Page images
PDF
EPUB

that could be of embarrassment to the Veterans Administration.

(b) An employee shall not receive any salary or anything of monetary value from a private source as compensation for his or her services to the Government. This does not apply to employees working without compensation. (18 U.S.C. 209)

(c) Employees are encouraged to engage in teaching, lecturing, and writing not prohibited by law, Executive Order 11222, Part 735 of the Civil Service Regulations (5 CFR Part 735), the conduct regulations of this part or other agency policy. An employee shall not, however:

(1) Engage, with or without compensation, in teaching, lecturing or writing, including teaching, lecturing, or writing for the purpose of the special preparation of a person or class of persons for an examination of the Civil Service Commission or of the Board of Examiners for the Foreign Service, that depends on information obtained as a result of his or her Government employment, except when that information has been made available to the general public or will be made available on request, or when the Administrator gives written authorization for the use of nonpublic information on the basis that the use is in the public interest.

(2) If he or she is a Presidential appointee covered by section 401(a) of Executive Order 11222, receive compensation, an honorarium, or anything of monetary value for any consultation, lecture, discussion, writing or appearance, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of his agency, or which draws substantially on official data or ideas which have not become part of the body of public information.

(3) Accept any honorarium of more than $2,000 (excluding amounts accepted for actual travel and subsistence expenses for such person and his or her spouse or an aide to such person, and excluding amounts paid or incurred for any agents' fees or commissions) for any appearance, speech, or article, or honorariums aggregating more than $25,000 in any calendar year. (Pub. L. 94-283 (90 Stat. 475),

Federal Election Campaign Act Amendments of 1976)

(d) Employees are not prevented from:

(1) Receiving reimbursement in accordance with § 0.735-11(f).

(2) Participating in the activities of National or State political parties not proscribed by law.

(3) Participating in the affairs of or accepting an award for a meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational, public service, or civic organization.

(4) Engaging in outside employment permitted under this part.

(5) Taking part as a citizen of his or her community in civic, charitable, religious and other community efforts.

(e) Employees are encouraged to take part in service organization activities that do not conflict with, or give the appearance of conflicting with, Veterans Administration employment. Thus, an employee may hold an office or position at any level, provided that the combination of Veterans Administration position and service organization position cannot be construed as giving advantage to that organization, and if the employee agrees to disqualify himself or herself from taking part in any activities directed at the Veterans Administration, its policies, procedures or programs, or claims for benefits administered by the Veterans Administration. An employee may not act as a service officer preparing and presenting claims against the Government. Each employee is responsible for assuring that his or her intended actions are proper and, when in doubt, shall use the interpretation and advisory service established by § 0.735-4. As used in this paragraph, a service organization is an organization usually composed of ex-servicemen, which presents claims from veterans and their dependents for benefits under laws administered by the Veterans Administration.

(f) An employee who engages in any outside work while on sick leave is required to report that fact to his or her supervisor.

(g) An employee shall not hold membership in any subversive organization

or in a political party which advocates the overthrow of the Government by force or violence.

[31 FR 5828, Apr. 15, 1966, as amended at 33 FR 3173, Feb. 20, 1968; 33 FR 14780, Oct. 3, 1968; 42 FR 2314, Jan. 11, 1977]

§ 0.735-13 Financial interests.

(a) An employee shall not have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his or her Government duties and responsibilities.

(b) An employee shall not engage directly or indirectly, in a financial transaction as a result of, or primarily relying on, information obtained through his or her Government employment.

(c) An employee called upon to participate in his official capacity in any matter in which he, his spouse, minor child, outside business associate, or person with whom he or she is negotiating for employment, has a financial interest, should disqualify himself or herself or make full disclosure of the financial interest to the appointing officer (appropriate personnel officer). The employee should take no further action pending receipt of a written determination that no conflict exists.

