Her private employer, a large corporation, believes the job will enhance her skills and has agreed to give her a two-year unpaid leave of absence at the end of which she has agreed to return to work for the corporation. An advocacy group dedicated to improving treatments for severe pain asks the National Institutes of Health (NIH) to provide a conference speaker who can discuss recent advances in the agency's research on pain. The Secretary of the Department of Health and Human Services may accept an airline ticket and hotel accommodations furnished by the campaign committee of a candidate for the United States Senate in order to give a speech in support of the candidate. The employee's acceptance must be approved by the agency in accordance with part 410 of this title; or. An employee of the Consumer Product Safety Commission (CPSC) may accept a discount of $50 on a microwave oven offered by the manufacturer to all members of the CPSC employees' association. (b) Notification. 7321 through 7326, which govern the political activities of executive branch employees; and. The cost of the encyclopedia is far in excess of $100. Section 2635.807(a)(2)(i)(E) does not preclude an employee, other than a covered noncareer employee, from receiving compensation for teaching, speaking or writing on a subject within the employee's discipline or inherent area of expertise based on his educational background or experience even though the teaching, speaking or writing deals generally with a subject within the agency's areas of responsibility. An employee who is contemplating employment to be undertaken following the termination of the employee's Federal employment should consult an agency ethics official to obtain advice regarding any post-employment restrictions that may be applicable. 2635.103 Applicability to members of the uniformed services. The portable music player has a market value of $25. (e) Divestiture of a disqualifying financial interest. (1) Authorization. A charitable organization is sponsoring a two-day tennis tournament at a country club in the Washington, DC area to raise funds for recreational programs for learning disabled children. 7353). As a member of the evaluation team, the employee has access to proprietary information regarding the production methods of Alpha Corporation, one of the competitors. 8), which forbids employees from accepting emoluments, presents, offices, or titles from foreign governments, without the consent of Congress. Unless authorized in accordance with law or regulations to use such time for other purposes, an employee shall use official time in an honest effort to perform official duties. 2. Employees are encouraged to consult with their ethics officials if they have any questions about how this subpart may apply to them. In addition to those opportunities and benefits excluded from the definition of a gift by 2635.203(b)(4), an employee may accept: (1) A reduction or waiver of the fees for membership or other fees for participation in organization activities offered to all Government employees or all uniformed military personnel by professional organizations if the only restrictions on membership relate to professional qualifications; and. Politics Hub - Sky News CSC Regional Office I. CSC Regional Office II. 101, may, by supplemental agency regulation, designate as a separate agency any component of that department which the department determines exercises distinct and separate functions. Public filers must comply with additional notification requirements set forth in 2635.607. 1905 and 41 U.S.C. Such a matter is covered by this subpart even if it does not involve formal parties and may include governmental action such as legislation or policy-making that is narrowly focused on the interests of such a discrete and identifiable class of persons. The employee has rejected the unsolicited employment overture and has not begun seeking employment. An employee of the Environmental Protection Agency has just been promoted. (b) Offer rejected or not made. There is no entrance fee to the reception event or to the venue. 219) against acting as the agent of a foreign principal required to register under the Foreign Agents Registration Act (22 U.S.C. The trade show is held in a public shopping area adjacent to the employee's office building. Authorization by the agency designee shall be documented in writing at the agency designee's discretion or when requested by the employee. (ii) Known to the employee, if the employee is a special Government employee, to be a prohibited source within the meaning of 2635.203(d)(4) that is a person whose interests may be substantially affected by performance or nonperformance of his official duties; (2) Use or permit the use of his official title, position or any authority associated with his public office to further the fundraising effort, except that an employee who is ordinarily addressed using a general term of address, such The Honorable, or a rank, such as a military or ambassadorial rank, may use or permit the use of that term of address or rank for such purposes; or. (2) Resulting from the employee's outside business or employment activities when it is clear that such benefits are based on the outside business or employment activities and have not been offered or enhanced because of the employee's official status; The members of an Army Corps of Engineers environmental advisory committee that meets six times per year are special Government employees. (c) Related statutes. Where the agency designee determines that the employee's participation should not be authorized, the employee will be disqualified from participation in the matter in accordance with paragraph (e) of this section. (f) Designated agency ethics official refers to the official designated under 2638.201 of this chapter. An expert on international banking transactions has been given a one-year appointment as a special Government employee to assist in analyzing evidence in the Government's fraud prosecution of owners of a failed savings and loan association. App. An Air Force contractor pays $4,000 in order that the association might invite any five Federal