FAA ethics rules on receiving gifts?

schmookeeg

schmookeeg

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Mike Brannigan
(pause for laughter) :D

I am operating in a new FSDO area, and as such, have no real friends in my FSDO office, nor any real good way to make them since everything is closed "because covid" now.

I had an "oh shizz" situation this week with my IA exam paperwork, and my inspector was busy in training and not reachable. As I had tight timelines to work under, and the very real threat of spending an extra weekend in Lebanon TN, I made a pest of myself with their office, and managed to wring out a few new contacts, as well as a new inspector, going over my guy's head.

I expect that my name is now mud with at least one ASI, and I would like to smooth the waters. Additionally, I wanted to thank the people who were actually helpful. I've been in touch with 5 peeps, and 3 were worth a damn. I expect my assigned PMI to be one of the other two. :(

My read of the federal gift-acceptance guidelines spell out that it's acceptable to receive gifts $20 or less, as well as routine/casual things like coffee and donuts. I have never been and hope to never be a fed, so I don't know if my take is accurate.

I was considering spraying $20 starbucks gift cards at the people who helped me through a stressful moment, with some pithy thank-you note.

Does anyone know if they'll be able to accept such from me? If there are better/easier/less troublesome gift ideas, I'd love to know those too.

Cheers for any inside baseball,

- Mike
 
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Just an email of appreciation is sufficient, with their front line manager copied if you know who that is. I'd highly recommend against a gift of any value.

We've been hammered ethics rules so frequently at this point they might suspect the gift cards were a trap :)

As they say in our online training, paraphrased: "if the gift is something you'd want, it's probably not allowable. If it's something most people wouldn't want, it might actually be okay to accept".
 
Brad Z said:
Just an email of appreciation is sufficient, with their front line manager copied if you know who that is. I'd highly recommend against a gift of any value.

We've been hammered ethics rules so frequently at this point they might suspect the gift cards were a trap :)

As they say in our online training, paraphrased: "if the gift is something you'd want, it's probably not allowable. If it's something most people wouldn't want, it might actually be okay to accept".
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Thanks, this is the sorta baseball I was after. I have no idea who the line manager is there, but I can find out.

I wanted to avoid the exact trap/negative result from my gratitude that you describe, hence the post. :D
 
@Brad Z beat me to it. While the general rule is $20, the general rule is ALSO that an FAA employee cannot accept a gift from someone who "has interests that might be affected by the performance or non-performance of the duties of the particular employee".

From the FAA HR manual on this topic:

"30. Accepting Gifts With certain exceptions, the Standards of Ethical Conduct for Employees of the Executive Branch, prohibits employees from accepting any gifts, favors, gratuities, or any other thing of monetary value, including free transportation, from any person or company that is subject to FAA regulations, that has or is seeking to have contractual relations with the FAA, or that has interests that might be affected by the performance or non-performance of the duties of the particular employee. See FAA Order 2400.12, Financial Manual, Chapter 6.19 – Gifts and Bequests".

And from 5 CFR 2635.201:

"Employees should consider declining otherwise permissible gifts if they believe that a reasonable person with knowledge of the relevant facts would question the employee’s integrity or impartiality as a result of accepting the gift."

So, it's not really even about the value of the gift card, but the perception of the FSDO inspector accepting a gift from you.

I believe that your intention is purely to say thanks. But not everyone would necessarily see it that way, possibly. I don't know. While I am not a FSDO inspector, I have to think I wouldn't want to accept that gift (well, that and I'd have no use for a Starbuck's gift card anyway).

I agree with the email CC'ing their supervisor.
 
schmookeeg said:
Thanks, this is the sorta baseball I was after. I have no idea who the line manager is there, but I can find out.

I wanted to avoid the exact trap/negative result from my gratitude that you describe, hence the post. :D
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Yep, nice thank you letter to everybody involved and their managers and even the head of the FSDO. Stick to the facts, convey appreciation for flexibility and support, and be done with it.

One of the very few “rule free” things a fed manager can do is recognize their employees for generating good will with the public.
 
you can give as big a gift as you want but each faa representative can only accept his/her pro rata share of the gift. pretty sure that’s in the regs.
 
I can’t get them to take a bottle of water when they visit officially… I manage 3 air agency certs.

I do believe a formal letter with the boss copied in is best.
 
Maybe some bags of high end coffee for the break room, nice crackers, cookies, or fruit also. If it’s for all it may be more acceptable and as mentioned before; an email of thanks including their boss or manager.
 
I watched a Flight Check (they check navaids) pilot decline a nice watch he won as a door prize at an aviation event. It wasn't as if it was a gift. He won it by chance.
 
Everskyward said:
I watched a Flight Check (they check navaids) pilot decline a nice watch he won as a door prize at an aviation event. It wasn't as if it was a gift. He won it by chance.
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He would have been within the rules to accept it (given the facts above), but as with lots of these kinds of things, there is always the concern about possible perceptions. So often it's just easier to say "no thanks" than to deal with any repercussions, even if everything is legit.
 
