REG 01.25.14 – Procedure For Donation of Gifts Prohibited Under the State Ethics Act

Authority: Issued by the Chancellor.

History: First Issued: January 8, 2008.

Additional References:
N.C. General Statute Chapter § 138A – State Government Ethics Act This link will open in a new window
N.C. General Statute § 133-32 – Gifts and Favors This link will open in a new window
NCSU General Counsel Website – State Ethics and Lobbying Laws

Contact Info: Vice Chancellor and General Counsel (919-515-3071)


1. INTRODUCTION

The State Ethics Act prohibits Trustees, Vice Chancellors and the Chancellor (hereinafter “ public servants”) from accepting gifts directly or indirectly from a lobbyist or lobbyist principal or from a person who they know or have reason to know (1) is doing or seeking to do business of any kind with NC State, (2) is engaged in activities that are regulated or controlled by the NC State, or (3) has financial interests that may be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or non-performance of these public servants’ officials. Unless the gift falls within one of the exceptions specified in the State Ethics Act it is a prohibited gift and must be either declined, returned, paid for at fair market value, or donated immediately to charity or the State.

This regulation addresses the procedure to be followed when a public servant receives a prohibited gift and prefers to donate the gift to NC State rather than decline, return or pay fair market value for the gift.

2. PROCEDURE FOR DONATING GIFTS PROHIBITED UNDER THE STATE ETHICS ACT

A public servant who receives a prohibited gift and elects to donate it to NC State University may donate the gift by delivering the gift to either NC State Dining or the Employee Appreciation Committee. Perishable gifts (e.g., food, beverage, flowers, plants) shall be delivered to the Associate Vice Chancellor for NC State Dining and non-perishable gifts (e.g., office supplies, desk accessories, apparel) shall be delivered to the Associate Vice Chancellor for Human Resources.

2.1 The Associate Vice Chancellor for NC State Dining or designee is authorized to accept the perishable donation on behalf of the University and to determine the appropriate University use or disposition of the gift. Perishable gifts may be used for university events, residence hall or student union purposes, or other appropriate university uses.

2.2 The Associate Vice Chancellor for Human Resources or designee is authorized to accept the non-perishable donation on behalf of the University and to determine the appropriate University use or disposition of the gift. Gifts may be used for university employee awards, student awards, or other appropriate university uses.

3. RECORD OF GIFTS DONATED

The Associate Vice Chancellor for NC State Dining and the Associate Vice Chancellor for Human Resources shall maintain a record of all gifts that are donated. The record shall contain a description of the gift, the name of the university public servant who received the gift, the name of the person and/or entity who made the gift to the public servant, the date of the gift, the date of the delivery of the gift to the Vice Chancellor authorized to accept the gift as a donation to the University, and the University use or other disposition of the gift.