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HOLIDAY GIFTS
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HOLIDAY GIFTS
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Last modified
7/19/2019 1:37:08 PM
Creation date
7/19/2019 9:10:49 AM
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City Clerk
Date
12/11/2015
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ICACW <br />BEST BEST & KMEGER 3 <br />ATTORNEYS AT LAW <br />Under the law, an employee who receives a gift may also return it, pay for it, or <br />donate it to charity or a government agency. This should also be documented. <br />In either case, while creating a paper trail or record is not necessarily a legal <br />requirement, it is a recommended "best practice" and will help to demonstrate that <br />there was no intent to use any gift for personal use, protecting employees from potential <br />violations of the Political Reform Act. Unless these types of gifts are to be utilized for a <br />business purpose, there is no need for the agency to complete any of the FPPC 800 <br />series forms for reporting gifts to the agency. <br />Here is a step-by-step guide <br />Step 1: Determine to whom the gift is addressed: <br />• If the gift is addressed to the agency, or a department of the agency, then the gift <br />does not belong to any individual. It should be referred to management. Management <br />will determine its use. If the gift is put in employee areas for sharing, then no employee <br />should take the gift or $50 or more in value from the gift. Employees should not keep <br />gifts that are made to the agency. <br />• If the gift is addressed to an employee personally, then the employee is the <br />recipient and must decide what to do. Go to Step 2. <br />Step 2: Determine the value of the gift: <br />• If the gift is valued at less than $50, the employee may keep the gift and may not <br />have to report it on the Form 700 if the employee received no other gifts from the same <br />source that would total $50 or more during the calendar year. (Most gift baskets will <br />have a value of more than $50.) <br />• If the gift is valued at $50 or more, the employee may keep the gift if permitted by <br />agency policy, but must report it on the Form 700 if from a reportable source of the <br />employee. <br />• If the gift is valued at over $460, then the value exceeds the annual gift limit <br />under state law and, if from a reportable source, the employee has 30 days to take <br />corrective action to pay the difference between the value of the gift and the $460 gift <br />limit, or more, or other actions described in Step 3. <br />2 <br />93939.0020E\22607484.3 <br />
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