RussR said:
He would have been within the rules to accept it (given the facts above), but as with lots of these kinds of things, there is always the concern about possible perceptions. So often it's just easier to say "no thanks" than to deal with any repercussions, even if everything is legit.
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If he was there on official business, and particularly if he's representing the FAA in some way (i.e. a speaker, or even just wearing the FAA meatball) it would be wise to not accept it for perception. When I attend events like SnF or Oshkosh, I avoid the free giveaways from vendors, even if it's just a pencil and there's a whole table of them for giveaway.
 
Brad Z said:
If he was there on official business, and particularly if he's representing the FAA in some way (i.e. a speaker, or even just wearing the FAA meatball) it would be wise to not accept it for perception. When I attend events like SnF or Oshkosh, I avoid the free giveaways from vendors, even if it's just a pencil and there's a whole table of them for giveaway.
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Agreed. I read it as he was just an attendee at the event, not a presenter or in an official capacity. But you may be right too.
 
The last time I heard of someone wanting to do something this stupid was a student trying to tip a DPE after a checkride. That went really poorly.
 
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RussR said:
Agreed. I read it as he was just an attendee at the event, not a presenter or in an official capacity. But you may be right too.
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He was just an attendee, not a presenter. However, attendees had nametags with their employer on it.
 
The rule of thumb is how would it look on the front page of a newspaper.
 
Brad Z said:
If he was there on official business, and particularly if he's representing the FAA in some way (i.e. a speaker, or even just wearing the FAA meatball) it would be wise to not accept it for perception. When I attend events like SnF or Oshkosh, I avoid the free giveaways from vendors, even if it's just a pencil and there's a whole table of them for giveaway.
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That's why some of us don't go there on official bidness..... ;)
 
nauga said:
Your hurt feelings are nothing compared to the ****storm resulting from "the appearance of impropriety."

Nauga,
and his straight-arrow box
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:D

Now I'm going to have this in my head all day.

 
schmookeeg said:
Now I'm going to have this in my head all day.
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Apologies for coming on a little strong, but it only takes the *appearance* of impropriety, not actual impropriety, to cause the recipients a boatload of trouble.

Nauga,
gun-shy
 
nauga said:
Apologies for coming on a little strong, but it only takes the *appearance* of impropriety, not actual impropriety, to cause the recipients a boatload of trouble.

Nauga,
gun-shy
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@schmookeeg will survive getting his feelz stomped on a bit.
 
TCABM said:
@schmookeeg will survive getting his feelz stomped on a bit.
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Haha. It does help me to remember every so often that we're not placed on this earth for pleasure alone. :D

Actually as a Libra, it's just karmic return. I've been a real a-hole all week and picking the most random fights with people online for sport. I need my plane back from mx so I can be poor and tired and a little stressed out again, instead of bored at home doom-scrolling.

Anyway I sent my email of thanks off, and I succeeded in getting my IA card from the original critter I thought I annoyed, so life is all good with no impropriety in thought or deed.
 
Clip4 said:
The last time I heard of someone wanting to do something this stupid was a student trying to tip a DPE after a checkride. That went really poorly.
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Why? DPE's are private individuals who are allowed to be compensated for their service.
 
schmookeeg said:
...so life is all good with no impropriety in thought or deed.
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To clarify, the criteria is the *appearance* of impropriety. Actual improprietary thoughts or deeds are sufficient but not necessary. "I expected nothing in return..." or "I was just thanking them..." does not clear a government employee who accepts what you give outside the rules of acceptable 'gifts'. If you think it's penny-ante, consider the history that led to this kind of oversight.

Nauga,
unyoked
 
Doc Holliday said:
Why? DPE's are private individuals who are allowed to be compensated for their service.
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Maybe the DPE thought he was a professional appointed by the FAA Administrator and not common servant who takes tips as an incentive to do his duties properly.
 
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Clip4 said:
Maybe the DPE thought he was a professional appointed by the FAA Administrator and not common servant who takes tips as an incentive to do his duties properly.
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The "professional" DPE is compensated for his duties, and he sets the rate of his compensation. If the client that hired him feels he did a superb job and added extra to his fee, then the "professional" can either (a) say "Thank you", or (b) Hand the extra back and say "that's not necessary, but thanks anyway."

And if the DPE is truly a "professional" as you put it, he would be gracious in the way he handles it.
 
Doc Holliday said:
The "professional" DPE is compensated for his duties, and he sets the rate of his compensation. If the client that hired him feels he did a superb job and added extra to his fee, then the "professional" can either (a) say "Thank you", or (b) Hand the extra back and say "that's not necessary, but thanks anyway."

And if the DPE is truly a "professional" as you put it, he would be gracious in the way he handles it.
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There are professions where offering a tip is an insult, especially where you are performing a govt. function.
 
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