Personal Gain, Perks, and Ethical Guidelines at the Port of Oakland: A Guide for Employees

Employee Lawyers

Ethics are crucial at the Port of Oakland, where public resources are handled for everyone’s benefit. If you work for a public organization, our activities must be consistent with the highest standards of ethics, justice, and transparency. This blog discusses how Port employees should handle moral dilemmas involving gifts, travel, hosting, and misusing public resources while also discussing personal gain, benefits, and conflicts of interest.

Does Your Port Badge Get You Any Type of Gain?

The subject of whether wearing a Port badge offers any personal advantages is one that is frequently brought up in ethics training. Your Port badge is a useful tool for gaining access to the Port’s amenities and services, thus the short answer is no. Particularly when it comes to private events or services that can seem to benefit you personally, it does not come with any inherent personal gain privileges, such as preferential treatment or freebies.

When in doubt, keep in mind that anything you receive as part of your work duties is not seen as a gift or reward. It’s important to maintain a clear separation between professional obligations and personal benefit, though, as ethical problems may occur if workers start to demand preferential treatment beyond their job requirements.

1) Conflicts of Interest: Navigating the Gray Areas

Conflicts of interest are a central ethical concern for public employees. These occur when an employee’s personal interests might interfere with their ability to perform their job impartially. Here are key aspects to consider:

Analysis:

When there are financial or personal ties to people or companies who do business with the Port, conflicts of interest frequently occur. For example, you may have a conflict if you have a business stake in a company that is vying for a port contract.

Reporting:

Reporting possible conflicts is essential. For public officials, this entails declaring financial interests on Form 700 and abstaining from relevant choices in which they have a conflict. For instance, you have to abstain from choices pertaining to a proposal if a family member owns the business that is presenting a bid for a port project.

Optics:

The appearance of a problem can cause anxiety even if there isn’t a conflict on paper. For instance, even in the absence of a legal conflict, the public may perceive it as unethical if you are on a panel that gives a contract to your brother-in-law’s business. Public opinion counts, and the appearance of partiality can frequently be just as damaging as an actual dispute.

Examples of Conflicts:

  • Tenant Sends Expensive Box of Chocolates for Holidays:
    This could be a cause for concern, particularly if the chocolate is worth more than the gift limit. Under such circumstances, the Port’s policy would advise staff members to either return the present or divide it in a way that doesn’t favor one individual. 
  • Port Tenant Hosts Evening Dinner at Industry Conference:
    This usually isn’t a problem if you go to a conference that a Port tenant is hosting, especially if the Port is paying for your attendance. Gifts exceeding $630 must be disclosed, so be careful about any gifts given at the dinner. 
  • Vendor Hosts BBQ for Customers:
    It is acceptable to attend if the seller is holding the BBQ as part of a public event, but caution should be used to make sure that no more than $630 worth of goods are received. Anything more ought to be reported. 

2) Perks: The Value of Your Job

You are entitled to specific perks as part of your employment with the Port of Oakland. These benefits should be utilized sparingly and should not be confused with gifts in order to avoid giving the appearance of a banned advantage.

Gifts:

You can accept gifts, but there are some limitations. According to port regulations and state law, you are not permitted to accept more than $630 in gifts from a single source in a calendar year. If you receive more than this, you have to declare presents on Form 700.

Gifts of $50 or more throughout a calendar year must be reported, regardless of whether they qualify for the reporting level.

Travel: Keeping It Transparent

When you are sent on a port trip, it is essential to maintain transparency and adhere to the port’s travel rules. These rules ensure that employees don’t misuse their vacation time and that government dollars are spent responsibly.

Cost:

Never forget that port money should only be utilized for expenses associated with travel. Personal expenses such as staying with friends or family or touring should not be billed to the Port. Employees should not submit receipts for non-eligible items or accommodations unrelated to the Port’s business.

Transparency:

If you choose to stay for a personal vacation following a conference that ends at noon on Friday, it has to be disclosed. You cannot enter a full day’s work on your timecard if you are not actively engaged in Port business. This suggests that the journey should benefit the Port as well as you.

Wagging the Trip—Dog or Tail?

