Because the audit is essentially complete and because the employee is the only one with an intimate knowledge of the case, the agency designee might determine, after considering all relevant circumstances, that it is in the Government's interest for the employee to complete the audit, which is subject to additional levels of review. citations and headings (3) Engage in any action that would otherwise violate this part. The Fourteen General Principles (PDF) Full Text of the Standards of Conduct (PDF) Summary of the Standards of Conduct (PDF) Because of the sensitivity of the investigation, the agency designee may be unable to conclude that the Government's interest in the employee's participation in the investigation outweighs the concern that a reasonable person may question the integrity of the investigation, even though the employee has severed all financial ties with the company. 371). During off-duty time, an employee of the Department of Defense (DoD) attends a trade show involving companies that are DoD contractors. The agency designee for the purpose of 2635.502(c) may, in an appropriate case, determine that an employee not covered by the preceding paragraph who has sought but is no longer seeking employment nevertheless will be subject to a period of recusal upon the conclusion of employment negotiations. 527(e), in which the employee is an active participant. Because of considerations relating to the conduct of their offices, including those of protocol and etiquette, the President or the Vice President may accept any gift on his or her own behalf or on behalf of any family member, provided that such acceptance does not violate 2635.205(a) or (b), 18 U.S.C. The Civil Service code - GOV.UK (4) An employee shall not, except as permitted by subpart B of this part, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or nonperformance of the employee's duties. The employee may not accept compensation for teaching the course because the university has interests that may be substantially affected by the performance or nonperformance of the employee's duties. 207, with implementing regulations at parts 2637 and 2641 of this chapter). The agency designee may authorize an employee or employees to accept a gift of free attendance at all or appropriate parts of a widely attended gathering only if the agency designee issues a written determination after finding that: (i) The event is a widely attended gathering, as set forth in paragraph (g)(2) of this section; (ii) The employee's attendance at the event is in the agency's interest because it will further agency programs or operations; (iii) The agency's interest in the employee's attendance outweighs the concern that the employee may be, or may appear to be, improperly influenced in the performance of official duties; and. (b) Agency designee refers to any employee who, by agency regulation, instruction, or other issuance, has been delegated authority to make any determination, give any approval, or take any other action required or permitted by this part with respect to another employee. During the period that he remains with the Government, the officer may not participate personally and substantially in the administration of a contract with that particular defense contractor unless he has received a written waiver under the authority of 18 U.S.C. Government-Wide Ethics Laws | U.S. Department of the Interior An employee of the Environmental Protection Agency has just been promoted. He does not respond. App. (b) Authorization by agency designee. 783(a)). (c) Prospective employer means any person with whom the employee is seeking employment. (2) Solicit a contribution from another employee for a gift to either his own or the other employee's official superior. [57 FR 35042, Aug. 7, 1992; 57 FR 48557, Oct. 27, 1992, as amended at 62 FR 48748, Sept. 17, 1997; 65 FR 53652, Sept. 5, 2000; 66 FR 59674, Nov. 30, 2001]. Except as permitted by paragraph (a)(3) of this section, an employee, including a special Government employee, shall not receive compensation from any source other than the Government for teaching, speaking or writing that relates to the employee's official duties. It does not include a future interest created by someone other than the employee, his spouse, or dependent child or any right as a beneficiary of an estate that has not been settled. 208(b)(2). An employee received an extraordinary payment from her former employer, a coal mine operator, prior to entering on duty with the Department of the Interior. An employee of the Department of the Interior authorized to speak on the first day of a four-day conference on endangered species may accept the sponsor's waiver of the conference fee for the first day of the conference under 2635.203(b)(8). The definitions listed below are used throughout this part. Supplemental agency regulations which the agency determines are necessary and appropriate, in view of its programs and operations, to fulfill the purposes of this part shall be: (1) In the form of a supplement to the regulations in this part; and. The organization has invited the Secretary of Education to give a speech on federally funded special education programs at the awards dinner to be held at the conclusion of the tournament and a determination has been made that the dinner is an appropriate forum for the particular speech. Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts. He may not receive royalties or any other form of compensation for the guide. If the General Counsel is a public filer, he must comply with the documentation requirements set forth in 2635.607. She fills in an entry form on the vendor's display table and drops it into the contest box. (h) Employee means any officer or employee of an agency, including a special Government employee. 9, cl. 2635.803 Prior approval for outside employment and activities. However, it requires more than official responsibility, knowledge, perfunctory involvement, or involvement on an administrative or peripheral issue. An employee is a member of a source selection team assigned to review the proposals submitted by several companies in response to an Army solicitation for spare parts. The employee may, however, write a book about the advantages of investing in various types of securities as long as the book contains only an incidental discussion of any program or operation of the SEC. Ethics - Fourteen Principles of Ethical Conduct for Federal (z) The prohibitions against disclosure of classified information (18 U.S.C. There are Federal Register documents that will modify this content. An employee who divests before obtaining a certificate of divestiture will not be eligible for this special tax treatment. (b) Covered noncareer employees. (c) Authorization to serve as an expert witness. (f) Voluntary contribution means a contribution given freely, without pressure or coercion. (b) Offer rejected or not made. (k) Person means an individual, corporation and subsidiaries it controls, company, association, firm, partnership, society, joint stock company, or any other organization or institution, including any officer, employee, or agent of such person or entity. (d) Agency determination of substantial conflict. A Peace Corps employee enjoys using a social media site on the internet in his personal capacity outside of work. 