Everyday Ethics

Gift Resource Center: Basic Overview of Gift Rules for Public Officials

The law governing public officials' acceptance of gifts is complex and confusing. That's why some officials simply decline gifts.

Should one decide to enter the gift maze, this resource center helps local officials navigate the rules. Read more »

Running an Ethical and Effective Campaign

This 2004 article offers tips to local officials on running a clean campaign. Read more »

Promoting Civility in Public Discourse

The Institute has developed and collected a number of resources relating to civility in public debate and at public meetings.Read more »

Reporting Intermediaries

Looking for a printable footnoted versions of this material? See pdf version in box at right.Read more »

No-Gifts Policies

A no-gifts policy:

Can avoid the appearance that improper considerations influenced official decisions;
Simplifies annual reporting and compliance with ethics laws; and
Avoids the awkwardness of having to reject a gift if potential gift-givers are made aware of no-gifts policies.

For additional resources on either an agency or personal no-gifts policy, please see www.ca-ilg.org/giftssamplelanguage.

Question 3: Was Something Provided in Exchange?

Looking for a printable footnoted version of this material? See pdf version in box at right.

The core concept underlying the notion of a gift is that it is something someone gives another for nothing in return. Consequently, if you pay for what you received or otherwise exchange goods or provide services of equal or greater value for it, it does not fit within the definition of a gift.

Here are the questions to ask yourself to determine whether or not you are in gift territory:Read more »

Question 2: Identifying the Source of a Gift

Looking for a printable footnoted versions of this material? See pdf version in box at right.Read more »

Statement of Economic Interests (Definition)

Public officials who make governmental decisions that could affect their personal financial interests must annually disclose certain personal investments, interests in real property, sources of income, gifts, loans and business positions on the Statement of Economic Interests (FPPC Form 700).Read more »

Question 4: What Kind of Gift is it and do Special Rules Apply as a Result?

Question 4: What Kind of Gift Is It and Do Special Rules Apply as a Result?

Looking for a printable footnoted version of this material? See pdf version in the box at right.

The basic rules of thumb are:

Gifts from family members (as defined in the Fair Political Practices Commission regulations) are OK and not subject to gift limit and reporting requirements, as long as the family member is not acting as an intermediary for someone else who the true source of the gift; and
Gifts you exchange with friends on birthdays, holidays and similar occasions are OK and not subject to gift limit and reporting requirements, as long as the gifts are of approximately equal value.

All other gifts, gestures, gratuities and discounts are subject to fairly complex rules. In crafting these rules, the Fair Political Practices Commission (FPPC) is working to address situations in which gifts are efforts to influence or curry political favor with the recipient or are capable of creating that perception.

It’s important to keep in mind that even if these special rules mean that a gift is not, for example, subject to the gift limit, accepting it may obligate the official to step aside from any decision-making process that involves the gift-giver. The FPPC reminded a finance official of this fact when it gave advice about accepting a scholarship that included travel expenses for a California Municipal Treasurers Association conference. In that instance, the finance official accepted the scholarship. Although the travel expenses were not subject to the gift limit, the travel was nevertheless a gift. The FPPC advised the official to be alert and get additional advice should a situation arise in which the official would be making a decision that would affect CMTA to make sure the official stayed on the right side of the rules (an example might be the decision to pay CMTA dues).Read more »

Question 1: What's the Gift's Value?

How Does One Determine the Value of a Gift for Reporting Purposes?

Looking for the printable foodnoted version of this material? See pdf version in the box at right.

The general rule is that one must report the fair market value of the gift. For example, if someone buys you dinner, you should report your portion of the tab (which may include the amount spent on your spouse, partner or guest; parking; tip, etc.).

Some other rules relating to valuing gifts:Read more »

Question 5: Which Course of Action?

Looking for a printable footnoted version of this material? See pdf version in box at right.

