12 Miss. Code. R. 8-700.5

Current through October 31, 2024
Section 12-8-700.5 - GRATUITIES

It shall be a breach of this regulation for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a Lease Request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or proposal thereof.

(1)Relationship of Gratuity: In addition, the gratuity or offer of employment must be made in relation to any proceeding or application, request for a ruling, determination, claim or controversy, or other particular matter, to constitute a breach, and in connection with any:
a. Decision;
b. Approval;
c. Disapproval;
d. Recommendation;
e. Preparation of any part of a RLP;
f. Action to influence the content of any specification or procurement standard;
g. Rendering of advice;
h. Investigation;
i. Auditing; or,
j. Other advisory capacity.
(2)Family: The prohibition extends to the giving of gratuities to anyone on the state employee's or former state employee's behalf such as a member of that employee's immediate family.
(3)When Prohibition Against Gratuities Not Applicable: This section does not prohibit the following:
a. The solicitation or acceptance of anything of monetary value from a friend, parent, spouse, child, or other close relative when the circumstances make it clear that the motivation for the transaction is unrelated to any procurement or requirement with the State and is based upon a personal or family relationship;
b. The participation in the activities of, or the acceptance of an award for, a meritorious public contribution or achievement from a charitable, religious, professional, social or fraternal organization, or from a non-profit educational, recreational, public service, or civic organization;
c. Acceptance only on certain customary terms of finance of a loan from a bank or other financial institution for proper and usual activities of state employees, such as home mortgage loans; or
d. Acceptance of unsolicited advertising products or promotional material, such as pens, pencils, note pads, calendars, and other such items.

12 Miss. Code. R. 8-700.5

Adopted 3/16/2018