Consider whether the journey is primarily for personal or professional purposes when considering attending a conference or taking a trip. If you want to attend a conference because it’s in your hometown and you can visit your family, make sure the Port’s interests are still being fulfilled. Don’t allow your self-serving goals to come first.

Hosting: Know What’s Allowed

When it comes to hosting events or participating in Port-related events, be aware of what’s acceptable. For instance:

Examples of Acceptable Hosting:

  • Taking Broken Binders from the Port:
    It may be acceptable to bring a damaged binder intended for trash home for personal use, provided that it is not in volume. However, it is not appropriate to take something that is valuable or meant for sale or reuse.
  • Taking Scrap Materials Designated for Hauling:
    No, scraps are not permitted. It would be a waste of government dollars to seize these resources without permission because the Port depends on them to fund its operations.

Misuse of Public Resources: Be Mindful

Port employees must never misuse Port resources for personal purposes. This includes time, equipment, and materials.

What Privileges Does Your Port Badge Afford You?

  • Items and Supplies, Surplus or Time:

Port resources like paper, ink, and office supplies are for business use only. Personal printing, especially for extensive personal work (like printing a 900-page thesis), should be avoided.

Time is a valuable resource. Be mindful that using work hours for personal errands could constitute wage theft.

  • Incidental Uses:

For incidental, private uses, such as checking a personal email during downtime, you are permitted to use Port resources in tiny amounts. This should never, however, get in the way of your ability to do your work or use public resources for business purposes.

  • Outside Employment: Side Hustles and Ethics

Although working outside the office is permitted, it’s important to make sure that your Port responsibilities don’t overlap. For instance, you can be asked to abstain from decisions pertaining to a company you work for outside of work if it has a business relationship with the Port.

To prevent conflicts of interest, port workers are required to declare any outside employment. There is a conflict of interest, for instance, if you are overseeing a Port-sponsored airport terminal construction project while also working for a nonprofit that is opposed to the project.

Conclusion: Upholding Ethics at the Port

At the Port of Oakland, upholding moral principles is essential to our public service purpose. Strict guidelines are in place to preserve openness and equity regarding contributions, personal benefit, travel, and the use of public resources. Employees of the Port can steer clear of moral traps and guarantee that the public’s trust is maintained by adhering to these values and always acting honorably.

For further information, check the Port’s internal guidelines, and don’t hesitate to seek guidance when in doubt.

Common Questions:

1. Does my Port of Oakland badge entitle me to discounts or special treatment at local businesses? 

No. Your badge is a tool for accessing Port facilities and services required for your job. It does not grant any inherent personal privileges, freebies, or preferential treatment for private events or services.

2. What is the “Rule of Optics” regarding conflicts of interest? 

Even if a situation is legally permissible, you must consider how it looks to the public. If a decision appears biased (e.g., awarding a contract to a family member’s business), it can damage public trust as much as an actual legal conflict.

3. A tenant sent a luxury gift basket to my office for the holidays. What should I do?  

If the value exceeds the gift limit, you should return the gift. If it is a shared item (like food), it should be divided among staff in a way that doesn’t favor one individual, ensuring no single person exceeds the ethical threshold.

4. Can I extend a Port-funded business trip for a personal vacation?  

Yes, but with full transparency. You must disclose the personal portion of the trip, and you cannot bill the Port for any expenses (lodging, meals, or transit) incurred during your vacation time. Your timecard must accurately reflect when you stopped performing Port business.

5. Am I allowed to use my work computer for personal tasks? 

Only for incidental use, such as briefly checking a personal email during downtime. Using Port resources for extensive personal projects (e.g., printing a large document or running a side business) is a misuse of public resources and is prohibited.

6. What is Form 700? 

Form 700 is a Statement of Economic Interests. Public officials and designated employees use it to declare financial interests and gifts, ensuring transparency and helping to identify potential conflicts of interest.

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Joshua Safran

Attorney

Joshua Safran is an attorney with deep expertise in land use, CEQA, real estate, municipal law, and complex business transactions. He handles everything from development projects and public-private partnerships to litigation and governance matters. Joshua is also recognized for his impactful pro bono work in post-conviction habeas cases.

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