Gifts to Employees
The State Officials and Employees Ethics Act (Ethics Act) bans the solicitation and acceptance of gifts from prohibited sources to University employees. A gift is defined by the Act as any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value. This includes cash, food and drink, and honoraria for speaking engagements related to the employee's position with the University of Illinois. A prohibited source is defined by the Ethics Act as any person or entity who conducts business with, seeks to do business with, has interests that may be substantially affected by, or seeks to obtain some official action from the University or an employee of the University.
Though the Gift Ban section of the law states employees and their family members may not solicit or accept gifts from prohibited sources, there are exceptions that do allow for acceptance of gifts. The exceptions listed below have been modified to reflect the impact of Illinois Executive Order 15-09 (January 13, 2015), which further restricts gift acceptance beyond the limitations within the Ethics Act.
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Opportunities, benefits, and services that are available on the same conditions as for the general public.
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Anything for which the employee pays market value price.
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Any contribution that is lawfully made under the Election Code or activities associated with a fundraising event in support of a political organization or candidate.
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Educational materials and missions (training courses provided by vendors). Use of this exception must be approved in advance by the University Ethics Officer, as delegated by the Executive Director of the Executive Ethics Commission.
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Travel expenses for meetings to discuss state business. Use of this exception must be approved in advance by the University Ethics Officer, as delegated by the Executive Director of the Executive Ethics Commission.
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A gift from a relative.
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Anything provided by an individual on the basis of personal friendship.
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If the gift is in the form of food and/or beverage provided as a de minimus meal or refreshment at a business meeting or reception attended by the employees as part of their university responsibilities.
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Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities of the employee or his/her spouse.
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An intra-governmental or inter-governmental gift.
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Bequests, inheritances, and other transfers at death.
There are two other exceptions within the law that were made obsolete for executive branch state agency/university employees with the signing of Executive Order 15-09 on January 13, 2015.
- Employees can no longer solicit or accept gifts from a prohibitive source, even in the cumulative value is less than $100 per calendar year, with the exception of students whose employment is a direct result of their enrollment (e.g., medical residents, student workers, graduate assistants, teaching assistants).
- Food and beverage under $75 per calendar day can no longer be accepted, with the exception of student employees whose employment is a direct result of their enrollment (e.g., medical residents, student workers, graduate assistants, teaching assistants). Only food or beverage provided as a de minimus meal or refreshment while performing official duties is permissible (see exception #8 above)
Please Note: if your department has stricter policies that would prohibit your acceptance of a gift, you must abide by the policies within your unit. University policy would supersede the law in cases where the policy is stricter.
Refer to the University Ethics and Compliance Office website or Section 9, Audits and Internal Control for additional information.
Ethics Commission
The Illinois Executive Ethics Commission (Ethics Commission), appointed by the Governor, has jurisdiction over University employees and may enforce the provisions of the Ethics Act only upon the receipt of a pleading filed by an Executive Inspector General. If the Ethics Commission determines that an employee has violated the Ethics Act, it can recommend to the University that disciplinary action be taken against that employee.
The recommended disciplinary action can be any of the following:
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A reprimand
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A directive to cease and desist the action
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A directive to return or refund the money or items
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A dismissal or removal from office
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A donation to a charity of an amount equal to the value of the gift
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A fine of up to $1000
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Criminal prosecution
University Ethics and Compliance Office
The University has established a University Ethics and Compliance Office. The University Ethics and Compliance Office reviews Statement of Economic Interests forms, administers the annual ethics training and offers guidance in interpreting and implementing the Ethics Act. If you have any questions related to the Ethics Act, you can contact the University Ethics and Compliance Office on the Ethics Line at 866-758-2146 or via email at ethicsofficer@uillinois.edu.
Last Updated: April 2, 2015