employees. Because the gift would not be permissible under an exception to this subpart, the employee must either return or destroy the T-shirt or promptly reimburse the donor $25. Civil Service Code Principles of Ethical Conduct. (ee) The prohibition against interference with civil service examinations (18 U.S.C. The employee may accept the resulting prize because entry into the contest was not required by or related to her official duties. Nothing in this section prohibits an employee who is ordinarily addressed using a general term of address, such as The Honorable, or a rank, such as a military or ambassadorial rank, from using that term of address or rank in connection with a personal activity. (2) A person contacted by the employee's agent or other intermediary for the purpose of seeking to establish an employment relationship if the agent identifies the prospective employer to the employee. (Executive Order 12674) Public service is a public trust; employees must place loyalty to the Constitution, the laws, and Nothing in this section shall be construed to suggest that an employee should not participate in a matter because of his political, religious or moral views. If the attorney were a covered noncareer employee he would be barred from accepting the travel expenses to New York as well as the travel expenses to San Francisco. Once the employee makes a response that is not a rejection to the company's communication concerning possible employment, the employee must recuse from further participation in the review of the application. She fills in an entry form on the vendor's display table and drops it into the contest box. An Assistant Secretary may not accept a local country club's offer of membership to all members of Department Secretariats which includes a waiver of its $5,000 membership initiation fee. The geologist has begun seeking employment with that oil company and will be seeking employment for two months from the date the resume was mailed, provided she does not receive a response indicating an interest in employment discussions. This limitation does not apply to any outside earned income received for outside employment, or for any other outside activity, carried out in satisfaction of the employee's obligation under a contract entered into prior to April 12, 1989. The administrative assistant to the personnel director of the Tennessee Valley Authority may send a $30 floral arrangement to the personnel director who is in the hospital recovering from surgery. (1) Outside employment while a Federal employee. Ethics - Fourteen Principles of Ethical Conduct for Federal For purposes of this section, the following definitions shall apply: (i) A particular matter will have a direct effect on a financial interest if there is a close causal link between any decision or action to be taken in the matter and any expected effect of the matter on the financial interest. 423(a) and (b)). At the time he began negotiating for future employment with the law firm, he was not participating personally and substantially in a particular matter that, to his knowledge, had a direct and predictable effect on the financial interest of the law firm. The officer may not accept the offer of transportation because the definition of free attendance set forth in 2635.203(g) excludes travel, and the market value of the transportation would exceed $20. After shadow minister Pat McFadden criticised Just Stop Oil, one of the group's backers, Dale Vince, justifies recent action by the group by saying "arguing" about it on TV is "evidence of success". The defense contractor sponsoring the event has offered to transport the officer in a limousine to the event. An employee who becomes aware of the need to disqualify himself from participation in a particular matter involving specific parties to which he has been assigned should notify the person responsible for his assignment. A public filer who negotiates for or has an agreement of future employment or compensation must comply with the notification requirements in 2635.607. Following ethical guidelines and eliminating any improprieties, or even the appearance of potential corruption, is imperative to safeguarding the publics trust in government. (ii) A program of education or training sponsored and funded by the Federal Government or by a State or local government which is not offered by an entity described in paragraph (a)(3)(i) of this section. The employee must promptly complete the authorized disposition of the gift. Displaying title 5, up to date as of 6/23/2023. An employee of the Occupational Safety and Health Administration is conducting an inspection of one of several textile companies to which he sent an unsolicited resume. An Air Force contractor pays $125 to the association so that the association can extend free invitations to five Air Force officials designated by the contractor. 798 and 50 U.S.C. The official says, I am not talking to anyone about employment until I leave the Government. The official has rejected the unsolicited employment overture and has not begun seeking employment. 2635.605 Waiver or authorization permitting participation while seeking employment. (a) Consideration of appearances by the employee. While it includes references to several of the basic conflict of interest statutes whose standards are explained in more detail throughout this part, it does not include references to statutes of more limited applicability, such as statutes that apply only to officers and employees of the Department of Defense. Where the parent corporation is a conglomerate, the employee could reasonably conclude that, under the circumstances, a reasonable person would not be likely to question his impartiality if he were to continue to perform his test and evaluation responsibilities. (iv) Receive means that there is actual or constructive receipt of the compensation by the employee so that the employee has the right to exercise dominion and control over the compensation and to direct its subsequent use. (2) An employee who is concerned that circumstances other than those specifically described in this section would raise a question