Ethics Office - San Diego Unified School District

6. Gifts

We will not accept gifts, services, travel, entertainment, jobs for immediate family members, or other special considerations that may give the appearance that the benefit could improperly influence district decisions.

Overview
Examples
Resources

Overview
Gift-giving and receiving can be a particularly troublesome area where employees may unintentionally stumble into an ethical dilemma. The general rule is this: no gift may be accepted, regardless of value, if it gives the impression of seeking partiality, favoritism or improper influence. For example, accepting gifts from vendors doing, or hoping to do, business with the district is prohibited.

The district has guidelines of $100 from a single source in a calendar year. Gifts include presents, money, gratuities, meals, beverages, entertainment, favors, or any other valuables.

The $100 limit applies to the exchange of gifts among and between employees and outside parties. It also applies to situations encountered as a representative of the district, such as dinner paid by an outside party while attending a conference. This applies to an employee’s spouse as well.

The $100 limit does not apply to gifts given to schools rather than individuals. A whole class giving a teacher money for classroom supplies would fall into this category. Such gifts become district property and normally will remain at the receiving school. Donated services such as labor and/or materials from individuals or groups for projects at school sites are also allowed. These include cleanup, minor maintenance and landscape improvements. All donated materials are managed and owned by the district. Once the project is completed, it becomes the property of the district.

Form 700 filers, see additional info and reporting requirements here.

Gifts between employees
Employees are welcome to exchange gifts. It is recommended that gifts exchanged between employees be of similar value. Pre-establishing dollar limits will clarify expectations and prevent employees from being put in uncomfortable positions. Senior employees should avoid appearances of favoritism and avoid selective gift-giving to subordinates.

Gifts from others
SDUSD employees should not—directly or indirectly—solicit any gifts from vendors, lobbyists, parents or others, especially those with whom the district is conducting or considering conducting business.

Unsolicited gifts that are allowable should be accepted only when there is a clear understanding that nothing is being exchanged for the gift and the relevant reporting requirements are met. If there is doubt about the intent or expectations relating to a gift, employees are encouraged to decline the gift or suggest that the giver make a contribution within the allowable guidelines to SDUSD instead. It is always a good idea to check with your department manager or director with any concerns or questions about the gift code. Even within the $100 limit, teachers should exercise judgment in accepting gifts that may appear excessive from students and parents.

See also honoraria.

Dealing with gifts transparently
Whether a gift is accepted or declined, it is important to create transparency around the exchange. This can be done very simply, either verbally or in writing.

Examples of simple communications for dealing with gifts transparently:

Accepting a Gift: “Thank you for your thoughtful gesture. I just want to be sure you know that no gift is necessary. We do our work without thoughts of receiving anything extra. I appreciate your honoring SDUSD’s gift policies.”
Refusing a Gift: “Thank you for your kind gesture. Unfortunately, it is outside the SDUSD gift policy, and I cannot personally accept it. I will be happy to a) return it to you, b) donate it to charity, or c) place it in our lounge to be shared with others. That way, there is no violation of the gift limit.”

Examples

Allowable	Not allowable
A $100 gift certificate to a teacher from a parent.	A $150 gift certificate from a parent to a teacher.
A gift basket valued at $120 from an entire classroom to a teacher.	Dinner and theatre tickets from a vendor to a principal during an out-of-state conference.
A holiday gift exchange between employees, with a $15 cap on the value of gifts exchanged.	A case of premium champagne from a vendor as a “thank-you” to a director who helped coordinate a contract with the district.
A carpenter donates $500 in labor and parts to build a work counter for a school library.	A principal takes a sculpture donated to a school by a parent to a new assignment at a different site.

Resources
Information on the district’s gift policies can be found in Administrative Procedures 9300, 9302, 9325, 7046, 2705 and 2415.

School board members and those designated to file Form 700 are also advised to take advantage of free online additional specialized training to become more familiar with complex laws that can carry substantial penalties.

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