Material & Disbursement Services (MSD)
POLICY 22
Effective Date: 07/01/1995
Last Modified Date: 11/17/2003
Legal Implications of Accepting Gifts
North Carolina General Statute 133-32 addresses the legal implications of State employees accepting gifts or favors from vendors.
It is unlawful for any vendor who
to give gifts or favors to any employee of a governmental agency who is charged with
- has a current contract with a governmental agency,
- has performed under such a contract within the past year, or
- anticipates bidding on such a contract in the future
- preparing plans, specifications, or estimates for public contract,
- awarding or administering such contract,
- or inspecting or supervising construction.
It is also unlawful for a State employee to willfully receive or accept such gifts or favors. (This includes travel arrangers who are prohibited from accepting free tickets or other personal benefits from travel agencies.)
Exceptions
There are exceptions concerning participants in professional organizations and for individuals whose relationship (friend or relative) is motivation for the gift or favor. However, all such gifts must be reported to the agency head if the gifts are made by a contractor, subcontractor, or supplier doing business directly or indirectly with the governmental agency employing the recipient of such a gift.
Additional Information
See also: MSD Appendix 13, Gifts and Favors Regulated: State Statute
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