Keep holiday gift exchanges ethical

  • Published
  • By Capt. Megan Schmid
  • 71st FTW Deputy Staff Judge Advocate
VANCE AIR FORCE BASE, Okla. --  gift-giving season is quickly approaching, and while exchanging gifts can be a joyous way to celebrate, gift giving is limited by ethical rules.

A common question Airmen often face is whether subordinates can give gifts to their supervisors. And, what about the other direction -- can supervisors give gifts to their subordinates?

First of all, it's important to understand that not every exchange is a gift. Modest food items such as soft drinks, coffee and donuts are not gifts, provided it does not create the appearance of impartiality or favoritism.

Even a greeting card is not considered a gift because of its minimal value.

The general rule is that gifts should not be offered or exchanged between supervisors and subordinates. However, on an occasional basis, such as the holidays, items worth $10 or less may be given.

For special occasions, such as a marriage, birth of a child, retirement or permanent change of station, employees may solicit contributions from a group, but may not solicit more than $10 per person.

A Department of Defense employee may accept a gift from a group that includes subordinates if it is appropriate because the special occasion is a retirement, resignation or permanent transfer, and the gift is linked to the tour-of-duty and commemorates the service of the departing individual. These gifts cannot exceed $300 in value.

Gifts must truly be voluntary and must not give the appearance of improper influence or unprofessional relationships. Exchanging items without significant value, like snacks or cards, becomes problematic if they compromise the professionalism of the work center.

It is never appropriate to solicit or accept a gift because of your official position or to accept a gift from a prohibited source unless there is an exception.

A prohibited source is a person or organization that seeks official action by the Air Force or has interests that are affected by you when you do your job. Defense contractors are prohibited sources.

One exception is the $20/$50 rule. Under this exception, you may accept a gift from a prohibited source valued up to $20 on a single occasion, not to exceed $50 during a calendar year from the same source.

Under this rule, a gift to a family member counts as a gift to you.

The gift may not be cash and may not create the appearance that you used your public office for private gain. Even if an exception exists, it is inappropriate to accept gifts if it appears you are using your public office for private gain.

Discounts offered by businesses to military members are typically not considered gifts provided it is a discount available to all military members.

As public servants, military members and federal employees have an obligation to avoid being unfairly influenced and to avoid the appearance of unfair influence, whether through subordinate-supervisor gift-giving or by accepting gifts from outside sources.

The holiday season is a time to celebrate and share with others. But, it must be done within the ethical rules to preserve professionalism and impartiality.

Each situation is unique. Before giving or accepting gifts, it is always a good idea to speak with an ethics advisor at the Vance Air Force Base Legal Office at 213-7404.