Draft July 1, 2004
The University of Illinois Library uses many vendors. People in positions of acquisitions and collection development, in particular, often have both professional business and social meetings with vendors. In all cases, both business and social, we represent the University of Illinois Library and must follow a code of conduct befitting the institution that we serve. Below is the policy that UIUC Library faculty and staff should follow in dealing with vendors.
Adhere to the State Gift Ban Act of 1999. This prohibits state employees from accepting gifts from vendors.
If you have a meal with a vendor, you must reimburse the vendor for the meal.
We will not accept gifts of any types from vendors. This includes, for example, candy, flowers, or liquor.
It is the responsibility of all faculty and staff of the Library to take the ethics training class.
The state law contains 23 exceptions. In order for library faculty and staff to live by the spirit of the law and be above reproach, below are the only exceptions that will apply:
If vendors are giving away free things at a conference, it is permissable to take them. This would include pens, erasers, things of very nominal (under $15.00) value.
It is permissible to attend a vendor reception that is open to everyone, such as the OCLC Presidential Lunch at ALA or another all conference reception.
University of Illinois Office of Business and Financial Services
SECTION 11 – Gifts
SECTION 11.5 – Gifts to Employees
Date: March 2003
Senior Associate Vice President for Business and Finance
Employees of the University should avoid accepting any kind of gratuities, tips or gifts. (See Section 7.2 Purchase of Goods and Services: Gratuities.)
The Illinois State Gift Ban Act, (5 ILCS 430/10 (2003)) bans the solicitation and acceptance of gifts from prohibited sources to University employees. Gifts from prohibited sources to a University employee's spouse or immediate family also are banned.
Any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value, including but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government and employment or the official position of an employee.
Faculty, academic professionals, civil service workers and members of the Board of Trustees. This is the only purpose for which Board members are viewed as University employees.
Any person or entity who:
· seeks official action by the University
· does business or seeks to do business with the University
· conducts activities regulated by the University
· has interests that may be substantially affected by the performance or non-performance of the official duties of the University, OR
· is registered or required to be registered under the Lobbyist Registration Act
The act does not ban gifts from prohibited sources to the University (as opposed to individual employees) such as donations, grants and the like.
An employee who receives a gift prohibited by the Act has the option of:
· paying the market value of the gift
· returning the gift to the donor, OR
· giving the gift (or an amount of its equal value) to an appropriate charity.
Some exceptions are allowed by the State Gift Ban Act. For example, employees can accept any item or items from any one prohibited source during any calendar year having a cumulative total value of less than $100. See Exceptions for additional exceptions and information.
The University must designate an Ethics Officer.The Ethics Officer reviews statements of
economic interest and disclosure forms before they are filed with the Secretary of State. The
Ethics Officer also offers guidance in interpreting and implementing the Act.
At the University of Illinois, the Director of University Audits administers the activities related to the State Gift Ban Act. The Ethics Officer may be contacted at the Office of University Audits.
The Act establishes an Ethics Commissionsfor each branch of government. The Ethics Commission appointed by the Governor has jurisdiction over University employees.
The Ethics Commission may enforce the provisions of the Act only upon the receipt of a
notarized, written complaint which must be filed within one year of the alleged violation.
After such a complaint has been received, the Ethics Commission may conduct investigations, hold closed hearings and deliberations, issue recommendations, and impose fines. There are civil and criminal penalties for violating the Act.
The Ethics Commission has the power to subpoena witnesses and compel the production of written materials. If the Ethics Commission determines that an employee has violated the Act, it can recommend to that employee’s ultimate jurisdictional authority that disciplinary action be taken against that employee.
The recommended disciplinary action can be any of the following:
· A reprimand
· A directive to cease and desist the action
· A directive to return or refund the money or items
· A dismissal or removal from office
· A donation to a charity of an amount equal to the value of the gift
· A fine of up to $1000
An employee who knowingly violates the Act is guilty of a business offense and subject to a fine of up to $5,000.
The Act contains 23 categories of exceptions. See Exceptions page for examples of benefits or
offers that would be prohibited or non-prohibited (permissable) under the Act.
Following is a summary of the 23 categories of exceptions to the gift ban that are allowable under 5 ILCS 425/1, State Gift Ban Act.