1.18 Gifts, Gratuities and Unrelated Compensation

1.18 Gifts, Gratuities and Unrelated Compensation danim94751 Thu, 12/14/2017 - 3:50pm

This regulation outlines the restrictions for the acceptance of gifts, gratuities and unrelated compensation from vendors and others that are either doing business with or that seek to do business with the officers, employees and others who serve as agents on behalf of the Maricopa County Community College District (MCCCD).

For the purposes of this regulation, MCCCD defines business-related and normal working hours as follows:

“business-related” means that the event or activity provides a direct and measurable benefit to either the MCCCD or a member institution, and the event is consistent with the job duties of the employee and the mission of the MCCCD.
“normal working hours” means the time an employee is performing the job hired to do by MCCCD. It is understood that many positions have flexible hours.

Gifts
1. For the purposes of this regulation, MCCCD provides these definitions:
  1. “Employee” means all persons employed by MCCCD; full-time, part-time, adjunct and student worker, regardless whether they are Governing Board approved or not.
  2. “Gift” means any gratuity, honoraria, favor, entertainment, gift card, lodging, discount, loan or other item having monetary value. It includes services as well as gifts of transportation, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance or reimbursement after the expense has been incurred.
  3. “Nominal Value” for this regulation, means $50.00 or less.
  4. “Token of Appreciation” means plaques, candy or similar commonly used inexpensive items given in gratitude.
  5. “Advertising/Promotional Items” – items such as pens, pencils, mugs, tote bags and calendars, key chains, etc. that is given for advertising or promotional purposes.
  6. “Vendor” means any company or individual in business to provide products or services to others. For purposes of this policy, the definition of vendor is not restricted to those individuals or companies that have already provided products or services to MCCCD.
2. An employee may accept a gift of nominal value, such as a plaque, pen, or similar memento customarily given as appreciation for providing a service to an entity external to MCCCD.
3. An employee may not accept, for personal use or ownership, gifts with a value in excess of $50 from a single source in a fiscal year. Likewise, gifts given to an employee’s family member or guest are also considered to have been received by the employee unless there is an independent relationship between the vendor and the employee’s family member or guest.
4. An employee may accept a gift of perishable food (e.g. fresh fruit basket, cookie assortment, candy, etc.) of nominal value that is not a meal. Such perishable food items shall be shared among the department or division.
5. An employee may accept a prize awarded through a random drawing or similar means while attending a conference, convention, seminar, institute or similar activity.
6. An employee shall not accept cash or currency, or any other item of more than nominal value from anyone if it could be interpreted as a bribe or enticement to receive MCCCD business. If an employee receives something of greater than nominal value, the employee shall refuse it or, as soon as possible, disclose the circumstances relating to the acceptance of the item(s) to the Vice President of Administrative Services or Vice Chancellor for Business Services and deliver it to the appropriate college or District designee where it shall become the property of MCCCD.
Meals, Beverages and Entertainment
1. If there is the expectation of future financial benefit for the vendor, then an employee shall not allow any meal, beverage or cost of entertainment to be purchased for the employee or any member of the employee’s family by a person whom the employee knows or has reason to know is employed by or in any way associated with a current vendor or contractor of MCCCD. Under this regulation any purchase of meal, beverage or entertainment is prohibited whether the vendor/contractor offers to purchase the meal, beverage or entertainment with his or her personal funds, or with funds from any other source.
2. An employee may allow a meal or beverage to be purchased by a vendor for the employee only if the meal or beverage is served as part of a banquet or dining function offered to participants at a conference, convention or similar activity. Such events would include sponsorships that are part of an educational, technical or professional development conference that is organized by an association and where the meal is included in connection with attendance at the conference. Upon prior review of a written justification and approval by the college’s Vice President of Administrative Services, or at the District Office, the Vice Chancellor for Business Services, an employee may attend product enhancement presentations. The provisions outlined in the regulation related to the acceptance of gifts and items shall still apply.
3. An MCCCD employee who is also employed by another company may have a meal, beverage or the cost of entertainment purchased within the context of the other employment.
Travel

An employee shall not engage in any travel activity where the expenses are paid for by a vendor and where that activity could be interpreted as a bribe or enticement in order to receive MCCCD business. This would include vendor sponsored events that are marketed as a professional development activity, but that instead focus primarily on that vendor’s product, and where the trip includes social activity for the attendees.
1. Non-Business Related Travel
  
  An employee shall use paid leave for all time spent in travel that is not business-related that occurs during the employee’s normal working hours. For purposes of this regulation, appropriate paid leave for non-business related travel would include pre-approved vacation time, pre-approved banked vacation time or personal time.
2. Business Related Travel
  1. An employee shall not be required to use paid leave for travel in connection with an event or activity that is MCCCD business-related. The employee may accept payment for necessary expenses (such as airfare, lodging, meals) from the entity or professional organization that sponsors the event or activity.
  2. An employee may engage in a business-related travel activity where the expenses are paid for by an educational institution or a non-profit organization, such as a professional association, whose mission is consistent with the mission of MCCCD, provided that there is no expectation that such travel will result in future financial benefit to said educational institution or organization.
  3. An employee may lead a class or group of students enrolled at a member institution in an MCCCD sponsored travel activity.
3. Credit Course
  
  A travel agency or similar entity that arranges the travel activity may, in connection with a credit course offering, pay the expenses of:
  1. the employee who is leading the class or group,
  2. a person who is performing supervisory responsibilities over the students at all times throughout the travel, or
  3. one or more students enrolled in the class or group travel activity.
4. Non-Credit Course
  
  An employee or other person participating in travel with a non-credit class shall not accept payment or reimbursement for any expenses associated with travel from the travel agency or similar entity.
Discounts

For purposes of this regulation, a “discount” is a reduction in the cost of goods or services charged by any entity to an MCCCD employee or student by virtue of that person’s employment or enrollment at an MCCCD college or location.
1. The following are acceptable discounts:
  1. A discount that is part of an established and recognized program within MCCCD, such as the ‘employee store,’ wellness, or trip reduction programs, and is offered uniformly to all employees of MCCCD or of a member institution of MCCCD.
  2. A discount available pursuant to a policy in continuous effect and a recognized component of a benefits or compensation package that is recognized by the MCCCD Benefits and Compensation Department.
  3. A discount offered by a vendor for employees or students of educational institutions, regardless of whether such a vendor does business with MCCCD, provided that said discount is not in any way consideration or otherwise a factor in any transaction with MCCCD (i.e.: educational discounted software).
2. The following is an unacceptable discount: A discount that is offered to select employees on an ad hoc basis as a result of the employee performing his or her job duties or as an incentive to influence conduct from a person seeking to obtain a contractual or other arrangement with MCCCD.
3. Notice to MCCCD employees of the availability of any discount shall be conveyed in a manner that neither implicitly or expressly endorses nor otherwise speaks to the quality of the goods or services. The use of any MCCCD trademark or logo in connection with providing notice of the availability of a discount shall be limited to notice provided directly by the District Marketing Department.
Honoraria and Similar Consideration
1. Non-Business Related
  
  An employee may accept an honorarium, stipend or similar compensation or consideration from an entity external to MCCCD for an activity that is not business-related if:
  1. the entire activity occurs outside the employee’s normal working hours; or
  2. the employee uses personal leave or pre-approved vacation hours for the portion of the activity that overlaps the employee’s normal working hours; or
  3. the employee remits the honorarium, stipend, or similar compensation or consideration to the Vice President of Administrative Services at the location where the employee works. The honorarium, wages, similar compensation or consideration shall become the property of MCCCD. The Vice President of Administrative Services may consult with the Legal and Business Services Divisions for guidance on remissions. At the District Office, the employee remits the honorarium, stipend or similar compensation to the Vice Chancellor for Business Services.
2. Business Related
  
  An employee may receive a modest honorarium or stipend for time spent preparing for presentations (keynote addresses, etc.) that are MCCCD business-related. Modest is considered to be limited or moderate in the amount of the honorarium. In addition, activities such as accreditation visits that may be considered MCCCD business-related due to the inherent nature of the event and the professional expertise of the employee(s), and that involve the offer of an honorarium, stipend or similar compensation or consideration from an entity external to MCCCD, are acceptable under the following conditions:
  1. If the activity occurs during work hours, the employee shall submit the honorarium or stipend to the college or foundation; or
  2. if the employee uses personal leave or pre-approved vacation hours for the portion of the activity that overlaps the employee’s normal working hours.
Resource Development

To the extent that employees of the MCCCD are engaged in an official capacity with duties that involve resource development and such involvement requires attending local events that are either hosted by or attended by vendors, such participation may be acceptable if it can be established that the event could result in expansion of District or college resources and that participation is disclosed in advance with the Vice Chancellor of Business Services. Attendance at vendor-invited events that would involve travel is not acceptable.
College Course Materials – Board Resources 6.5

Section 7 of this regulation has been adopted by the Governing Board and is incorporated here by reference.

