University of Illinois

University Ethics Office

Gifts to Employees

Business and Financial Policies and Procedures - Section 9.8

Date: April 2006
Approved: Senior Associate Vice President for Business and Finance

 

Employees of the University should avoid accepting any kind of gratuities, tips or gifts. (See Section 7.2 Purchase of Goods and Services: Gratuities.)

 

GIFT BAN

The State Officials and Employees Ethics Act (Act), (5 ILCS 430/10) bans the solicitation and acceptance of gifts from prohibited sources to University employees. Gifts from prohibited sources to a University employee's spouse or immediate family also are banned.

Gift - any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value, including but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government and employment or the official position of an employee, member, or officer.

Employees - faculty, academic professionals, civil service workers, student workers, temporary workers, and members of the Board of Trustees. Board members are viewed as University employees with respect to the State Officials and Employees Ethics Act.

Prohibited Source - any person or entity who:

    • seeks official action by the University;
    • does business or seeks to do business with the University;
    • conducts activities regulated by the University;
    • has interests that may be substantially affected by the performance or non-performance of the official duties of the University; or
    • is registered or required to be registered under the Lobbyist Registration Act (25ILCS170).

The Ethics Act is not intended to impact the donor development activities of the University, University of Illinois Foundation or University of Illinois Alumni Association.

Options

An employee who receives a gift prohibited by the Act has the option of:
    • paying the market value for the gift;
    • returning the gift to the donor; or
    • giving the gift (or an amount of its equal value) to an appropriate charity (for example, a 501 (c) 3 organization).

Exceptions

Some exceptions are allowed by the Ethics Act. For example, employees can accept any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100. See Exceptions for additional exceptions and information.

 

IMPLEMENTATION AND ENFORCEMENT

University Ethics Officer

The University must designate an Ethics Officer . The Ethics Officer reviews Statements of Economic Interests and disclosure forms before they are filed with the Office of the Secretary of State. The Ethics Officer also offers guidance in interpreting and implementing the Ethics Act.

The University Ethics Officer may be contacted on the toll-free help line at: 1-866-758-2146 or by email at: ethicsofficer@uillinois.edu.

Inspector General

Inspectors General were created by the Ethics Act. Inspectors General have authority to receive and investigate allegations of fraud, waste, abuse, mismanagement, misconduct or other violations of the Ethics Act. The Executive Inspector General has issued a directive to state university administrators that anyone who reasonably believes that there has been misconduct must report it to the Office of the Executive Inspector General within five days. It is the policy of the University that employees will comply with this mandate. At the same time, the internal University reporting processes and responsibilities described in the policy must be followed. Complaints may be filed by contacting the Inspector General's office at 1-866-814-1113. In the event of an investigation, the Ethics Act requires employees cooperate fully with the Office of the Inspector General.

Ethics Commissions

The Ethics Act establishes an Ethics Commission. The Ethics Commission is appointed by the Governor (5 Commissioners), the Attorney General (1 Commissioner), the Secretary of State (1 Commissioner), the Comptroller (1 Commissioner), and the Treasurer (1 Commissioner) and has jurisdiction over multi-Constitutional offices and public University employees. The Ethics Commission may enforce the provisions of the Ethics Act only upon the receipt of a pleading filed by an Executive Inspector General through the Attorney General. If the Ethics Commission determines that an employee has violated the Ethics Act, it can recommend to the University that action be taken against that employee.

The recommended disciplinary action can be any of the following:

    • reprimand;
    • directive to cease and desist the action;
    • directive to return or refund the money or items;
    • dismissal or removal from office;
    • donation to a charity of an amount equal to the value of the gift;
    • fine of up to $1000; and/or
    • criminal prosecution.

EXCEPTIONS

The Ethics Act contains 12 categories of exceptions. Exceptions are outlined below for reference:

    • Opportunities, benefits, and services that are available on the same conditions as for the general public;
    • Anything for which the employee pays market value price;
    • Any contribution that is lawfully made under the Election Code or activities associated with a fundraising event in support of a political organization or candidate;
    • Educational materials and missions;
    • Travel expenses for meetings to discuss state business;
    • A gift from a relative;
    • Anything provided by an individual on the basis of personal friendship;
    • Food or refreshments not exceeding $75 per person in value on a single calendar day;
    • Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities of the employee or his/her spouse;
    • An intra-governmental or inter-governmental gift;
    • Bequests, inheritances, and other transfers at death; and
    • Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100.

 

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