III. V. Gifts

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Objectivity and integrity are essential qualities for members of the State Board and Department employees. If the Department is to carry out its mission of providing quality technical education, adult literacy education, continuing education, and customized business and industry workforce training to the citizens of Georgia, then the Board, the Department and its employees must maintain the highest levels of integrity and objectivity as they perform their duties. Employees and board members shall make every reasonable effort to avoid the appearance of a conflict of interest.

A member of the Board or an employee of the Department, or any other person on his or her behalf, shall not directly or indirectly solicit, receive, accept or agree to receive a thing of value by inducing the reasonable belief that the giving of the thing will influence his/her performance or failure to perform any official action. Such action is a felony under O.C.G. A. § 16-10-2.

Board members and Department employees are prohibited from knowingly accepting directly or indirectly, a gift from any vendor or lobbyist as those terms are defined in Georgia statutes. (O.C.G.A. § 21-5-70(6) and O.C.G.A. § 45-1-6(a)(5)(b)). If a gift has been accepted, it must be either returned to the donor or transferred to a charitable organization. A gift may be accepted by the employee on behalf of the Department or a Technical College subject to a written report to the Commissioner or Technical College President. The employee receiving the gift shall not maintain custody of the gift for any period of time beyond that reasonably necessary to arrange for the transfer of custody and ownership of the gift.

For purposes of this policy a gift is defined as lodging, transportation, personal services, a gratuity, subscription, membership, trip, loan, extension of credit, forgiveness of debt, advance or deposit of money, or anything of value. A gift shall not include:

  1. Food or beverage consumed at an occasional meal or event, provided the value is reasonable under the circumstances but in no event exceeds $100 per person;

  2. Food, beverages, and registration at group events to which substantial numbers of Department employees are invited;

  3. Food, beverage, or expenses afforded employees, relatives or others that are associated with normal and customary business or social functions or activities;

  4. Actual and reasonable expenses for food, beverages, travel, lodging and registration provided to permit participation in a meeting, demonstration, or training related to official or professional duties if participation has been approved in writing by the Commissioner, the President, or his/her designee;

  5. Promotional items generally distributed to the general public

  6. Textbooks, software, and instructional materials to be reviewed by faculty only if accepted by the faculty member on behalf of the Technical College;

  7. An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, political, professional, private or public service or achievement;

  8. Legitimate salary, honoraria, benefit, fees, commissions, or expenses associated with the recipient's non-public business, employment, trade, or profession;

  9. Gifts from a person or entity who is neither a lobbyist nor a vendor as those terms are defined in Georgia statutes, nor a student, nor a live work client at a Technical College; or

  10. Gifts from Technical College foundations or other separately incorporated, charitable entities.

References
O.C.G. A. § 16 -10-2 – Bribery statute
O.C.G.A. § 21-5-70(6) – Definition of vendor
O.C.G.A. § 45-1-6(a)(5)(b) – Definition of lobbyist
O.C.G.A. § 45-10-20 et seq. – State Conflict of Interest laws

Adopted: June 3, 2004