JOINT BASE SAN ANTONIO-FORT SAM HOUSTON, Texas –
These are tough days for everyone, including Department of Defense employees. Even if we still have a job, family members might be laid off or sick, or we may have friends in need of support.
Regardless of our circumstances, however, the basic ethics rules governing federal employees continue to apply, including the rules on accepting gifts and fundraising.
Before discussing gifts and fundraisers, remember that Soldiers in financial need may seek assistance from the Army Emergency Relief program at https://www.armyemergencyrelief.org/
In regards to rules on gifts and fundraisers, all of us should have received, at some point in our careers, information about accepting gifts.
The Code of Federal Regulations (5 CFR §2635) lays out a couple of basic gift rules to remember:
1) We are generally prohibited from soliciting or accepting gifts that were given to us because of our status as Soldiers or Army employees, and
2) We are not to accept gifts from prohibited sources, which are organizations that do business/seek to do business with the DOD.
Note that these rules apply to all gifts, including donations of personal protective equipment, or PPE, and other COVID-19 responsive items.
The gift rules are simple enough, but as with any set of rules, there are always exceptions, such as the 20/50 rule, which allows an employee to accept a gift worth up to $20 in value per occasion from a single source, and no more than $50 total value per year of all gifts from a single source.
Employees may also accept gifts, from any source, that have been made available to the public in general or to all military members. A complete list of exceptions is found in 5 CFR 2635.204.
What about fundraising through applications that facilitate crowdfunding? Remember the other half of the gift rule: in addition to prohibitions on acceptance, Soldiers are prohibited from soliciting gifts in their official capacity.
The rules on fundraising and gifts are complex – if you have a question on a fundraiser or gift, see your chain of command or ethics advisor in the command’s office of the staff judge advocate.
JBSA Legal News for Soldiers is a publication of Soldier Legal Services at Joint Base San Antonio-Fort Sam Houston, located at 2422 Stanley Road, building 134, Joint Base San Antonio-Fort Sam Houston, and can be reached at 210-808-0169.