Understanding the Gift Ban

As State of Illinois employees, we are paid to serve the public interest. No additional compensation, gifts, or favors are needed to ensure that we do our jobs. In fact, accepting a gift may lead others to believe that State employees are not serving the public interest, but rather, their own private interest. It may also be against the law.

The State Officials and Employees Ethics Act (Ethics Act) gift ban defines “gift” more broadly. Generally speaking, a gift is anything worth money. The term “gifts” includes not only tangible items (such as cash, food, or drink) but also intangibles, including discounts, loans, hospitality, and entertainment. It also includes payment for giving a speech if your invitation to speak stems from the fact that you are a State employee.

The gift ban prohibits State employees from receiving gifts from only certain givers, which are called prohibited sources. Prohibited sources are people or entities that fit one or more of the following categories:

• Do or seek to do State business with the recipient or the recipient's agency;
• Conduct activities regulated by the recipient or the recipient's agency;
• Have interests that may be substantially affected by the recipient’s official duties; or
• Are registered or required to be registered as lobbyists.

Mary monitors contracts for a State agency, including a contract with an auto dealership. When Mary mentioned that her car needed expensive parts, the dealer offered to lend Mary a car until payday.

Can Mary accept?

No. The auto dealer is a prohibited source since they do business with Mary’s State agency. 

The Ethics Act has several exceptions to the gift ban, including:

1.     Gifts that are available to the public under the same conditions;

2.     Gifts for which the recipient paid market value;

3.     Gifts received from a relative;

4.     4.Gifts provided by an individual based on personal friendship;

5.     Intra-governmental and intergovernmental gifts;

Some State agencies have policies or are under executive orders that limit certain gift ban exceptions. Please contact your Ethics Officer with any questions.

If you receive a prohibited gift that you did not ask for, promptly return it to the giver or donate an amount equal to the value of the gift to an appropriate 501(c)(3) charity. If you take one of these steps, there is no violation of the gift ban. Be sure to carefully document what happened and disclose it to your supervisor as soon as possible. 

The purpose of the gift ban is not only to ensure that employees act in the public’s interest, but also to ensure that employees appear to be acting in the public’s interest. Some gifts may seem to fit within an exception but still give the appearance of having undue influence over the employee or agency.

More information about the EEC, including links to the Ethics Act, other relevant laws and procedures, as well as resources for all employees can be found on our website. Every State agency is required to appoint an Ethics Officer. Ethics Officers are always available to discuss questions or concerns.

Find your agency’s Ethics Officer by visiting our website.

This publication is for general informational purposes only. It does not, and is not intended to, constitute legal advice.

Executive Ethics Commission Address:
401 South Spring Street
516 William Stratton Building
Springfield, IL 62706

Contact Us:

Website: https://EEC.Illinois.gov
Phone: (217) 558-1393
Fax: (217) 524-2041
Email: EEC@illinois.gov