Gift giving and receiving becomes a focus of renewed attention in December, but it is an issue that requires diligent attention for members any month of the year. Local government employees, from the manager to the road crew, work very hard to improve the lives of residents. Sometimes residents or vendors want to thank employees for their service by giving them a gift and/or gratuity. Whether it comes in the form of sporting event tickets or homemade baked goods, gifts can easily create the appearance that such a "thank you" will translate into special treatment later.
Managers are reminded to consider how their approach to gifts sets the tone for the organization and that creating an internal policy, with assistance from Tenet 12 of the ICMA Code of Ethics, can be helpful to guide all employees on what they can accept and what they need to respectfully decline. In addition, many state laws address gifts in the workplace and members should ensure their conduct complies with any applicable laws or regulations.
Applicable Tenet and Guideline
Tenet 12. Public office is a public trust. A member shall not leverage his or her position for personal gain or benefit.
Guideline on Gifts. Members shall not directly or indirectly solicit, accept or receive any gift if it could reasonably be perceived or inferred that the gift was intended to influence them in the performance of their official duties; or if the gift was intended to serve as a reward for any official action on their part.
The term “Gift” includes but is not limited to services, travel, meals, gift cards, tickets, or other entertainment or hospitality. Gifts of money or loans from persons other than the local government jurisdiction pursuant to normal employment practices are not acceptable.
Members should not accept any gift that could undermine public confidence. De minimus gifts may be accepted in circumstances that support the execution of the member’s official duties or serve a legitimate public purpose. In those cases, the member should determine a modest maximum dollar value based on guidance from the governing body or any applicable state or local law.
The guideline is not intended to apply to normal social practices, not associated with the member’s official duties, where gifts are exchanged among friends, associates and relatives.
