Where, as defined in 2635.603(b)(1)(i), an employee is engaged in employment negotiations for purposes of 18 U.S.C. When teaching, speaking, or writing in a personal capacity, he may refer to his official title or position only as permitted by 2635.807(b). An employee shall not serve, other than on behalf of the United States, as an expert witness, with or without compensation, in any proceeding before a court or agency of the United States in which the United States is a party or has a direct and substantial interest, unless the employee's participation is authorized by the agency under paragraph (c) of this section. (b) Definitions. An employee who works as the computer procurement official for a Government agency could not accept the discount to purchase the personal computer under the exception in paragraph (c)(2)(i) of this section. Because she is authorized to speak on Administration policy, her remarks at the banquet are an official speech. An aerospace industry association that is a prohibited source sponsors an industry-wide, two-day seminar for which it charges a fee of $800 and anticipates attendance of approximately 400. In accordance with Office of Personnel Management regulations at part 251 of this title, an attorney employed by the Department of Justice may be permitted to use her office word processor and agency photocopy equipment to prepare a paper to be presented at a conference sponsored by a professional association of which she is a member. A letter merely acknowledging receipt of the resume is not an indication of interest in employment discussions. (3) Gifts of intangibles. The civil service rules help ensure a fair and effective human resources management. contact the publishing agency. (a) Gifts of $20 or less. 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. (2) Widely attended gatherings. 3371, et seq. (4) The gift of meals, refreshments, or entertainment is from a person other than a foreign government as defined in 5 U.S.C. (ii) The prohibitions and limitations in 2635.804 and in 2636.304 of this chapter on receipt of outside earned income applicable to certain Presidential appointees and to other covered noncareer employees. 5 U.S.C. (a) Public service is a public trust. (b) Notification. During a holiday party, an employee of the Department of State is given a $15 store gift card to a national coffee chain by an agency contractor. Such action may be in addition to any action or penalty prescribed by law. (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. Zip Code 12220. 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. The term includes any current or contingent ownership, equity, or security interest in real or personal property or a business and may include an indebtedness or compensated employment relationship. 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. 423. WebPolicy Series 200: Employee Guidelines 201 - Code of Ethics and Rules of Conduct REFERENCE RESCINDS RSMo. (2) Adversely affect the efficient accomplishment of the agency's mission because another employee cannot be readily assigned to perform work from which the employee would be disqualified by reason of the financial interest. An employee may, however, be subject to other statutes that impose requirements on employment contacts or discussions, such as 41 U.S.C. 208(b)(1) or (3). ; Policeman's and Fireman's Collective Bargaining Act of Any provision that requires a determination, approval, or other action by the agency designee shall, where the conduct in issue is that of the agency head, be deemed to require that such determination, approval or action be made or taken by the agency head in consultation with the designated agency ethics official. Uphold the Constitution, laws, and legal regulations of the United States and of all governments therein and never be a party to their evasion. (iii) Contain information that relates in whole or in part to the following categories: (A) The employee's official duties or position, profession, or field of study; (B) A general subject matter area, industry, or economic sector affected by or involved in the programs or operations of the agency; or. (2) Directed divestiture. Solely because of her recent appointment to a Cabinet-level position, a Government official is invited by the Chief Executive Officer of a major international corporation to attend firm meetings to be held in Aspen for the purpose of addressing senior corporate managers on the importance of recreational activities to a balanced lifestyle. (1) Authorization. 7342). Minimum Attorney or one year of permanent, competitive service in a title eligible for transfer under 52.6 or 70.1 of the Civil Service Law, AND admission to the New York State Bar. She is discussing possible employment with a university that received an NSF grant several years ago to study the effect of fluorocarbons but has no current grant applications pending before NSF. 201(b), which prohibits a public official from seeking, accepting or agreeing to receive or accept anything of value in return for being influenced in the performance of an official act or for being induced to take or omit to take any action in violation of his official duty; (2) 18 U.S.C. Unless accepted under specific statutory authority, such as 31 U.S.C. (2) Imputed interests. 