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

  1. Background on the Political Reform Act

  2. Reporting of Gifts on the Form 700 Statement of Economic Interests

  3. Disqualification as a Result of Receiving Gifts
    1. When is disqualification required as a result of receiving gifts?
    2. When does an official "make" a University decision which requires disqualification?
    3. When does an official "participate" in the making of a University decision requiring disqualification?
    4. When does an official attempt to use his or her official position to influence a University decision?
    5. What is a "material financial effect" on a source of gifts?
    6. Procedure for disqualification

  4. What is a Gift? General Rule

  5. What is a Gift? Specific Provisions of the Act and Regulations
    1. Wedding gifts are "gifts"
    2. Wedding gifts are generally treated as given equally to each newlywed
    3. Tickets to sporting, entertainment, or other non-fundraising events
    4. are gifts to an official unless treated as gifts to the University under FPPC regulations.
    5. Testimonial dinners and events are gifts
    6. Meals are gifts
  6. What is not a Gift? Specific Exceptions Under the Act and Regulations
    1. A discount or rebate in the normal course of business is not a gift
    2. Informational materials are not gifts
    3. Gifts returned to the donor or donated to the University or another charity are not "gifts"
    4. University policy documenting donation of gifts to the University
    5. Pay-down of gifts reduces value
    6. Reciprocity does not apply
    7. Gifts from certain relatives are not "gifts" under the Act
    8. A devise or inheritance is not a gift
    9. Personalized plaques and trophies valued at less than $250 are not gifts
    10. 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
    11. Travel expenses in conjunction with a speech are sometimes not a gift
    12. Examples concerning treatment of travel expenses in connection with a speech
    13. Home hospitality is not a gift
    14. Gifts exchanged on special occasions are not "gifts"
    15. Gifts to members of a University official's family are generally not gifts to the official
    16. Prizes and awards from bona fide competitions are not gifts, but are treated as income
    17. Tickets to tax-exempt charitable or political fundraising events are not gifts
    18. Gifts given to the University which are used by a University official are sometimes not gifts
    19. Meals are sometimes not gifts
    20. Valuation and reporting of gifts from multiple donors
  7. Ethics in Government Act Prohibition on Acceptance of Gifts and Honoraria by Designated Officials (Not Applicable to The Regents)
    1. Prohibition on receiving gifts
    2. Exceptions to prohibition on receiving gifts
    3. Are gifts of travel exempt from the prohibitions still subject to reporting and disqualification requirements?
    4. Prohibition on acceptance of "honoraria"
    5. Definition of "honorarium"
    6. Exceptions to the prohibition on receiving honoraria
    7. Return of gifts or honoraria negates acceptance
    8. Examples of application of gift and honoraria prohibition under the Ethics in Government Act


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Last updated March 15, 2001