Administrative

UNIVERSITY OF MINNESOTA

BOARD OF REGENTS POLICY

 


GIFTS RECEIVED AND GIVEN BY REGENTS AND UNIVERSITY OFFICIALS
Adopted:
October 10, 1997; March 11, 2005

 

GIFTS RECEIVED AND GIVEN BY REGENTS
AND UNIVERSITY OFFICIALS

This policy regulates gifts received and given by members of the Board of Regents (Board) and University of Minnesota (University) officials. Such regulation is essential in order to ensure that:

(1) Regents and University officials do not inffluence inappropriately, or appear to inffluence inappropriately, decisions by federal, state, and local government officials; and
(2) Regents and University officials are not inffluenced inappropriately, or do not appear to be inffluenced inappropriately, in performing their duties.

This policy is not intended to prohibit Regents or University officials from soliciting gifts on behalf of the University for University purposes.

SECTION I. SCOPE.

Subd. 1. Constitutional Authority. The Board has considered analogous federal and state laws and policies and has concluded that the University should have its own policy governing gifts, consistent with the Board's exclusive constitutional authority to establish rules for the governance and management of the University.

Subd. 2. Application. This policy shall be interpreted and applied with sound practical judgment in a manner that best serves the overall interests of the University, not any individual.

SECTION II. DEFINITIONS.

Subd. 1. Gift. Gift shall mean any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, services, training, transportation, lodging, meals, or other item that constitutes a personal benefit to the recipient. It does not include any gift made to the University or its foundations for University purposes.

Gift also shall mean a gift to a family member of a Regent or University official or a gift to any other individual based on that individual's relationship with a Regent or University official (1) if it is given with the knowledge and acquiescence of the Regent or University official and (2) if the Regent or University official has reason to believe the gift was given because of the recipient's University status.

The term gift shall not include the following:

(a) anything for which the individual recipient pays the market value;
(b) anything the individual receives but returns or gives to the University without substantial personal use or benefit;
(c) food or refreshments of reasonable value in the normal course of University business;
(d) plaques, trophies, mementos, hats, or similar items of reasonable value;
(e) any gift from a relative, provided that the Regent or University official has no reason to believe that the gift was provided because of the recipient's official University position;
(f) informational materials in the form of books, articles, other written materials, audio/video media, and other similar materials;
(g) anything received because a Regent or University official participated in a group, a majority of whose members are not Regents or University officials and who customarily may receive an equivalent item;
(h) anything paid for or reimbursed by the University pursuant to University policy;
(i) tickets to University athletic or cultural events;
(j) local transportation; and
(k) political contributions to any candidate, political committee, organization, or party as permitted by state and federal law, provided that no such contributions may be made from University funds or resources.

Subd. 2. Financial Interest. Financial interest shall mean an actual or foreseeable nontrivial financial benefit resulting from a decision.

Subd. 3. University Official. University official shall mean:

(a) chancellors and vice chancellors;
(b) deans;
(c) division I athletic directors;
(d) general counsel;
(e) president and president's chief of staff;
(f) provosts, vice provosts, and associate vice provosts;
(g) senior vice president and provost;
(h) senior vice presidents, vice presidents, associate vice presidents, and assistant vice presidents;
(i) University directors and campus-wide directors; and
(j) University employees officially engaged in legislative lobbying on behalf of the University.

SECTION III. GIFTS TO AND FROM REGENTS.

Subd. 1. Government Officials. No Regent shall give a gift or solicit another to give a gift to any federal, state, or local government officials or to any member of their staff.

Subd. 2. Financial or Personal Interests. No Regent shall solicit or accept a gift from any person or organization having a financial or other direct personal interest in a decision before the Board, provided, however, that a Regent may receive food, lodging, or other benefits resulting from the Regent's outside business or employment activities or other outside activities not connected to their duties as a Regent if (a) such food, lodging, or other benefits have not been offered or enhanced because of the Regent's official status and (b) such benefits customarily are provided to others in similar circumstances.

SECTION IV. GIFTS TO AND FROM UNIVERSITY OFFICIALS.

Subd. 1. Government Officials. No University official shall give a gift or solicit another to give a gift to any federal, state, or local government official or to any member of their staff.

Subd. 2. Financial or Personal Interests. No University official or other University employee authorized to make a decision involving the purchase of goods or services on behalf of the University shall solicit or accept a gift from any person or organization having a financial or other direct personal interest in such decision.