What to do with bad gifts Published June 11, 2015 By Courtesy of Base Legal Office 19th Airlift Wing LITTLE ROCK AIR FORCE BASE, Ark. -- In our previous articles on gifts from outside sources, we have discussed the general rules, common exclusions (things that don't legally count as a "gift"), and common exceptions (gifts that you can legally accept under limited circumstances). Although the Standards of Conduct present a variety of times you can legally keep a gift from a prohibited source or a gift offered due to your official position, there will still be those times that you are offered a gift that is outside any exclusions or exceptions. Therein lies the million dollar question - what do you do when offered a prohibited gift? Before you do anything else, talk to your 19 AW/JA ethics counselor! Your ethics counselor can discuss the gift with you and get all the details to make sure the gift is truly a gift from an outside source, and that the gift doesn't fall within any exclusions or exceptions. However, if the gift really is one that can't be legally accepted, there are a variety of options available in the Standards of Conduct (5 C.F.R. § 2635.205). First, the best choice, whenever possible, is to refuse the gift (if possible) and diplomatically explain the restrictions on acceptance of gifts by Federal employees. Second, if you've already received the gift, return the gift to the donor, or pay the donor its fair market value. Third, if the item is perishable, it may be donated to charity, shared within your office, or destroyed with the approval of the supervisor or ethics counselor. (A note of caution: option 3 is only available for perishable items.) If the donor is bothered or otherwise disappointed, you can inform them that the base has a variety of Non-Appropriated Fund Instrumentalities (NAFIs) such as Base Morale, Welfare , and Recreation (MWR) or the base library, which can accept contributions and donations (with appropriate command approval) per AFI 34-201, Section 5B. Also, the would-be donor may make a gift directly to the Air Force under the specific rules and limitations of AFI 51-601. The best news here is this: if you dispose of the improper gift in accordance with the rules, either on your own initiative or on the advice of your ethics counselor, 5 C.F.R. § 205(c) states that you won't be found to have improperly accepted an unsolicited gift from an outside source. If you have any questions regarding gifts from outside sources, please visit the Little Rock AFB Legal Office located at 1250 Thomas Avenue, Suite 222, or call (501) 987-7886.
What to do with bad gifts Published June 11, 2015 By Courtesy of Base Legal Office 19th Airlift Wing LITTLE ROCK AIR FORCE BASE, Ark. -- In our previous articles on gifts from outside sources, we have discussed the general rules, common exclusions (things that don't legally count as a "gift"), and common exceptions (gifts that you can legally accept under limited circumstances). Although the Standards of Conduct present a variety of times you can legally keep a gift from a prohibited source or a gift offered due to your official position, there will still be those times that you are offered a gift that is outside any exclusions or exceptions. Therein lies the million dollar question - what do you do when offered a prohibited gift? Before you do anything else, talk to your 19 AW/JA ethics counselor! Your ethics counselor can discuss the gift with you and get all the details to make sure the gift is truly a gift from an outside source, and that the gift doesn't fall within any exclusions or exceptions. However, if the gift really is one that can't be legally accepted, there are a variety of options available in the Standards of Conduct (5 C.F.R. § 2635.205). First, the best choice, whenever possible, is to refuse the gift (if possible) and diplomatically explain the restrictions on acceptance of gifts by Federal employees. Second, if you've already received the gift, return the gift to the donor, or pay the donor its fair market value. Third, if the item is perishable, it may be donated to charity, shared within your office, or destroyed with the approval of the supervisor or ethics counselor. (A note of caution: option 3 is only available for perishable items.) If the donor is bothered or otherwise disappointed, you can inform them that the base has a variety of Non-Appropriated Fund Instrumentalities (NAFIs) such as Base Morale, Welfare , and Recreation (MWR) or the base library, which can accept contributions and donations (with appropriate command approval) per AFI 34-201, Section 5B. Also, the would-be donor may make a gift directly to the Air Force under the specific rules and limitations of AFI 51-601. The best news here is this: if you dispose of the improper gift in accordance with the rules, either on your own initiative or on the advice of your ethics counselor, 5 C.F.R. § 205(c) states that you won't be found to have improperly accepted an unsolicited gift from an outside source. If you have any questions regarding gifts from outside sources, please visit the Little Rock AFB Legal Office located at 1250 Thomas Avenue, Suite 222, or call (501) 987-7886.