(d) This section does not preclude an employee from having a financial interest or engaging in financial transactions to the same extent as a private citizen not employed by the Government so long as it is not prohibited by Executive Order 11222, law, or this part.

[33 FR 3173, Feb. 20, 1968, as amended at 42 FR 2315, Jan. 11, 1977]

§ 0.735-14 Use of Government property.

The governing regulations on the use of Government property are located in the Federal Property Management Regulations (41 CFR Ch. 101). These are implemented in VA Manual MP-2, "Personal Property”. The following restrictions are broadly applicable to employees:

(a) Each employee shall protect and conserve Government property, including equipment, supplies, and other property entrusted or issued to him or her.

(1) An employee shall not wilfully damage or otherwise misuse Federal Government property, including vehicles, equipment, tools and instruments.

(2) An employee shall not deface Federal Government buildings, offices, premises or facilities.

(b) An employee shall not directly or indirectly use, or allow the use of, Government property of any kind, including property leased to the Government, for other than officially approved activities.

(c) An employee shall not place personally owned property in official use without prior approval.

(d) Supervisors and administrative officers are responsible for the proper care, handling and use of Government property under their jurisdiction, and may be held financially liable.

[31 FR 5828, Apr. 15, 1966, as amended at 42 FR 2315, Jan. 11, 1977]

§ 0.735-15 Disclosure or misuse of information.

(a) An employee shall not, except as provided in § 0.735-12(c), directly or indirectly use for the purpose of furthering a private interest, or allow such use of, official information obtained through or in connection with his or her Government employment which has not been made available to the general public.

(b) An employee shall not, except as specifically authorized, disclose any official information which represents a matter of confidence or trust or any other official information of such character that its disclosure or use would be contrary to the best interest of the Government, the Veterans Administration, or the veterans being served by the Veterans Administration.

[31 FR 5828, Apr. 15, 1966, as amended at 42 FR 2315, Jan. 11, 1977]

[blocks in formation]

duced to judgment by a court or imposed by law such as Federal, State, or local taxes, and “in a proper and timely manner" means in a manner which the Veterans Administration determines does not, under the circumstances, reflect adversely on the Government as his or her employer.

(2) First priority will be given to financial obligations imposed by law such as Federal, State, or local taxes, and second to family support judgments.

(3) Indebtedness information will be treated as confidential.

(b) The Veterans Administration will not assume responsibilities which properly belong to private creditors for investigating credit status, settling disputes over bills, and collecting amounts owed.

(c) The Veterans Administration will, after an alleged creditor has made attempts to collect directly from an employee, insist that the employee promptly make and carry out an arrangement with the creditor to pay an indebtedness he admits or which he owes according to a court judgment he is not legally contesting, or promptly make his views known to the alleged creditor if he disputes an indebtedness claim.

[31 FR 5828, Apr. 15, 1966, as amended at 33 FR 3173, Feb. 20, 1968; 42 FR 2315, Jan. 11, 1977]

§ 0.735-17 Gambling, betting, and lotteries.

An employee shall not participate, while on Government-owned or leased property or while on duty for the government, in any gambling activity including the operation of a gambling device; in conducting a lottery or pool; in a game for money or property; in selling or purchasing a numbers slip or ticket; or in promoting betting or acting as an agent for gamblers.

§ 0.735-18 Conduct prejudicial to the Government.

An employee shall not engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct unbecoming a Federal employee or prejudicial to the Government.

8 0.735-19 Relations with firms or persons seeking or doing business with the Veterans Administration.

(a) Full-time employees are generally prohibited from performing service for a contractor or other person engaged in contract or maintenance work or other business with the Veterans Administration. Written exceptions to this provision may be made by the station, department, or staff office head concerned, if in his judgment the performance of such service will not involve a conflict of interest.

(b) All employees, and particularly those responsible for making or recommending awards of Government contracts (or with administering, directing, or passing upon the performance of such contracts), are expected in the conduct of their personal business as well as their official duties to show no favoritism or prejudice to any persons having or seeking business with the Veterans Administration; to avoid giving any reason for suspicion that such favoritism or prejudice exists; and to refrain from any act which might reasonably be expected to embarrass or discredit the Veterans Administration.

