3.47 ACCEPTANCE OF GIFTS

Effective: August 15, 2024

Purpose: To provide guidance on the acceptance of gifts by University employees.

Scope: This policy applies to all University employees campus wide.

Responsible Office: Human Resources

Policy Statement: Kansas law prohibits any state employee from accepting or requesting meals, gifts, entertainment, and travel with a few exceptions.

Impermissible Actions

As a general rule, employees are prohibited from soliciting or accepting free or discounted meals, the value of which exceeds $40.00 unless a particular course of official action is expected to be followed, from a source outside state government.

Exceptions to the meal rule are:

• Meals motivated by a personal or family relationship,
• Beverages and snack foods not offered as part of a meal,
• Meals provided at public events which employees attend in their state capacity,
• Meals provided to employees when it is obvious the meal is not being provided because of their state position,
• Meals provided at the time employees make a speech they provide in their state capacity, and
• Meals provided to employees at an event or meeting when their attendance at that event or meeting serves a legitimate state interest and their attendance is properly authorized by an appropriate ESU official.

State employees are prohibited from soliciting or accepting any gift because of their official position. This includes, but is not limited to pens, pencils, mugs, and flowers.

An employee may not designate a friend, family member, or entity (for example, a charity) to receive a gift that they cannot receive.

Exceptions to the gift rule are:

• Gifts valued at less than $40 given at ceremonies or public functions attended in their capacity as a state employee,
• Gifts from relatives or personal friends, and
• Gifts accepted on behalf of the state and which become state property.

Employees are prohibited from accepting gifts in the form of entertainment. Entertainment includes free or discounted tickets or passes to events such as plays, concerts, games, golf, hunting, fishing, and other recreational activities.

Employees may not receive discounted or complimentary registration fees to attend conferences and seminars from any person or company because of their official position unless ESU would be willing to pay for the registration fee.

Employees may not accept travel and/or lodging provided to them because of their official position by any person or company. An exception to this travel expense rule exists when the state agency would be willing to pay the employee’s expenses for travel, lodging, and related expenses.

Permissible Actions

The following can be accepted without violating the law:

• Gifts given to employees by someone based on a personal relationship totally unrelated to their state duties.
• Soft drinks, coffee, or snack foods not offered as part of a meal.
• Awards and plaques with a value of less than $40.00 presented in recognition of service to the community, etc., when presented at a public ceremony.
• Prizes given in truly random drawings.
• Rebates, discounts, or promotional items available to any citizen or to all state employees.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in another University or Board of Regents policy or by statute or regulation.

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of Human Resources.

[Human Resources procedures - coming soon]

Related Policy Information: K.S.A. 46-237; K.S.A. 46-237a;