UNIVERSITY OF CALIFORNIA
POLICY AND GUIDELINES REGARDING ACCEPTANCE OF
GIFTS AND GRATUITIES BY EMPLOYEES
UNDER CALIFORNIA'S POLITICAL REFORM ACT
TABLE OF CONTENTS
I. POLICY
II.GUIDELINES
- Background on the Political Reform Act
- Reporting of Gifts on the Form 700 Statement of Economic Interests
- Disqualification as a Result of Receiving Gifts
- When is disqualification required as a result of receiving gifts?
- When does an official "make" a University decision which requires disqualification?
- When does an official "participate" in the making of a University decision requiring disqualification?
- When does an official attempt to use his or her official position to influence a University decision?
- What is a "material financial effect" on a source of gifts?
- Procedure for disqualification
- What is a Gift? General Rule
- What is a Gift? Specific Provisions of the Act and Regulations
- Wedding gifts are "gifts"
- Wedding gifts are generally treated as given equally to each newlywed
- Tickets to sporting, entertainment, or other non-fundraising events
- are gifts to an official unless treated as gifts to the University under FPPC regulations.
- Testimonial dinners and events are gifts
- Meals are gifts
- What is not a Gift? Specific Exceptions Under the Act and Regulations
- A discount or rebate in the normal course of business is not a gift
- Informational materials are not gifts
- Gifts returned to the donor or donated to the University or another charity are not "gifts"
- University policy documenting donation of gifts to the University
- Pay-down of gifts reduces value
- Reciprocity does not apply
- Gifts from certain relatives are not "gifts" under the Act
- A devise or inheritance is not a gift
- Personalized plaques and trophies valued at less than $250 are not gifts
- Reimbursement for travel or per diem expenses provided to an official by a bona fide non-profit entity exempt
from taxation under section (501(c)(3)) of the Internal Review Code
- Travel expenses in conjunction with a speech are sometimes not a gift
- Examples concerning treatment of travel expenses in connection with a speech
- Home hospitality is not a gift
- Gifts exchanged on special occasions are not "gifts"
- Gifts to members of a University official's family are generally not gifts to the official
- Prizes and awards from bona fide competitions are not gifts, but are treated as income
- Tickets to tax-exempt charitable or political fundraising events are not gifts
- Gifts given to the University which are used by a University official are sometimes not gifts
- Meals are sometimes not gifts
- Valuation and reporting of gifts from multiple donors
- Ethics in Government Act Prohibition on Acceptance of Gifts and Honoraria by Designated
Officials (Not Applicable to The Regents)
- Prohibition on receiving gifts
- Exceptions to prohibition on receiving gifts
- Are gifts of travel exempt from the prohibitions still subject to reporting and disqualification requirements?
- Prohibition on acceptance of "honoraria"
- Definition of "honorarium"
- Exceptions to the prohibition on receiving honoraria
- Return of gifts or honoraria negates acceptance
- Examples of application of gift and honoraria prohibition under the Ethics in Government Act
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Last updated March 15, 2001