"Policing" Gift Giving.Q: One of our board members sends gifts to individual staff members, some of which are worth more than $50. Are such gifts proper? Is it necessary to adopt a policy to address this issue? A . Avoiding the appearance of a conflict of interest can be just as important as identifying an actual conflict of interest. The association does not want to leave the impression that there is a "double standard" in that some board members receive more prompt attention from association staff than others because of their gift-giving practices. Therefore, in the interests of clarity for both board members and association staff, gifts of high value, or based on questionable motives, should be avoided. A policy focused on employees is more realistic in terms of an executive director's ability to oversee policy compliance, as opposed to trying to "police" board members. A reasonable written policy needs to * state a general prohibition prohibition, legal prevention of the manufacture, transportation, and sale of alcoholic beverages, the extreme of the regulatory liquor laws. The modern movement for prohibition had its main growth in the United States and developed largely as a result of the against gifts (e.g., in an employee handbook An employee handbook (or employee manual) details guidelines, expectations and procedures of a business or company to its employees. Employee handbooks are given to employees on one of the first days of his/her job, in order to acquaint them with their new company and and board-orientation materials); * acknowledge that association staff may receive gifts from board members on special occasions to denote de·note tr.v. de·not·ed, de·not·ing, de·notes 1. To mark; indicate: a frown that denoted increasing impatience. 2. appreciation for service to the association; * define such gifts as being of incidental Contingent upon or pertaining to something that is more important; that which is necessary, appertaining to, or depending upon another known as the principal. Under Workers' Compensation statutes, a risk is deemed incidental to employment when it is related to whatever a , "de minimis An abbreviated form of the Latin Maxim de minimis non curat lex, "the law cares not for small things." A legal doctrine by which a court refuses to consider trifling matters. " value (e.g., not to exceed $35); * suggest that gifts or donations to the association beyond this amount be donated to the charity of the association's choice or the association's foundation; * apply this policy to association vendors, suppliers, and similar entities; and * require all association employees to disclose receipt of any gifts received from a board member to the chief staff officer who should then disclose any such receipt of gifts to the board. Submitted by C. Scott Litch, deputy executive director and general counsel, American Academy The American Academy in Berlin is a non-partisan academic institution in Berlin. It was founded in September 1994 by a group of prominent Americans and Germans, among them Richard Holbrooke, Henry Kissinger, Richard von Weizsäcker, Fritz Stern and Otto Graf Lambsdorff and opened in of Pediatric Dentistry pediatric dentistry, n See pedodontics. , Chicago. Litch is a member of ASAE's Ask the Legal Section Committee. The "Legal" item is not intended as legal advice but rather as an educational overview. |
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