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I.11k s BEST BEST & KMEGER 3 ATTORNEYS AT LAW ril. y '1 - r Memorandum To: PUBLIC AGENCY CLIENTS From: PUBLIC POLICY & ETHICS GROUP, BEST BEST & KRIEGER LLP Date: DECEMBER 11, 2015 Re: HOLIDAY GIFTS It is commonplace this time of year for vendors and others who do business or are associated with your agency, and even members of the public, to provide gift baskets and other items in the spirit of holiday giving and appreciation. Such gifts may be "addressed" to the agency itself, "addressed" and sent directly to a specific officer or employee, or delivered without any addressee. There is no "holiday" exception in the law or regulations governing these gifts; a gift is still gift, and, therefore, the provisions of the Political Reform Act and the regulations of the Fair Political Practices Commission (FPPC) regarding gift limits and gift reporting by individuals and the agency still apply. Here is some practical advice on how to navigate in these holiday waters. Gift baskets, food and treat trays, floral arrangements, or other items received by the agency may generally be shared amongst the employees. The main issue is whether the gift is addressed to the agency or to a specific employee. If it is addressed to the agency (or a department), then the agency administrator should decide what to do with it. In most cases, leaving it out for the employees to share in is fine, as long as no single employee "shares" in the entire gift or $50 worth of goods. An agency employee who receives a gift "on behalf' of the agency should inform someone designated by management, so that management can give direction to put the basket or other item out for all employees to share (or make some other disposition). This way, there is a paper trail or record showing the employee did not just take a gift that was intended for the agency. If the gift is addressed to an individual officer or employee, then it is a gift to that person. If the individual officer or employee does not want to have a reportable gift, the easiest way to deal with this is to have the recipient donate the gift to the agency. A paper trail or record should be created to evidence how the donation is made. We recommend that an individual designated by management should be sent an e-mail notification of an intent to donate a gift to the agency. That manager can then provide direction to share the basket or other gift with all employees. If the gift is something that cannot be shared (e.g., an iPad), then management can elect to donate it to charity or use it for some other legitimate purpose of the agency. This product provided under the Public Policy & Ethics Group Program