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. Choosing an item from The employee may not participate personally and substantially in the development of the regulation because she has begun employment discussions with the pharmaceutical company and the regulation is a particular matter of general applicability which would have a direct and predictable effect on the financial interests of the pharmaceutical company. During off-duty time, an employee of the Department of Defense (DoD) attends a trade show involving companies that are DoD contractors. (4) Presentation events. 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. (1) An employee has begun seeking employment if the employee has directly or indirectly: (i) Engaged in negotiations for employment with any person. WebPublic service is a public trust, requiring officials and employees to place loyalty to the citizens, the laws, and ethical principles above private gain. The employee may accept and retain travel promotional items, such as frequent flyer miles, received as a result of her official travel, to the extent permitted by 5 U.S.C. The term particular matter encompasses only matters that involve deliberation, decision, or action that is focused upon the interests of specific persons, or a discrete and identifiable class of persons. (b) Offer rejected or not made. (3) In the case of a noncareer employee as defined in 2636.303(a) of this chapter, the general subject matter area, industry, or economic sector primarily affected by the programs and operations of his agency. (2) An employee is no longer seeking employment when: (i) The employee or the prospective employer rejects the possibility of employment and all discussions of possible employment have terminated; or. (jj) The prohibition against embezzlement or conversion of Government money or property (18 U.S.C. In determining whether 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, the agency designee may consider relevant factors including: (i) The importance of the event to the agency; (ii) The nature and sensitivity of any pending matter affecting the interests of the person who extended the invitation and the significance of the employee's role in any such matter; (iv) The identity of other expected participants; (v) Whether acceptance would reasonably create the appearance that the donor is receiving preferential treatment; (vi) Whether the Government is also providing persons with views or interests that differ from those of the donor with access to the Government; and. (a) Notification regarding negotiations for or agreement of future employment or compensation. The administrative officer for a field office of U.S. Immigration and Customs Enforcement (ICE) has signed an order to purchase 50 boxes of photocopy paper from a supplier whose literature advertises that it will give a free briefcase to anyone who purchases 50 or more boxes. Because the subject does not relate to his official duties, the Director may accept compensation for the lecture series. An employee may accept an honorary degree from an institution of higher education, as defined at 20 U.S.C. 2635.605 Waiver or authorization permitting participation while seeking employment. (8) Free attendance to an event provided by the sponsor of the event to: (i) An employee who is assigned to present information on behalf of the agency at the event on any day when the employee is presenting; (ii) An employee whose presence on any day of the event is deemed to be essential by the agency to the presenting employee's participation in the event, provided that the employee is accompanying the presenting employee; and. (b) Considerations for declining otherwise permissible gifts. 1905). (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. When an employee is detailed pursuant to statutory authority to an international organization or to a State or local government for a period in excess of six months, the designated agency ethics official may grant a written exemption from subpart B of this part based on his determination that the entity has adopted written ethical standards covering solicitation and acceptance of gifts which will apply to the employee during the detail and which will be appropriate given the purpose of the detail. If the General Counsel is a public filer, he must comply with the documentation requirements set forth in 2635.607. 552 or otherwise protected from disclosure by statute, Executive order or regulation; (2) Is designated as confidential by an agency; or. This Code complements other 208(a) and section 17 of the STOCK Act, the term negotiations means discussion or communication with another person, or such person's agent or intermediary, mutually conducted with a view toward reaching an agreement regarding possible employment with that person. 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. The term includes office supplies, telephone and other telecommunications equipment and services, the Government mails, automated data processing capabilities, printing and reproduction facilities, Government records, and Government vehicles. The employee is reviewing an application from the same pharmaceutical company, which is seeking FDA approval for a new drug product. 2071). 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 prohibitions set forth in 2635.302(a) and (b) do not apply to a gift given or accepted under the circumstances described in paragraph (a) or (b) of this section. An employee need not file a written disqualification statement unless he is required by part 2634 of this chapter to file written evidence of compliance with an ethics agreement with the Office of Government Ethics or is asked by an agency ethics official or the person responsible for his assignment to file a written disqualification statement. Overview and considerations for declining otherwise permissible gifts. 