result in or create the appearance of:
 

a. Using his or her office for personal benefit;
b. Giving preferential treatment to any person or entity;
c. Losing independence or impartiality; or
d. Accepting gifts or favors for performing official duties.

Therefore, it is generally fine to accept presents from friends or relatives, unless the person also does business with the State or local government with which you are employed, and an appearance of impropriety might occur. Similarly, at holiday time, vendors may frequently send a fruit basket or a box of candies to the office. This is permissible, provided that the total value is less than $53, and that the item is placed in a location where all may enjoy.

Remember, no gift may be accepted from a lobbyist, regardless of value, unless that lobbyist is a member of your immediate family.


As always, please call the IEC at 720.625.5697 if you have any questions