Legal Documents of Kingston

Code of Kingston

Kingston
Title 1 : General Administration
Chapter 4 : Code Of Ethics

1-406 : Exceptions.

  1. The prohibition on accepting gifts in § 1-405 does not apply to:

     

    1. A gift given by a member of the employee's immediate family, or by an individual if the gift is given for non-business purpose and is motivated by a close personal friendship and not by the position of the employee.
    2. Informational materials in the form of books, articles, periodicals, other written materials, audio tapes, video tapes, or other forms of communication.
    3. Sample merchandise, promotional items, and appreciation tokens, if they are routinely given to customers, suppliers, or potential customers or suppliers in the ordinary course of business.
    4. Unsolicited tokens or awards of appreciation, honorary degrees, or bona fide awards in recognition of public service in the form of a plaque, trophy, desk item, wall memento or other similar items; provided, that any such item shall not be in a form which can readily converted to cash.
    5. Food, refreshments, foodstuffs, entertainment, or beverages provided as part of a meal or other event, if the value of such items does not exceed fifty dollars ($50.00) per occasion; provided further that the value of a gift made pursuant to this subsection may not be reduced below the monetary limit by dividing the cost of the among two (2) or more persons or entities identified in § 1-405.
    6. There may be circumstances where refusal or reimbursement of a gift or dining with a value exceeding fifty dollars ($50.00) may be awkward and contrary to the larger interests of the city. In such circumstances, the employee shall disclose the gift/dinner, including a description, estimated value, the person or entity providing the gift/dinner and additional explanations as needed within fourteen (14) calendar days of the occurrence to the internal auditor or director of finance and administration. A form for this purpose will be provided.
    7. Food, refreshments, meals, foodstuffs, entertainment, beverages or intrastate travel expenses that are provided in connection with an event where an employee is a speaker or part of a panel discussion at a scheduled meeting of an established or recognized membership organization which has regular meetings.
    8. Loans from established financial institutions made in the ordinary course of business on usual and customary terms, so long as there are no guarantees of collateral provided by any person described in § 1-405
    9. Money, goods or any other commodity donated to any employee, as defined in this chapter, for the distribution to any segment of the general public. For example, money donated to the Fraternal Order of Police by private retailers for the purpose of selecting identified under privileged children, transporting them to area stores and buying them Christmas gifts.
  2. An official or employee may not accept, directly or indirectly, any money, gift, gratuity, or other consideration or favor of any kind from anyone other than the city:

     

    1. For the performance of an act, or refraining from performance of an act, that he would be expected to perform, or refrain from performing, in the regular course of his duties; or
    2. That might reasonably be interpreted as an attempt to influence his action, or reward him for past action, in executing city business. (2009 Code, § 1-406)