Gifts
Local elected officers, candidates for local elective office, and local officials specified in Government Code Section 87200 may not accept gifts from any single source totaling more than $590 in a calendar year. (Section 89503.) The gift limit is adjusted biennially to reflect changes in the Consumer Price Index. For 2023-2024, the gift limit is $590. (Section 89503; Regulation 18940.2.) Gifts from a single source aggregating to $50 or more must be disclosed, and gifts aggregating to $590 or more during any 12-month period may subject an official to disqualification with respect to the source. (Section 87103(e).)
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 $590 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 the Form 700 are not subject to the $590 gift limit but still may subject the public official to disqualification.
A “gift” is any payment or other benefit that confers a personal benefit for which a public official does not provide payment or services of equal or greater value. (Government Code Section 82028.) (See Regulation 18946 for valuation guidelines.)
A public official has “received” or “accepted” a gift when he or she has actual possession of the gift or when he or she takes any action exercising direction or control over the gift, including discarding the gift or turning it over to another person. This includes gifts that are accepted by someone else on the official’s behalf and gifts made to others at the direction of the official. (Regulation 18941.)
- 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
Gifts generally do not include:
A public official has “received” or “accepted” a gift when he or she has actual possession of the gift or when he or she takes any action exercising direction or control over the gift, including discarding the gift or turning it over to another person. This includes gifts that are accepted by someone else on the official’s behalf and gifts made to others at the direction of the official. (Regulation 18941.)
- 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.)
General Rule
The general rule is that use of public resources for either personal or political gain is prohibited (Penal Code § 424 & Gov. Code § 83144)
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.
Basic Fair Political Practices Rule:
“No public official shall make, participate in, or use his or her official position to influence a governmental decision in which he or she has a financial interest.” Government Code Section 87100
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 a 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
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