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Legal Services - Foundation - Relationship

Relationships Between NPS Students/Faculty/Staff and The NPS Foundation

On 3 December 2013, NPS and the NPS Foundation signed a memorandum of understanding (MOU) to formalize the cooperation and support between the two organizations in accomplishment of the mission of NPS.  Along with the MOU, this paper outlines the guidelines for relationships with the Foundation personnel.

Specifically, the MOU prohibits (see MOU for complete listing):

  • Allowing any NPS employee, student, or staff member to receive reimbursement for expenses related to official duties from the Foundation.  This prohibition shall not apply when an NPS employee, student, or staff member is seeking reimbursement for expenses incurred solely as a member of, and for the benefit of, a student morale group sponsored by the Foundation, where the expense is related to the charter and purpose of such student group.
  • Divulging PII to the Foundation, unless the owners of the PII have provided written consent.
  • Disseminating information regarding Foundation fundraisers or membership drives, including information regarding specific Foundation store sales.
  • Distributing Foundation promotional items at NPS conferences and other events.
  • NPS employees from soliciting gifts.

The MOU recognizes that interaction between NPS employees is appropriate; however, NPS employees may not actively and visibly participate in their official capacities in the solicitation portion of fundraising.  NPS employees and students may:

  • Give an official speech at a Foundation fundraiser or other event upon approval from the President
  • Engage with the Foundation to disseminate information regarding NPS activities that are available to the general public (publicly releasable information)
  • Coordinate with the Foundation concerning foundation projects or securing speakers for approved events when referred by the NPS Liaison.

You might be asking yourself:  “What does this all really mean to me?”  The following FAQs should be of help to answer some of the most common concerns about interacting with the Foundation (as well as a guide for interacting with other non-federal entities).  As always, if in doubt about engaging with the Foundation, ask the NPS Liaison, Provost Hensler, and we’ll get an answer to you.

Foundation FAQ

Foundation FAQ

No, only the NPS President (or higher authority) may accept any gift to any NPS entity (i.e., gift to the Navy).

Yes, of course.  You can afford them the same courtesies as you would anyone else outside of DoD.

Yes.  The Foundation has four distinct categories of membership: 

  • Student
  • Alumni
  • Faculty/Staff
  • Community Supporter

Yes, according to NPS Foundation Club guidelines.  Support to internal clubs is not considered a gift by DoD.

No, unless the class or seminar is open to the public and advertised as such (e.g., open invitation on the nps.edu website or other communications means to the community).

Yes, upon NPS approval.  NPS will determine whether the event is an appropriate forum for the dissemination of information you intend to present (and you cannot request donations or support).  The speech would be an official speech given in your official capacity.

Yes, if the document has been vetted as releasable to the public.

Yes, again, if the work is releasable to the public and you desire to share your knowledge.  In some cases the Foundation would ask the Liaison for referral to faculty who are working in certain areas.  In that case you would be contacted by the Liaison and asked if you would be interested in talking with the Foundation about your work.

Maybe.  Any gift of travel would be accepted by NPS and not the individual.  NPS determines whether the offer of the gift of travel (outside the permanent duty station) is for an appropriate forum to warrant sending an individual in their official capacity.

Yes.  In fact, the common area in the Foundation Cottage is technically Naval Support Activity Monterey space.  The Foundation offers the use of the space for non-official NPS use.

Yes, you can attend all their events that are open to the public.

Yes.  You can accept modest amounts of food (but not meals).  You can accept up to $20 per source (Foundation and others), per occasion with a maximum of $50 per source, per year (cash is not allowed).

A gift is:

  • Money, real property, and personal property offered to NPS (Navy) given by a non-federal source (such as the NPS Foundation)
  • Any gratuity, favor, discount, entertainment, hospitality, loan, or other item having a monetary value
  • Gifts include services as well as gifts of training, transportation, local travel, lodging and meals

Maybe.  You may accept gifts that are offered to all members of the Foundation.  You may not accept a gift that is given to you based on your official position, or that is offered to select individuals.  If in doubt, please contact the Staff Judge Advocate for advice.

No, the standards of conduct regulations have been around for a long time.  There are no NPS-unique gift prohibitions.  All prohibitions are DoN- or DoD-wide.

  • Foundation support to the Foundation’s internal clubs (cycle club, etc.)
  • Bona-fide awards
  • Modest amounts of food (“coffee and donut” rule)
  • Rewards and prizes given to competitors in contests or events (open to the public and entry not part of official duties)
  • Anything for which the member pays fair market value
Legal Services - Foundation - Other Sources

Sources for Further Information

If you have further questions, consult the Staff Judge Advocate. Additional information is available in: