Gifts and Gratuities

Overview: gifts and gratuities

University of California officers and employees must comply with the provisions of State and Federal law governing the acceptance of gifts and gratuities.  Certain gifts to University employees are prohibited by law. All University officers and employees are expected to act with integrity and good judgment and to recognize that the acceptance of personal gifts from those doing business or seeking to do business with the University, even when lawful, may give rise to legitimate concerns about favoritism depending on the circumstances (see the UCOP Guide to Gifts, but note that the gift limit increased to $520 in 2022 and to $590 in 2023, per this state guidance).

Designated officials and Form 700

Designated officials are prohibited from accepting gifts totaling more than $590 from a single source in a calendar year, if the gift must be reported on their Statement of Economic Interests Form 700, in accordance with their disclosure categories (see: Form 700 filers). Note that the Guide to Gifts identifies several exemptions on what is defined as a gift.

A gift is anything of value received by a designated official for which the official has not provided adequate consideration in return.

Consequences of receiving gifts from a single source which total $590 or more in any 12-month period:

  • Violation of the law
  • The UC Office of the President will have to notify the Fair Political Practices Commission in Sacramento, which may levy a fine

There are remedies to accepting a prohibited gift, Within 30 days, you can:

  • Return gift to donor
  • Turn the gift over unused to the University (this could, in turn, require the receiving unit to file Form 801)
  • Deliver the gift to a charitable organization

Questions?

If a University officer or employee has any question regarding the propriety of a gift, disclosure of the gift or proposed gift, they should ask the Conflict of Interest Coordinator (conflicts@berkeley.edu)  for a determination of the proper course of action.

Further information on acceptance of gifts and gratuities can also be found in the UCOP Guide to Gifts and the California State Gift Fact Sheet.