Know the Code: Gifts and Gratuities

By the Office of Ethics and Compliance

The holiday season is a time of giving, making December a great time to highlight the Code of Ethics requirements regarding gifts and gratuities and how to stay on the right side of the holiday spirit.

The County is committed to ensuring its services and operations are provided honestly and fairly. The County's Code of Ethics makes clear it is improper to accept, or appear to accept, any gift or gratuity from contractors, vendors, or customers in exchange for a service, favor, privilege, or benefit that would not have otherwise been provided. While the giver's intent in these situations is almost always innocent, accepting these gifts could result in an actual or perceived conflict of interest for the employee. We never want to give the impression of accepting a gift in exchange for special treatment.  A good rule of thumb is to ask yourself if a reasonable person with knowledge of the relevant facts would question the employee’s integrity or impartiality as a result of accepting the gift. 

During the holiday season, clients, customers, contractors, or vendors may offer gifts, such as holiday dinners, fruit and wine baskets, gift cards, or concert tickets, as a thank you for your assistance throughout the year. The County reminds our vendors and contractors that rather than offering gifts, the best “thank you” is having them complete a customer service survey or sending a note of thanks.

What should you do if someone offers you a gift? Most importantly, know your department policy. Be aware and mindful of the potential for a perceived conflict of interest. When appropriate, kindly decline the gift or return it to the sender if possible. Items such as floral arrangements or boxes of candies or cookies can be shared with your department in a common area. Remember, you should inform your supervisor of any inappropriate offers of gifts, and if you are a Form 700 filer, you must comply with gift reporting requirements. 

CODE OF ETHICS

“It is improper to accept or give the appearance of accepting any gratuity in the form of compensation, preferential treatment, entertainment, service or promise of future benefits in exchange for providing special favors, privileges, benefits or services that otherwise would not have been provided.”

Refresh your knowledge by reviewing the County Code of Ethics, Administrative Manual Item 0010-3 (“CAO Rules Regarding Incompatible Activities and Conflict of Interest, Appendix C”), and department-level policies which may have department specific guidelines regarding gifts and when to report.

Remember, your Integrity is the greatest gift!

Check out the OEC webpage on InSite for information about upcoming Ethics & Compliance Program events, training, and resources including monthly “Know the Code” articles and micro-training videos.

If you have questions about Ethics & Compliance training or how to access the training and other Ethics & Compliance resources, please contact the OEC team at oec@sdcounty.ca.gov, 619-531-5174.  HHSA staff may also contact the dedicated HHSA Compliance and Privacy team at compliance.hhsa@sdcounty.ca.gov, 619-338-2807.

Know the Code is a monthly series highlighting different sections of the County of San Diego Code of Ethics.  The mission of the Office of Ethics and Compliance (OEC) is to assist in fulfilling the County's commitment to the highest standards of ethics and compliance.