In the legislative history and other documents
that led to the legislation at section 4508 of title 5, United States
Code, that bans the granting of awards to political appointees during
a Presidential election period, the subject under discussion was clearly
limited to "bonuses" or awards with principally a monetary value.
There is no evidence that the prohibition was intended to include
awards that are primarily honorary in nature (i.e., that do not grant
cash). Therefore, the Office of Personnel Management interprets both
the law and its accompanying regulation to prohibit any cash award
and any other bonus delivered under the cover of a nonmonetary award,
i.e., any award with an apparent value that is more monetary than
honorific. Applying this interpretation, award categories are treated
as follows:
Cash AwardsThe ban on awards (i.e., performance awards,
special act or service awards, etc.) that take the form of cash
is absolute for political appointees during a Presidential election
period. Under no circumstances may a political appointee receive
an award in the form of cash, including any honorarium or stipend
that may be associated with an agency honorary award.
Time-Off AwardsBecause a time-off award is ultimately delivered
in the form of pay for time not worked, it must be construed in
this context as tantamount to a cash award. Consequently, the ban
on time-off awards is absolute. For the purposes of section 451.105(a)
of title 5, Code of Federal Regulations, a time-off award is considered
"received" when it is granted. Under no circumstances may a political
appointee receive a time-off award during a Presidential election
period.
Honorary Awards and Informal Recognition AwardsHonorary awards
and informal recognition awards may take a wide variety of forms
with a wide variance in monetary value, both in terms of direct
cost and the appearance of such value. The Office of Personnel Management
concluded that an agency may grant a political appointee an honorary
or informal recognition award during a Presidential election period,
provided that the form of the honorary award avoids the appearance
of replacing a bonus. Agencies must exercise good judgment in selecting
honorific items. Such items should create the inherent impression
of symbolic value (an honor being bestowed) rather than monetary
worth (cash value). For example, presenting a commemorative photograph
or a certificate in a simple, inexpensive frame would be appropriate,
but presenting an expensive crystal carafe would not be.
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