Ethics FAQ: Receipt of Payments and Gifts from Members
Section 6(b) of the SEIU Code of Ethics and Conflict of Interest Policy (“Ethics Code”) prohibits covered individuals–officers, executive board members, and staff of SEIU and its affiliates–from knowingly accepting personal payments or gifts of more than minimal financial value from any member, absent a personal relationship independent of the relationship between the union and the member. SEIU’s Ethics Office interprets “minimal financial value” as $25.00 or less.
Thus, if you are a covered individual, you may not accept a payment or gift worth more than $25.00 from a member, unless you have an independent personal relationship with the member.
If your relationship with a member stems exclusively from your position in the union, you most likely do not have a “personal relationship independent of the relationship between the union and the member.”
For example, if you met a member in connection with your regular duties as a union staff person or officer, you only socialize with the member at union or union-related events, and you have no personal relationship with the member aside from union matters, you likely do not have a “personal relationship independent of the relationship between the union and the member.”
On the other hand, if you met a member outside of your duties as a staff person or officer, you socialize with the member outside of union or union-related events, and have a personal relationship with the member that involves matters aside from union business, you likely do have a “personal relationship independent of the relationship between the union and the member.” This could include a relative, someone you knew before you or they were involved with SEIU, or someone you met independent of both of your relationships with SEIU.
If you are not reasonably certain that the gift you received from a member is worth more than minimal financial value, you should either ask the member for more information about the value of the gift, or decline the gift.
Although asking a member about the value of the gift may seem awkward or impolite, it is an opportunity to highlight our Ethics Code. For example, you can explain that our Ethics Code includes a prohibition on receiving payments and gifts of more than minimal financial value from members and serves the important goal of avoiding the appearance of a conflict of interest.
You should politely decline the payment or gift and explain that the union’s Ethics Code prevents you from accepting any payments or gifts of more than minimal financial value from members.
Again, this is an opportunity to highlight our Ethics Code and to explain that the prohibition on receiving payments or gifts of more than minimal financial value from members serves the important goal of avoiding the appearance of a conflict of interest.
If a payment or gift from a group of members is of more than minimal financial value, you cannot accept it. Even if you can show that each individual member who contributed to the payment or gift contributed less than $25.00, you should still decline the payment or gift.
It would be considered compliance with the Ethics Code to discard the perishable item or to place it in a common area for members and/or office staff to enjoy. If the gift is discarded or enjoyed communally, you should notify the member to dispel the appearance of any conflict of interest and to discourage recurrence.
No. The general prohibition on receiving a payment or gift of more than minimal financial value from a member applies regardless of the purpose of the payment or gift.
For example, the general prohibition would apply even if a group of members contributed to a fund to help an officer or staff person defray unexpected personal expenses due to a catastrophic event or illness. The general prohibition would likewise apply to a payment or gift from members in celebration of a unique life event such as a marriage or birth of a child.
The Ethics Code does not bar SEIU or an affiliate from giving a gift of more than minimal financial value to an officer or staff person, even if the gift is paid for with member dues. In this circumstance, there is no risk that the gift would create the appearance of a conflict of interest involving a member or group of members.
Even so, you should be aware that some affiliates may have policies that address gifts to officers and/or staff that prohibit or set appropriate limits on such gifts.
This guidance is intended for general informational purposes only. The specific facts and circumstances of your situation may warrant an approach that is different from this general guidance. Hence, you should not base a decision solely on the guidance described above, and should consult with your affiliate’s ethics liaison, the SEIU Ethics Ombudsperson, and/or union counsel prior to choosing a course of action. If you have any questions or concerns about these matters or your specific situation and would like to consult with the SEIU Ethics Ombudsperson, please contact ethics@seiu.org.
Updated Oct 31, 2024