U.S. Office of Government Ethics
1201 New York Avenue, NW, Suite 500
Washington, DC  20005-3917




					December 5, 2006
					DO-06-035


MEMORANDUM

TO:	  Designated Agency Ethics Officials 
	  and Inspectors General

FROM:	  Robert I. Cusick
          Director

SUBJECT:  A Reminder about Holiday Gifts & Fundraising


During the holiday season, questions often arise about the
solicitation and acceptance of gifts.  As you know, even
during the holidays, the Standards of Ethical Conduct for
Executive Branch Employees (Standards of Conduct) apply to
gifts from outside sources and gifts between Government
employees.  Therefore, please remind your agency’s employees
of the rules regarding gifts between employees, gifts from
outside sources (including contractor personnel), and
acceptance of free attendance at holiday parties.

The holiday season is also a time when employees remember
those who are in need of assistance. Therefore, this would be
an opportunity to remind employees about the rules related to
fundraising in the Federal workplace for charitable
organizations.  Of course, the Combined Federal Campaign (CFC)
is the only authorized solicitation of employees in the
Federal workplace on behalf of charitable organizations.
Employees may engage in fundraising in an official capacity in
the Government workplace only in accordance with CFC rules.
See 5 C.F.R. part 950.

Beyond the CFC rules regarding official fundraising, an
employee who wishes to engage in fundraising in a personal
capacity in the Federal workplace must comply with Subparts G
and H of the Standards of Conduct.     Thus, an employee may
not solicit funds or other support from a subordinate for a
favorite charity. 5 C.F.R. § 2635.808(c)(1).  Additionally, an
employee may not use his title, position, or other authority
associated with his public office to further any fundraising
effort.  5 C.F.R. § 2635.808(c)(2). And, of course, an
employee may not use Government resources such as e-mail and
photocopier equipment, or Government time, in support of a
private fundraising effort.  5 C.F.R. §§ 2635.704 and
2635.705.

While some agencies may have de minimis use policies that
permit certain personal uses of Government resources, it is
unlikely that any of these policies would permit broad
solicitations for charitable contributions.  Moreover, any
such use would still have to comply with the restrictions
related to solicitation of subordinates and the misuse of
Government title, position, and the authority associated with
public office.

Thank you for your assistance in these matters, and please
accept my best wishes for a happy holiday season for you and your
family.