Tuesday, January 27, 2015

Ethical News 4.3 Donation Limits


A third-grade teacher at UP Academy Dorchester won an essay contest. The essay began with the teacher explaining that she worked in a school that educated many underprivileged children. When the teacher won first prize she donated the $150,000 to the school that she worked in.

Soon afterwards the local media got ahold of the story and the teacher received nationwide praises for her actions. She was quickly invited on the Ellen DeGeneres Show where Ellen donated even more to the school. Ms. DeGeneres gave each teacher a $500 Target gift card to purchase school supplies for their classrooms. She also gave backpacks filled with school supplies that were worth about $100 each, to many of the students. She also gave a $25,000 check directly to the teacher.

The problem arose when someone realized that the state’s ethic laws limit gift giving to public employees. The law states that each public employee is limited to a $50 cap on gifts. This made nearly all of the monitorial gifts illegal to give and receive.   

The state does allow for teachers to receive gifts up to $150 for classroom supplies, but the regulations state that the donation must be anonymous. The rules also have a clause that allows teachers to accept any denomination of gift cards as long as the teacher shows receipts of purchase to prove the money was used for classroom expenses. These exceptions were put into place as acknowledgement that teachers often buy these items with their own finances.

David Giannotti, chief of the public education and communications division at the State Ethics Commission made a public statement that pointed out that if a prize is given out as the product of a random drawing, such as a door prize, the employee could keep it even if it is over the $50 limit. However, a gift given to someone because they are a public employees it is against the policies, but that gift can be given to the public body (school).   

The founder and CEO of Up Education Network, Scott Given said in a report he is contented the gifts conform with ethics laws. He spoke very positively about the teacher and her actions.

The reason for these laws is to keep any public employee from using their position for personal financial gain. In this case I believe the initial award that the teacher gave to the school, the backpacks and materials given to the students, and the gift cards for classroom supplies were all completely innocent and not for personal gain. The $25,000 given directly to the teacher from Ellen was directly for personal advancements, but it was given as a goodwill gesture not profit.

Is donating right or wrong?
Is accepting donations right or wrong?
Is how the donations are used a legitimate reason to accept donations?
Does it matter who is the actual donor?

Chapter four in our class text reviews the "Myself or Other" ethics. This chapter shows excellent examples of people putting others before themselves.

Chapter five in our class text discusses Utilitarianism and how one should make a ethical or moral decision by calculating how the most people would benefit and the least suffering would occur. I think this is exactly what everyone in this case that did the donating was actually attempting to do.

Chapter six says that if a moral or ethical decision is made by strictly adhering to rules or laws regardless of outcome is Kantian Deontology. I personally do not believe this is always the humanitarian thing to do. In this case the rules were initially followed, but later they were broken even though the intentions were good.
 

I think that if the teacher would have stayed on her path and just given it to the school none of this would probably even have been scrutinized like it has been.

References:


By Jennifer SmithGlobe Correspondent  January 24, 2015  The Boston Globe



Jack Sullivan   Jan 22, 2015

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