AR 3821 Gift Ban Policy
References:
California Code of Regulations, Title 2, Sections 18730 et
seq.
California Government Code, 87200 and 54950
Introduction
Board Policy 3821 prohibits designated employees and
officers of the Rancho Santiago Community College District from soliciting or accepting
gifts from entities or individuals who do business with the District. It is the intent of the policy to prevent
undue influence on decisions and recommendations made by designated employees
and officers as well as eliminating the appearance of any undue influence. The list of designated employees and officers
is contained in Exhibit A of Administrative Regulation (AR) 2712.
Purchasing
The negotiation of either quantity or trade discounts with
suppliers for all purchases shall be by the Vice Chancellor of Business
Operations/Fiscal Services or his designee only. The District prohibits the use of gifts,
incentives, inducements, favors, monetary returns, either promised or given,
and/or rebates of any kind (hereinafter referred to as incentives) that do not
accrue directly to the District. Any supplier of goods or services attempting
to or providing such incentives shall be subject to the immediate termination
of any existing and future purchase order to the supplier. The District will take any and all
appropriate actions deemed necessary, including but not limited to referral to
local law enforcement authorities.
Exempted Activities
1. Volunteer Service on Non-Profit/Not-for-Profit Boards
It is recognized that the District benefits from community
involvement by designated employees and officers. Service on professional and community
organizations provide value to the District, its programs and students. In that regard, meals, beverages, and
expenses related to attendance at conferences, meetings, planning sessions,
etc., which are incidental to service on the board or committee of a non-profit
or not-for profit organization, are not considered gifts for the purposes of this
Board Policy. Examples of
non-profit/not-for-profit organizations include but are not limited to:
- Community Organizations (e.g. chambers of commerce, service
clubs, Orange County Human Relations Commission)
- Foundations (e.g. college/district foundations, Community
Foundation of Orange, Education Foundation for Orange County Schools, Orange
County Hispanic Education Endowment Fund)
- Professional Associations (e.g. Community College League of
California, California Community College Trustees, Chief Executive Officers of
the California Community Colleges, Association of California Community College
Administrators)
- Credit Unions (e.g. SchoolsFirst Federal Credit Union,
Comunidad Latina Federal Credit Union)
2. Joint Powers Authorities
The District is a member of joint powers authorities which
provide coverage for a wide range of insurance risks including
property/liability, workers compensation, and health benefits. These agencies are governed by elected boards
and appointed committees which oversee the programs and benefits provided to
the member districts. Designated employees
and officers who serve on boards and committees of joint powers authorities are
authorized to attend meetings, planning sessions, workshops and conferences
sponsored by these agencies, which may or may not include sponsored meals,
beverages or related activities.
3. Participation in Fundraising Events
The district and college foundations, as well as other
community organizations, periodically hold fundraising events (e.g. golf
tournaments, recognition dinners, etc.) which designated employees and officers
may attend by paying a registration fee with personal funds. Events of this nature may include sponsored
meals, beverages or commemorative gifts, which are provided to all persons
attending the event are not considered gifts under the provisions of BP 3821.
4. Professional Conferences/Workshops
The District provides funding for designated employees and
officers to attend conferences and workshops which focus on professional
development. Portions of these
conferences, such as meals, refreshment breaks, or commemorative gifts, may be
sponsored. The participation of
designated employees and officers in these conferences and workshops does not
constitute the receipt of a gift under the provisions of BP 3821.
5. District/College Events and Recognition Ceremonies
The District and its colleges periodically hold events and
recognition ceremonies (e.g. convocations, service recognitions, employee
orientations etc.) which may include food, beverages and/or commemorative gifts
that may be sponsored or underwritten by outside organizations. Meals, beverages or commemorative gifts,
which are provided to all persons attending the event are not considered gifts
under the provisions of BP 3821.
Applicability of California Fair Political Practices
Regulations
Some items of value and activities exempted from the
definition of gifts for the purposes of BP 3821 may still be subject to disclosure
by the designated employee or officer pursuant to the regulations of the
California Fair Political Practices Commission.
Each designated employee and officer is responsible for maintaining a
record of items received during the course of a year that are subject to
disclosure on the Annual Statement of Economic Interests (Form 700).
Adopted: June 15, 2016