Putting aside some of the complexities of when and how the gift rules apply, here are some questions for public servants to ask when they receive a gift.Read more »

Transparency in Local Government: Protecting Against Corruption

What can local officials and their communities do to prevent a culture of self-interest over public interest from taking hold? What can they do to make sure abuses of authority do not occur in their communities?

In the Institute's December 2010 "Everyday Ethics" offering, the Institute outlines a three-part strategy.Read more »

Dealing with Emotional Audiences

What techniques have you used to calm an emotionally charged situation in a meeting? Share your experience and see what your colleagues have shared.

Public Agencies and Ballot Measure Campaigns

This article explains the impact of a California Supreme Court decision (Vargas v. City of Salinas) on the use of public resources for campaign purposes in ballot measure campaigns.Read more »

Dealing with Emotional Audiences

This article provides strategies that leaders can employ to maximize the likelihood that public meetings on controversial issues will involve constructive exchanges that contribute to the best decision being made.

Taking Chances with Ethics Laws

This article discusses what could happen if ethics laws are not adhered to.

Using Public Resources for Charitable Purposes

This article discusses the use of public resources for charitable purposes.

Let’s Not Make a Deal: Vote-Trading and Similar Practices Raise Legal and Ethical Issues

This article addresses the ethical concerns and legal consequences of vote-trading.

Badges for Officeholders and Prominent Members of the Community: A Bad Idea

This article addresses the pitfalls of issuing badges to public officials who are not public safety officers. Read more »

Agency No-Gifts Policies

The "Everyday Ethics" column in the box at right discusses the ethical rationale for enforcing an agency no-gifts policy and offers practical suggestions for how to deal with gifts given to an agency or its employees.

The following materials were developed to aid agencies in adopting and administering a no-gifts policy.Read more »

Semper pro Populus: Fiduciary Duties and Public Service

This article analyzes the parallels between public service ethics laws and fiduciary responsibilities. It also notes specific areas of the law (investing money and overseeing public pension plans), where fiduciary obligations are more express.

Making a Federal Case Out of Corruption

This article explains federal laws governing public service ethics, with a particular focus on "honest services fraud."

When an Elected Official Skirts the Law and Scandal Looms

This article offers examines the various ethical dimensions of a situation in which one of an agency's own elected officials is violating the law and perhaps expects her agency to overlook the transgression(s). Read more »

Article: Understanding the Role of Ethics Commissions

This article explains what ethics commissions can and can't do to help a local agency promote public service ethics. It also briefly examines the role of ethics committees, ethics task forces and ethics hotlines.Read more »

Attending Conferences

This article addresses the ethical issues that arise when a public official travels to a conference at public expense, but then doesn't attend the conference sessions. Fortunately, this doesn't happen often, but this column offers thoughts on what to do if it does. The column also addresses frequent flyer mileage issues.

For Whom the Whistle Blows

This article addresses the sticky situation that arises when a staff member suspects improper activities but can't get the attention of his or her supervisor or elected officials to address the issue. Read more »

Buying Meals for Others on the Public’s Dime

This article looks at legal and other restrictions associated with public officials using public resources to buy meals and make similar gestures.

Career-Saving Tips on Mass Mailings

This article explains the scope of the law that prohibits the use of public resources to send mailings that features the name or likeness of elected officials, including a handy diagram of how the law operates. The article also identifies traps for the unwary.

Taking the Bite Out of Blogs: Ethics in Cyberspace

This article examines the difficult issues that can sometimes be presented by an active blogosphere in a community. Blogs can play a very constructive role as a source of worthwhile public information. But blogs can also sometimes be significant sources of mis-information. When that is the situation, what can public officials do?

How Your Agency Counsel Should Advise You When Agency Contracts Represent a Conflict of Interest

This article does two things. First, it explains California's prohibition against officials having an interest in contracts entered into by their agency (found in Government Code section 1090). Second, it explains the role of agency counsel in advising on ethics issues, including the responsibility to promote compliance with ethics laws.