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. Christmas occurs annually and is not an occasion of personal significance. An employee of the Department of the Treasury who is asked to provide a letter of recommendation for a former subordinate on his staff may provide the recommendation using official stationery and may sign the letter using his official title. 7323(a), employees may not knowingly solicit, accept, or receive a political contribution from any person, except under limited circumstances. A gathering is widely attended if it is expected that a large number of persons will attend, that persons with a diversity of views or interests will be present, for example, if it is open to members from throughout the interested industry or profession or if those in attendance represent a range of persons interested in a given matter, and that there will be an opportunity to exchange ideas and views among invited persons. Although the employee may voluntarily discuss official matters with other attendees, the employee has not been assigned to present information on behalf of the agency. (a) Consideration of appearances by the employee. WebThe following code of ethics, adopted by Congress on July 11, 1958, shall apply to all Food and Drug Administration employees: Code of Ethics for Government Service Any person in Government service should: 1. 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. However, if the invitation were extended to the employee and an accompanying guest, the employee's guest could not be authorized to attend for free because the market value of the gift of free attendance would exceed $480. Gifts given on this basis are not occasional. The Manipur government will introduce a "no work, no pay" rule for its employees who are not attending office without an authorised leave due to different (g) Gifts of free attendance at widely attended gatherings . An employee who must decline a gift of a personal computer pursuant to this subpart may not suggest that the gift be given instead to one of five charitable organizations whose names are provided by the employee. Subsequently, a representative of the university contacts the employee through the online forum to inquire whether the employee would be interested in working for the university, to which he makes a response other than rejection. Except as otherwise provided in this part, an employee shall not use or permit the use of his Government position or title or any authority associated with his public office in a manner that could reasonably be construed to imply that his agency or the Government sanctions or endorses his personal activities or those of another. The notification and recusal statement contain the identity of the prospective employer and an estimated date of when the interview will occur. 2635.403 Prohibited financial interests. 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. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. The employee may not accept free attendance to the event under paragraph (b)(8) of this section. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. A doctor just employed by the Centers for Disease Control has written a paper based on his earlier independent research into cell structures. The term is not limited to discussions of specific terms and conditions of employment in a specific position; (ii) Made an unsolicited communication to any person, or such person's agent or intermediary, regarding possible employment with that person. (3) For purposes of this definition, a response that defers discussions until the foreseeable future does not constitute rejection of an unsolicited employment overture, proposal, or resume nor rejection of a prospective employment possibility. The employee in the previous example also negotiates a possible contract with a publisher to begin writing a textbook after he leaves Government service. 4111. At the conclusion of her speech, the association presents the employee a framed map with a market value of $18 and a ceramic mug that has a market value of $15. A contribution or the solicitation of a contribution that would otherwise violate the prohibitions set forth in 2635.302(a) and (b) may only be made in accordance with paragraph (c) of this section. While a series of peripheral involvements may be insubstantial, the single act of approving or participating in a critical step may be substantial. (i) The prohibition against receiving salary or any contribution to or supplementation of salary as compensation for Government service from a source other than the United States (18 U.S.C. (k) The prohibition against solicitation or receipt of gifts from specified prohibited sources (5 U.S.C. 1001, or from a similar foreign institution of higher education, based on a written determination by an agency ethics official that the timing of the award of the degree would not cause a reasonable person to question the employee's impartiality in a matter affecting the institution. An employee of the General Services Administration is contacted by a prospective employer regarding scheduling an interview for the following week to begin discussing the possibility of future employment.
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