1804.1 Except as provided in Subsection 1804.6, this section contains standards that prohibit an employee from giving, donating to, or soliciting contributions for, a gift to an official superior and from accepting a gift from a co-worker receiving less pay than the employee, unless the item is excluded from the definition of a gift or falls within one of the exceptions set forth in this section.

1804.2 Except as otherwise provided in this section, an employee may not:

1. (a) Directly or indirectly, give a gift to or make a donation toward a gift for an official superior; or
2. (b) Solicit a contribution from another employee for a gift to their official superior or the other employee's official superior.

1804.3 Except as provided in this section, an employee may not, directly or indirectly, accept a gift from an employee receiving less pay than themself unless:

1. (c) The two employees are not in a subordinate-official superior relationship;
2. (d) There is a personal relationship between the two employees that would justify the gift; and
3. (e) The gift was not given or solicited to gain or induce any professional advantage.

1804.4 Notwithstanding any exception provided in this section, an official superior shall not coerce a subordinate to make or contribute to a gift.

1804.5 For purposes of this section, the following meanings apply:

1. (f) "Gift" has the meaning set forth in Section 1803. For purposes of that definition an employee will be deemed to have paid market value for any benefit received as a result of their participation in any carpool or other such mutual arrangement involving another employee or other employees if he or she bears their fair proportion of the expense or effort involved.
2. (g) "Official superior" means any other employee including but not limited to an immediate supervisor, whose official responsibilities include directing or evaluating the performance of the employee's official duties or those of any other official superior of the employee. For purposes of this section, an employee is considered to be the subordinate of any of his official superiors.

(h) “Solicit” means to request contributions by personal communication or by general announcement.

(i) “Voluntary contribution” means a contribution given freely, without pressure or coercion. A contribution is not voluntary unless it is made in an amount determined by the contributing employee, except that where an amount for a gift is included in the cost for a luncheon, reception or similar event, an employee who freely chooses to pay a proportionate share of the total cost in order to attend will be deemed to have made a voluntary contribution. Except in the case of contributions for a gift included in the cost of a luncheon, reception or similar event, a statement that an employee may choose to contribute less or not at all shall accompany any recommendation of an amount to be contributed for a gift to an official superior.

1804.6 The prohibitions set forth in Subsections 1804.2 and 1804.3 do not apply to a gift given or accepted under the circumstances established in Paragraphs (a) and (b) of this subsection. A contribution or the solicitation of a contribution that would otherwise violate Subsections 1804.2 and 1804.3 may only be made in accordance with Paragraph (c) of this subsection.

(j) On an occasional basis, including any occasion on which gifts are traditionally given or exchanged, the following may be given to an official superior or accepted from a subordinate or other employee receiving less pay:

(1) Items, other than cash, with an aggregate market value of $10 or less per occasion;

(2) Items such as food and refreshments to be shared in the office among several employees;

(3) Personal hospitality provided at a residence which is of a type and value customarily provided by the employee to personal friends; and

(4) Items given in connection with the receipt of personal hospitality if of a type and value customarily given on such occasions.

(k) A gift appropriate to the occasion may be given to an official superior or accepted from a subordinate or other employee receiving less pay:

(5) In recognition of infrequently occurring occasions of personal

significance such as marriage, illness, or the birth or adoption of a child; or

(6) Upon occasions that terminate a subordinate-official superior relationship, such as retirement, resignation, or transfer.

(l) An employee may solicit voluntary contributions of nominal amounts from fellow employees for an appropriate gift to an official superior and an employee may make a voluntary contribution of a nominal amount to an appropriate gift to an official superior:

(7) On a special, infrequent occasion as described in paragraph (b) of this section; or

(8) On an occasional basis, for items such as food and refreshments to be shared in the office among several employees.

(m) An employee may accept such gifts to which a subordinate or other employee receiving less pay than himself or herself has contributed.

1804.7 For the purposes of Subsections 1804.3 and 1804.4 of this section, the term nominal means an individual cash donation of no more than ten dollars ($10) or an individual voluntary gift of no more than ten dollars ($10) in market value.

SOURCE: Final Rulemaking published at 28DCR 3611 (August 14, 1981); as amended by Final Rulemaking published at 30 DCR 5542 (October 28, 1983); as amended by Final Rulemaking published at 33 DCR 6794 (October 31, 1986); as amended by Final Rulemaking published at 61 DCR 3799 (April 11, 2014).