It shall be a breach of this regulation for any person to
offer, give, or agree to give any employee or former employee, or for any
employee or former employee to solicit, demand, accept, or agree to accept from
another person, a gratuity or an offer of employment in connection with any
decision, approval, disapproval, recommendation, preparation of any part of a
program requirement or a Lease Request, influencing the content of any
specification or procurement standard, rendering of advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application,
request for ruling, determination, claim or controversy, or other particular
matter, pertaining to any program requirement or proposal thereof.
(1)
Relationship of Gratuity: In
addition, the gratuity or offer of employment must be made in relation to any
proceeding or application, request for a ruling, determination, claim or
controversy, or other particular matter, to constitute a breach, and in
connection with any:
a. Decision;
b. Approval;
c. Disapproval;
d. Recommendation;
e. Preparation of any part of a
RLP;
f. Action to influence the
content of any specification or procurement standard;
g. Rendering of advice;
h. Investigation;
i. Auditing; or,
j. Other advisory capacity.
(2)
Family: The
prohibition extends to the giving of gratuities to anyone on the state
employee's or former state employee's behalf such as a member of that
employee's immediate family.
(3)
When Prohibition Against Gratuities Not Applicable: This section
does not prohibit the following:
a. The
solicitation or acceptance of anything of monetary value from a friend, parent,
spouse, child, or other close relative when the circumstances make it clear
that the motivation for the transaction is unrelated to any procurement or
requirement with the State and is based upon a personal or family relationship;
b. The participation in the
activities of, or the acceptance of an award for, a meritorious public
contribution or achievement from a charitable, religious, professional, social
or fraternal organization, or from a non-profit educational, recreational,
public service, or civic organization;
c. Acceptance only on certain customary terms
of finance of a loan from a bank or other financial institution for proper and
usual activities of state employees, such as home mortgage loans; or
d. Acceptance of unsolicited advertising
products or promotional material, such as pens, pencils, note pads, calendars,
and other such items.
