 |
 |
  |
|
|
|
 |
|
|
|
 |
 |
 |
What is a gift?
Gifts are any payment that confers a personal benefit on the recipient when the recipient does not give something of equal or greater value in return. A gift also includes rebates and discounts in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public.
Why are there gift limits?
Restrictions on accepting gifts prevent outside interests from giving things of value to City officials and employees. These restrictions prevent outside interests from exercising, or appearing to exercise, an improper influence over City decision making.
I am a High Level Filer. What gifts can I accept?
A High Level Filer may accept gifts from any source, as long as the total value of gifts from that source does not exceed $420 in any calendar year. (Note that lobbyists may not give High Level Filers gifts that exceed $10 per month.)
I am a Local Code Filer. What gifts can I accept?
A Local Code Filer may accept any gift, regardless of value, from any source he or she is not required to report on a Statement of Economic Interests. If, on the other hand, a Local Code Filer is required to disclose the receipt of gifts from that source on a Statement of Economic Interests, then the filer cannot accept gifts valued at more than $420 in any calendar year from that source. (Note that lobbyists may not give most Local Code Filers gifts that exceed $10 per month.)
If I accept a $200 gift from someone in March, can I accept a $230 gift from the same person in November of the same year?
If you are a High Level Filer, the answer is no. If you are a Local Code Filer, then you may accept both gifts only if you are not required to disclose the receipt of gifts from that person on your Statement of Economic Interests. If you are a Local Code Filer and the gift donor is a reportable source, then you may not lawfully accept both gifts because the aggregate value of the gifts exceeds the $420 limit.
Can I accept a $300 gift in December, and a $300 gift from the same person in the following month?
Yes. The gift limitation amount applies to a calendar year, and is reset on January 1.
Are meals considered gifts?
Yes. A meal is a gift, unless one of the exceptions to the gift limitation regulations applies. For example, a meal given to a High Level Filer or a Local Code Filer at an event at which the Filer gives a speech, participates in a panel or seminar, or provides a similar service, is not considered a gift if the meal is consumed on the day of the event. A meal provided to a Filer by an individual in his or her home when the individual or a member of the individual's immediate family (an individual's spouse and dependent children) is present is also not considered a gift.
Are invitations to events considered gifts?
Probably. An invitation or a ticket to an event is generally considered a gift unless it is a political fundraiser or a fundraiser for an organization exempt from taxation under section 501(c) (3) of the Internal Revenue Code. Even then, the exception will apply only in certain circumstances. See the Ethics Commission's Fact Sheet on Tickets and Invitations to Events for additional assistance.
What about wedding gifts? Birthday presents?
Wedding gifts fall within an exception to the gift regulations. The value of a wedding gift does not count against the $420 gift limitation amount. Note, however, that wedding gifts are reportable on the recipient's Statement of Economic Interests. Furthermore, presents exchanged on holidays, birthdays, and similar occasions do not count against the $420 limit as long as the presents exchanged are not substantially disproportionate in value (and are not from a lobbyist).
Someone gave my son a car stereo. Is it a gift to me?
Probably not. Gifts provided directly to members of your immediate family are not considered gifts to you unless you receive a direct benefit from the gift or you exercise discretion and control over the gift. Even then, if you can show that the donor of the gift never intended for you to receive that gift, then it will not be considered a gift to you. Factors that may negate a donor's intent to make a gift to you include (1) a working or social relationship between the donor and the family member; (2) Nature of the gift, i.e., it is clear from the nature of the gift that only the family member can use or enjoy direct benefit from the gift; and (3) Manner in which the gift is offered or delivered, e.g., a gift delivered in a package addressed to the family member.
Are baby shower presents considered gifts?
Probably not. Items given to your baby for his or her sole use, such as baby clothes and baby toys, are not considered to be items that you you receive a direct benefit from or that you exercise discretion and control over. However, gifts that you do exercise control over, such as gifts of money or gifts of significant value, may qualify as reportable gifts even if they are ostensibly given to your baby.
I won a prize playing Lotto. Can I accept it?
Yes. You won a prize or award in a bona fide competition that is not related to your status as a City Official, City employee, or candidate for City elective office and it is therefore not considered a gift. Note, however, that any such prize that exceeds $500 will be reportable as income on your Statement of Economic Interests.
An organization wants to give me a plaque to honor me for work I did as a City Official. Can I accept it?
Yes, as long as the value of the plaque is less than $250.
If I give away a gift, does it still count as a gift?
Yes. If you receive a gift and then give it to someone else, it is still considered a gift to you.
If I throw away a gift, does it still count as a gift?
Yes. Discarding a gift does not change the fact that you accepted it. If, however, the gift is a pass or ticket which you do not use and do not give to another person, then it is not considered a gift.
I still have questions. How do I get help?
The Ethics Commission is available to provide telephonic or written advice regarding these matters.
|
|
| | Home | Business | City Hall | Community | Departments | Information | Leisure | Services A-Z | Visiting | |
| | Search | Site Map | Contact the City | Privacy Notice | Disclaimers | |
