Gifts (continued)
Gifts include:
- Money, food, drinks, lodging, entertainment, goods, services, passes, or tickets.
- Receipt = possession or action
- Fair market value
- Report whenever gifted by any
donor or your own agency
Designated employees should obtain a copy of their conflict-of-interest code from their agency. Employees may not accept gifts from any single source totaling more than $630 in a calendar year if the employee is required to report receiving income or gifts from that source on his or her statement of economic interests (Form 700). (Section 89503(c). Some conflict-of-interest codes require very limited disclosure of income and gifts. Gifts from sources that are not required to be disclosed on Form 700 are not subject to the $630 gift limit, but still may subject the public official to disqualification.
Gifts generally do not include:
- gifts that are returned or donated to a charity within 30 days without being claimed as a tax deduction
- reciprocal exchanges made in the context of a social relationship
- gifts from certain family members
- exchanges commonly made between persons in a bona fide dating relationship
- campaign contributions
- inheritances
- personalized plaques or trophies with a value of less than $250
- home hospitality
- acts of neighborliness
- bereavement offerings
- exchanges commonly made between persons in a bona fide dating relationship
Enforcement Failure to comply with the laws related to gifts, honoraria, loans, and travel payments may, depending on the violation, result in criminal prosecution and substantial fines, or in administrative or civil monetary penalties for as much as $5,000 per violation or three times the amount illegally obtained. (See Sections 83116, 89520, 89521, 91000, 91004, and 91005.5.)
Basic Fair Political Practices Rule:
“ A public official at any level of state or local government shall not make, participate in making, or in any way attempt to use the public official’s official position to influence a governmental decision in which the official knows or has reason to know the official has a financial interest.”
Deciding whether you have a disqualifying conflict of interest depends just as much, if not more, on the fact of a person’s particular situation as it does the law.
How Do You Disqualify Yourself?
Identify the conflict on the record. Leave the room.
What Happens If You Do Not Disqualify Yourself?
- Violation or Misdemeanor
- Loss of Office
- Action Rescinded
- Incarceration for six months
- Civil Penalties/Restitution – Fines from $5,000 to $ 250,000 or more plus Attorney Fees
General Rule :
The general rule is that the use of public resources for either personal or political gain is prohibited ( Gov. Code § 8314 & Penal Code § 424)
Public officials:
- May not use public resources such as staff time, office equipment, and office supplies for personal purposes.
- May not send Mass Mailings at public expense.
- May not accept payments for speeches, articles, and attendance.
- May not parlay positions as public servants into future job opportunities.
Please consult your agency’s legal counsel or contact the FPPC. For more information, contact our office at 831.646.1502 or info@laredolaw.net or refer to www.fppc.ca.gov