regarding his impartiality should use the process described in this section to determine whether he should or should not participate in a particular matter. It does not include travel expenses, lodgings, or entertainment collateral to the event. Search & Navigation If it is determined by the agency that it is essential that another employee accompany the presenting employee to the roundtable discussion, the accompanying employee may also accept free attendance to the meeting under paragraph (b)(8)(ii) of this section. The Fourteen General Principles (PDF) Full Text of the Standards of Conduct (PDF) Summary of the Standards of Conduct (PDF) (2) Authorized purposes are those purposes for which Government property is made available to members of the public or those purposes authorized in accordance with law or regulation. We recommend you directly contact the agency associated with the content in question. PUBLIC LAW 96-303JULY 3, 1980 94 STAT. 855 96th The agency can require the employee to sell his stock as a condition of being selected for the position rather than allowing him to disqualify himself in particular matters. For purposes of that definition an employee will be deemed to have paid market value for any benefit received as a result of his participation in any carpool or other such mutual arrangement involving another employee or other employees if he bears his fair proportion of the expense or effort involved. WebLaws Commonwealth Law Act 71 of 2018, Civil Service Reform: governs the regulation of the civil service of certain departments and agencies of the commonwealth. An employee of the Food and Drug Administration (FDA) is contacted in writing by a pharmaceutical company concerning possible employment with the company. It includes but is not limited to personal services as an officer, director, employee, agent, attorney, consultant, contractor, general partner, or trustee. The employee was acting in his official capacity when he met the individual at a meeting to discuss a matter related to the contract between their respective employers. Because the University of Maryland has applied for grants on which she has been assigned to work in the past, she wants to make certain that she does not violate the ethics rules. An employee of the Federal Labor Relations Authority who is a public filer began negotiating for future employment with a law firm. Civil Service Code of Ethics Definition | Law Insider The attorney has no public speaking responsibilities on behalf of the FTC apart from the judicial and administrative proceedings to which he is assigned. (E) Except as provided in paragraph (a)(2)(i)(E)(4) of this section, the subject of the activity deals in significant part with: (1) Any matter to which the employee presently is assigned or to which the employee had been assigned during the previous one-year period; (2) Any ongoing or announced policy, program or operation of the agency; or. (g) Gifts of free attendance at widely attended gatherings . However, an employee may elect to create a record of his actions by providing written notice to a supervisor or other appropriate official. WebThis Code of Conduct and Ethics may be cited as the Public Citation. Notwithstanding that his acquisition or holding of a particular interest is proper, an employee is prohibited in accordance with 2635.402 of this subpart from participating in an official capacity in any particular matter in which, to his knowledge, he or any person whose interests are imputed to him has a financial interest, if the particular matter will have a direct and predictable effect on that interest. Although members of the bar association are assessed a $15 fee for the meeting, the Assistant U.S. Attorney may accept the bar association's offer to attend for free, even without a determination of agency interest. Pursuant to 2635.202(c) and 2635.205(a), notwithstanding any exception to the rule, an employee may not accept a gift in return for being influenced in the performance of an official act. Disqualification is accomplished by not participating in the matter. The employee should not enter into the consulting arrangement even though he is not currently working on OSHA standards affecting this industry and his consulting contract can be expected to be completed before he again works on such standards. Employees An employee of the United States Trade and Development Agency is invited to attend a cocktail party hosted by a prohibited source. (c) Prospective employer means any person with whom the employee is seeking employment. (b) Employees who have questions about the application of this part or any supplemental agency regulations to particular situations should seek advice from an agency ethics official. (1) Notification. (c) Documentation. 2. Under the authority of 31 U.S.C. For purposes other than subparts B and C of this part, it does not include the President or Vice President. He may not receive royalties or any other form of compensation for the guide. 2635.206 Proper disposition of prohibited gifts. An agency may, by supplemental agency regulation issued after February 3, 1993, prohibit or restrict the acquisition or holding of a financial interest or a class of financial interests by agency employees, or any category of agency employees, and the spouses and minor children of those employees, based on the agency's determination that the acquisition or holding of such financial interests would cause a reasonable person to question the impartiality and objectivity with which agency programs are administered. Where the market value of a gift or the aggregate market value of gifts offered on any single occasion exceeds $20, the employee may not pay the excess value over $20 in order to accept that portion of the gift or those gifts worth $20. The official used her public office in an attempt to benefit her friend and, in acting as her friend's agent for the purpose of pursuing the export license with the Department of Commerce, may also have violated 18 U.S.C. 208(a), from participating personally and substantially in an official capacity in any particular matter in which, to his knowledge, he, his