In accordance with ARS §15-1891, the MCCCD Governing Board establishes the parameters for employees when ordering course materials from publishers and working with book dealers:
1. No faculty member or employee shall demand or receive any payment, loan, advance, good or deposit of money present or promised for selecting or purchasing specific course materials received for coursework or instruction, except that the faculty member or employee may receive:
  1. free review copies, complimentary teacher editions or instructional materials that are not intended to be sold by any faculty, staff or bookstore.
  2. royalties or other compensation from the sale of course materials that include the faculty member’s own writing or work.
  3. honoraria for academic peer review of course materials.
  4. training in the use of course materials and learning technologies.
2. A faculty member or any other employee who is in charge of selecting or adopting course materials shall, prior to selection or adoption of any course materials, make a request for the following written information from the publisher of the course materials:
  1. A listing of relevant course materials offered by the publisher and whether each of the course materials are offered in a bundled package or sold separately;
  2. The suggested retail price, the estimated wholesale price or the price that the publisher makes available to the public for the course materials. The publisher may include the time period during which the pricing is available.
  3. The copyright dates of the previous edition if the copyright dates do not appear in the course materials.
  4. A summary of the substantive content differences between the current edition of the course materials and the immediate previous edition.
3. A faculty member or any other employee who is in charge of selecting or adopting course materials shall place orders for such course materials by the date specified and communicated by the College or District bookstore to enable the College or District bookstore or contract managed bookstore to confirm the availability of the requested materials.
4. An unsolicited free review copy, sample copy, or complimentary teacher edition of course materials provided by a publisher at no charge and delivered to the attention of an employee at a college or District location is presumed to be the property of the Maricopa County Community College District. However, such employee may nevertheless assume ownership of such materials if the materials are, in the judgment of the employee, pertinent to the employee’s academic discipline or professional responsibilities.
  
  As these materials are provided for professional academic use and are not intended by the publisher for sale, an employee should at no time sell or trade them to any person or other entity for personal profit. Appropriate disposition of the materials includes donation to a student or library or other non-profit or charitable organization, or returning the book to the publisher.
5. This policy shall not be construed in a manner that violates academic freedom.
6. For purposes of this policy:
  1. “Book buyer” means any person or entity, including a university or community college district bookstore, engaged in the purchase or sale of course materials.
  2. “Bundled” means one or more course materials that are packaged together to be sold as course materials for a single price.
  3. “Complimentary teacher edition” means a book with information that is meant for the exclusive use of faculty members, commonly labeled as an “instructor edition” or “instructor manual” and that contains answers and solutions, test questions and pedagogical techniques.
  4. “Course materials” means any textbook or other instructional tool published for the purpose of classroom instruction and used for or in conjunction with a course in a university under the jurisdiction of the Arizona board of regents or a community college under the jurisdiction of an Arizona community college district.
  5. “Publisher” means any publishing house, firm or company that produces course materials.
  6. “Sample copy” means any book that is the same as the regular student edition.
  7. “Substantive content” means portions of a college textbook, including new chapters, additional eras of time, new themes or new subject matter.
  8. “Written information” means information provided on print material. Written information includes electronic communication or publication on a website.
Solicited Course Materials

A solicited free review copy, sample copy, or complimentary teacher edition of course materials provided by a publisher at no charge and delivered to the attention of an employee at a college or District location is presumed to be the property of the Maricopa County Community College District. However, such employee may nevertheless assume ownership of such materials if the materials are, in the judgment of the employee, pertinent to the employee’s academic discipline or professional responsibilities.

As these materials are provided for professional academic use and are not intended by the publisher for sale, an employee should at no time sell or trade them to any person or other entity for personal profit. Appropriate disposition of the materials includes donation to a student or library or other non-profit or charitable organization, or returning the book to the publisher.

AMENDED through the Administrative Regulation approval process, May 26, 2010
ADOPTED through the Administrative Regulation approval process, September 22, 2009