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 employee may accept an honorary degree from an institution of higher education, as defined at 20 U.S.C. 201(c)). Depending on the size of the agency, there may be additional professi\nal ethics support staff. As part of its Work-Life Balance program, the bank has given each employee in the accountant's division two tickets to a professional basketball game and has urged each to invite a family member or friend to share the evening of entertainment. An employee's actions should promote the public's trust that this responsibility is being met. Specifically, it addresses the requirement of 18 U.S.C. The Internal Revenue Service's amendment of its regulations to change the manner in which depreciation is calculated is not a particular matter, nor is the Social Security Administration's consideration of changes to its appeal procedures for disability claimants. (a) Definitions. Although the employee is seeking employment, the employee may participate in this particular matter of general applicability until she receives some response indicating an interest in discussing her employment proposal. At a department-level staff meeting, the employee raised as a matter for official inquiry the delay in approval of the particular license and asked that the particular license be expedited. 208(b)(4). Under 2635.502, unless he receives prior authorization, an employee should not participate in a particular matter involving specific parties which he knows is likely to affect the financial interests of a member of his household, or in which he knows a person with whom he has a covered relationship is or represents a party, if he determines that a reasonable person with knowledge of the relevant facts would question his impartiality in the matter. 2635.604 Recusal while seeking employment. An employee who, in accordance with the Hatch Act Reform Amendments of 1993, at 5 U.S.C. For purposes of this subpart, the following definitions apply: (a) Agency has the meaning set forth in 2635.102(a). Where an employee is seeking employment within the meaning of 2635.603(b)(1)(ii) or (iii) and is not negotiating for employment, a reasonable person would be likely to question the employee's impartiality if the employee were to participate personally and substantially in a particular matter that, to the employee's knowledge, has a direct and predictable effect on the financial interests of any such prospective employer. The term is all-inclusive and applies to commercial ventures and nonprofit organizations as well as to foreign, State, and local governments, including the Government of the District of Columbia. Introduction January 2017 This Ethics Handbook for On and Off-Duty Conduct summarizes the principal ethics laws and regulations governing the conduct of Department of Justice employees. An employee shall not acquire or hold any financial interest that he is prohibited from acquiring or holding by statute, by agency regulation issued in accordance with paragraph (a) of this section or by reason of an agency determination of substantial conflict under paragraph (b) of this section. Three partners in a law firm that handles corporate mergers have invited an employee of the Federal Trade Commission (FTC) to join them in a golf tournament at a private club at the firm's expense. It does not include any agency or other entity of the Federal Government or any officer or employee thereof when acting in his official capacity on behalf of that agency or entity. Section 2. 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. The book might include a chapter, among many other chapters, which discusses the molecular basis of cancer development. United States Department of Justice An employee shall not engage in outside employment or any other outside activity that conflicts with his official duties. (gg) The prohibition against participation in the appointment or promotion of relatives (5 U.S.C. Title 5 was last amended 6/20/2023. CODE OF ETHICS WebThe purpose of the Civil service rules is to ensure a fair and effective system of human resources management. (7) The limitations on fundraising activities. An employee required to sell or otherwise divest a financial interest may be eligible to defer the tax consequences of divestiture under subpart J of part 2634 of this chapter. The employee must promptly return any tangible item to the donor or pay the donor its market value; or, in the case of a tangible item with a market value of $100 or less, the employee may destroy the item. Civil Service Code 2635.606 Recusal based on an arrangement concerning prospective employment or otherwise after negotiations. For Christmas, a secretary may give his supervisor, and the supervisor may accept, a poinsettia plant purchased for $10 or less. An employee of the Federal Deposit Insurance Corporation has been asked to give a speech in his private capacity, without compensation, to the annual meeting of a committee of the American Bankers Association on the need for banking reform. Annexation would directly and predictably increase the value of her vacation property and, thus, she is disqualified from participating in any way in the Department's deliberations or decisions regarding the annexation. An employee shall not engage in a financial transaction using nonpublic information, nor allow the improper use of nonpublic information to further his own private interest or that of another, whether through advice or recommendation, or by knowing unauthorized disclosure. With approval by the recipient's supervisor, a floral arrangement sent by a disability claimant to a helpful employee of the Social Security Administration may be placed in the office's reception area. (4) Gifts from foreign governments or international organizations. (2) Accept a gift given because of the employee's official position. The attorney may accept the travel expenses to New York, but not the expenses to San Francisco. An employee at the Department of the Army is offered an encyclopedia on cyberwarfare from a prohibited source. Employees are cautioned that even though an outside activity may not be prohibited under this section, it may violate other principles or standards set forth in this part or require the employee to disqualify himself from participation in certain particular matters under either subpart D or subpart E of this part. To avoid public embarrassment to the seminar sponsor, an employee of the National Park Service did not decline a barometer worth $200 given at the conclusion of his speech on Federal lands policy. [57 FR 35042, Aug. 7, 1992, as amended at 59 FR 4780, Feb. 2, 1994; 60 FR 6391, Feb. 2, 1995; 60 FR 66858, Dec. 27, 1995; 61 FR 40951, Aug. 7, 1996; 62 FR 48748, Sept. 17, 1997]. (2) Opportunities and benefits, including favorable rates, commercial discounts, and free attendance or participation not precluded by paragraph (c)(3) of this section: (i) Offered to members of a group or class in which membership is unrelated to Government employment; (ii) Offered to members of an organization, such as an employees' association or agency credit union, in which membership is related to Government employment if the same offer is broadly available to large segments of the public through organizations of similar size; or.
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