spouse, general partner or minor child has a financial interest, if the particular matter will have a direct and predictable effect on that interest. Although the Office of Government Ethics encourages advance filing when a public filer anticipates a realistic possibility of negotiations or an agreement, the failure to make an advance filing does not violate this subpart or the principles of ethical conduct contained in 2635.101(b). (D) In the case of an employee other than a covered noncareer employee as defined in 5 CFR 2636.303(a), travel expenses, consisting of transportation, lodgings or meals, incurred in connection with the teaching, speaking or writing activity. (3) An employee may not accept for personal use any benefit to which the Government is entitled as the result of an expenditure of Government funds, unless authorized by statute or regulation (e.g., 5 U.S.C. The donor's motivation for offering this gift is unrelated to the DOJ employees' status, authority, or duties associated with their Federal position, but instead is based on their mere presence in the building as occupants at the time of the fire. (2) The term financial interest includes service, with or without compensation, as an officer, director, trustee, general partner or employee of any person, including a nonprofit entity, whose financial interests are imputed to the employee under 2635.402(b)(2) (iii) or (iv). An engineer has just resigned from her position as vice president of an electronics company in order to accept employment with the Federal Aviation Administration in a position involving procurement responsibilities. SENIOR EXECUTIVE SERVICE (SES) ADDRESSING The market value of a gift of a ticket entitling the holder to food, refreshments, entertainment, or any other benefit is deemed to be the face value of the ticket. (j) He, his, and him include she, hers and her. When others in attendance will generally be accompanied by a spouse or other guest, and where the invitation is from the same person who has invited the employee, the agency designee may authorize an employee to accept an unsolicited invitation of free attendance to an accompanying spouse or one other accompanying guest to participate in all or a portion of the event at which the employee's free attendance is permitted under paragraph (g)(1) this section. The spouse of an employee of the Food and Drug Administration has obtained a position with a well established biomedical research company. DEF Computer Corporation, a closely held company in which he and his wife own a majority of the stock, has submitted a proposal. A Government employee who attends the conference in his official capacity could not accept the prize under paragraph (b)(5) of this section, as the event is not open to the public. (k) The prohibition against solicitation or receipt of gifts from specified prohibited sources (5 U.S.C. (3) Regulations or instructions that an agency has authority, independent of this part, to issue, such as regulations implementing an agency's gift acceptance statute, protecting categories of nonpublic information or establishing standards for use of Government vehicles. The employee may be described in his introduction at the meeting as an employee of the Federal Deposit Insurance Corporation provided that other pertinent biographical details are mentioned as well. Even though the food, refreshments, and entertainment provided at the event may be worth only $20, the market value of the ticket is its $250 face value. An employee may accept a bona fide award for meritorious public service or achievement and any item incident to the award, provided that: (i) The award and any item incident to the award are not from a person who has interests that may be substantially affected by the performance or nonperformance of the employee's official duties, or from an association or other organization if a majority of its members have such interests; and. An individual waiver may be issued under 18 U.S.C. (b) Gift includes any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. The employee explains to the State official that she is very happy with her job at CMS and is not interested in another job. The term also means any arrangement to compensate in exchange for services that will commence after the termination of Government service. The authorization required by this paragraph (g)(6) must be provided in writing. A paralegal at the Department of the Army is in his third year of law school. An Assistant Secretary at the Department of the Interior is getting married. 9, cl. It includes officers but not enlisted members of the uniformed services. Under 5 U.S.C. However, at any time, including after the employee has disqualified himself from participation in a matter pursuant to paragraph (e) of this section, the agency designee may make this determination on his own initiative or when requested by the employee's supervisor or any other person responsible for the employee's assignment. Citations to other generally applicable statutes relating to employee conduct are set forth in subpart I and employees are further cautioned that there may be additional statutory and regulatory restrictions applicable to them generally or as employees of their specific agencies. A few other officials of the utility and their spouses or other guests are also invited, as is a representative of a consumer group concerned with utility rates and her spouse. Relevant factors in making such a determination include the history and nature of the relationship and whether the family member or friend personally pays for the gift. Unless the employee is authorized to participate in the particular matter by virtue of a waiver or exemption described in paragraph (d) of this section or because the interest has been divested in accordance with paragraph (e) of this section, an employee shall disqualify himself from participating in a particular matter in which, to his knowledge, he or a person whose interests are imputed to him has a financial interest, if the particular matter will have a direct and predictable effect on that interest.
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