D.C. Mun. Regs. tit. 6, r. 6-B1803

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 6-B1803 - RESPONSIBILITIES OF EMPLOYEES

1803.1

This section contains standards that prohibit an employee from soliciting or accepting any gift from a prohibited source or given because of the employee's official position unless the item is excluded from the definition of a gift or falls within one of the exceptions set forth in this section.

1803.2

Except as otherwise provided in this section, an employee shall not, directly or indirectly, solicit or accept a gift:

(a) From a prohibited source; or

(b) Given because of the employee's official position or duties.

1803.3

Notwithstanding any exception provided in this section, an employee shall not:

(a) Accept a gift in return for being influenced in the performance or nonperformance of an official act;

(b) Solicit or coerce the offering of a gift; or

(c) Accept gifts from the same or different sources on a basis so frequent that a reasonable person would be led to believe the employee is using his or her public office for private gain.

1803.4

For purposes of this section, the following meanings apply:

(a) "Gift" means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. It includes services as well as gifts of training, transportation, local travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred. It does not include:

(1) Modest items of food and refreshments, such as soft drinks, coffee and donuts, offered other than as part of a meal;

(2) Greeting cards and items with little intrinsic value, such as plaques, certificates, and trophies, which are intended solely for presentation;

(3) Unsolicited advertising or promotional items of nominal value, such as pens and note pads;

(4) Unsolicited items received by employees for the purposes of evaluation or review, provided the employee has no beneficial personal interest in the eventual use or acquisition of the item by the employee's agency;

(5) Food and beverages, of nominal value, consumed at hosted receptions where attendance is related to the employee's official duties;

(6) Admission to and the cost of food and beverages consumed at events sponsored by or in conjunction with a civic, charitable, governmental or community organization, when the admission, food and beverages are of a nominal value;

(7) Unsolicited gifts from dignitaries from the federal government, a state or territory, or a foreign country that are of a nominal value and intended to be personal in nature and, in the case of a foreign country, are permitted under 5 U.S.C. § 7342;

(8) Loans from banks and other financial institutions on terms generally available to the public;

(9) Opportunities and benefits, including favorable rates and commercial discounts, available to the public or to a class consisting of all government employees or all uniformed members of the Metropolitan Police Department and/or Fire and Emergency Medical Services Department, whether or not restricted on the basis of geographic considerations;

(10) Rewards and prizes given to competitors in contests or events, including random drawings, open to the public unless the employee's entry into the contest or event is required as part of his official duties;

(11) Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer;

(12) Anything which is paid for by the District or secured by the District under a District contract;

(13) Any gift accepted by the District government under specific statutory authority; or

(14) Anything for which market value is paid by the employee.

(b) "Prohibited source" means any person or entity who:

(1) Is seeking official action by the employee's agency;

(2) Does business or seeks to do business with the employee's agency;

(3) Conducts activities regulated by the employee's agency;

(4) Has interests that may be substantially affected by performance or nonperformance of the employee's official duties; or

(5) Is an organization in which the majority of its members are described in subparagraphs (1) through (4) of this subsection.

(c) A gift is accepted or solicited because of the employee's position if it is from a person other than an employee and would not have been solicited, offered, or given had the employee not held the status, authority or duties associated with his District government position.

(d) A gift which is accepted or solicited indirectly includes a gift:

(1) Given with the employee's knowledge and acquiescence to his parent, sibling, spouse, child, or dependent relative because of that person's relationship to the employee, or

(2) Given to any other person or entity, including any charitable organization, on the basis of designation, recommendation, or other specification by the employee.

1803.5

The prohibitions set forth in this section do not apply to gifts accepted under the circumstances described in paragraphs (a) through (e) of this subsection, and an employee's acceptance of a gift in accordance with one of those paragraphs will be deemed not to violate the principles set forth in Section 1800.

(a) An employee may accept unsolicited gifts having a market value of $10 or less per source per occasion, provided that the aggregate market value of individual gifts received from any one person under the authority of this paragraph shall not exceed $20 in a calendar year, except when the offer of the gift would appear to a reasonable person to be intended to influence the employee in his or her official duties.

(b) An employee may accept a gift given under circumstances which make it clear that the gift is motivated by a family relationship or personal friendship rather than the position of the employee.

(c) An employee may accept meals, lodgings, transportation and other benefits:

(1) Resulting from the business or employment activities of an employee's spouse or domestic partner when it is clear that such benefits have not been offered or enhanced because of the employee's official position; or

(2) Resulting from the employee's authorized outside business or employment activities when it is clear that such benefits have not been offered or enhanced because of the employee's official status.

(d) When an employee is assigned to participate as a speaker or panel participant or otherwise to present information on behalf of the agency at a conference or other event, his acceptance of an offer of free attendance at the event on the day of his presentation is permissible when provided by the sponsor of the event. The employee's participation in the event on that day is viewed as a customary and necessary part of his performance of the assignment and does not involve a gift to him or to the agency. Any such assignment must be made by the employee's agency head, or other designee, in writing.

(e) When an employee's attendance is in the interest of the agency, as determined by the Mayor or designee, in writing, because it will further agency programs and operations, the employee may accept an unsolicited gift of free attendance at all or appropriate parts of a widely attended gathering of mutual interest to a number of parties from the sponsor of the event or, if more than 50 persons are expected to attend the event and the gift of free attendance has a market value of $350 or less, from a person other than the sponsor of the event. A gathering is widely attended if it is expected that a large number of persons will attend and that persons with a diversity of views or interests will be present, for example, if it is open to members from throughout the interested industry or profession or if those in attendance represent a range of persons interested in a given matter. For employees subject to a leave system, attendance at the event shall be on the employee's own time or, if authorized by the employee's agency, without charge to the employee's leave account.

1803.6

Whenever an employee accepts a contribution, award or payment in accordance with Paragraphs 1803.5(d) or (e), the agency shall maintain the following records for a period of no less than two (2) years:

(a) The name of the recipient;

(b) The name of the organization;

(c) The amount and nature of the contribution, award, or payment and the purpose for which it is to be used; and

(d) A copy of the written authorization.

1803.7

An employee who receives a gift that cannot be accepted under the provisions of this section shall inform the person offering the gift that District government ethics rules do not permit acceptance of gifts, and:

(a) Return the gift to the donor, donate the gift to a tax exempt organization pursuant to 26 U.S.C. § 501(c)(3), or reimburse the donor the market value of the gift; or

(b) If the gift is perishable and it would not be practical to return it to the donor, donate the gift to charity, share it with office staff, or destroy it.

(c) The actions set forth in (a) and (b) above may be taken one time only with respect to any donor.

1803.8

In accordance with 18 U.S.C. § 209, an employee shall not receive any salary or anything of monetary value from a private source as compensation for his or her services to the government.

D.C. Mun. Regs. tit. 6, r. 6-B1803

Final Rulemaking published at 28DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014)

Authority: Chapter XVIII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-618.01 et seq.) (2012 Repl. & 2013 Supp.), and Mayor's Order 2008-92, dated June 26, 2008.