§ 0.735-20 Other conduct on the job.

(a) Attendance. (1) Employees are required to be punctual in reporting for duty, and to stay on the job unless excused.

(2) Supervisors are responsible for controlling attendance of their employees, authorizing absences, and dealing promptly with abuses.

(3) Unit timekeepers are responsible for keeping the time and attendance records based on supervisors' authorizations of absence, and for obtaining the employees' initials and the supervisor's signature certifying to the accuracy of the entries on the time and attendance records.

(b) Work attitudes and work behavior. An employee shall live up to common standards of acceptable work behavior. The following are considered improper: Willful idleness or timewasting; inattentiveness to duty, inalertness or sleeping during working hours; careless or negligent workmanship; deliberate failure or unreason

able delay in carrying out instructions; threatening, attempting or inflicting bodily injury to another; fighting or dangerous horseplay; disrespectful conduct; use of insulting, abusive, or obscene language to or about other personnel, patients, or beneficiaries; making false or unfounded statements about other employees which are slanderous or defamatory; deliberate or willful resistance toward or refusal to carry out the proper order of a superi

or.

(c) Avoiding favoritism. In conducting official business, employees must show no favoritism or prejudice to those served by the Veterans Administration, and must disqualify themselves where personal interests might affect their impartiality.

(d) Dealing with the public. Employees should be courteous, considerate, efficient and prompt in serving the general public, veterans and their families.

(e) Relationship with beneficiaries and claimants. Employees are expected to be helpful to beneficiaries, patients and claimants, but:

(1) An employee shall not counsel or advise veterans or their dependents in matters outside his official duties, but will refer them to the appropriate designated officials;

(2) An employee shall not enter into any personal financial transactions, including purchases, sales, or the borrowing or lending of money, with patients or their friends or relatives acting for them;

(3) An employee shall not, except in his regular duties, aid beneficiaries, or claimants in the negotiation of checks or the handling of personal funds, other than by identifying them or witnessing their X signature;

(4) An employee shall not procure intoxicants or drugs for, or attempt to sell intoxicants or drugs to, patients or members, or give or attempt to give intoxicants or drugs to them unless officially prescribed for medicinal use;

(5) An employee shall not abuse patients, members, or other beneficiaries, whether or not provoked.

(f) Borrowing and lending money. (1) An employee shall not, while on duty or while on Federal premises, borrow money from, or lend money to

another employee or other person for monetary profit or other gain, except as part of the operation of a recognized credit union or employee welfare plan.

(2) A supervisor may not loan money to, or request or accept the loan of money from, subordinate employees.

(g) Use of military titles. An employee shall not use his military title or rank in official publications, correspondence, telephone directories, desk name plates, door signs, or the like, unless he is in active status in the military detailed to the Veterans Administration.

[31 FR 5828, Apr. 15, 1966, as amended at 33 FR 3173, Feb. 20, 1968]

8 0.735-21 Standards of conduct in special

areas.

(a) Solicitations and sales. (1) An employee shall not solicit contributions for, or otherwise promote on premises occupied by the Veterans Administration, any national or local welfare or other type of campaign except one endorsed by the Veterans Administration.

(2) An employee shall not sell tickets, stocks, articles, commodities, or services on premises occupied by the Veterans Administration, except for officially acceptable activities of employee organizations, associations or groups.

(b) Theft of personal property on Veterans Administration premises. The theft by employees of the personal property of other employees, or of patients, claimants, or other persons having business with or visiting the Veterans Administration, will be subject to disciplinary action notwithstanding any legal action that may be taken.

(c) Use or sale of intoxicants. (1) An employee shall not use intoxicants in such manner that his work performance is adversely affected or his conduct becomes embarrassing to the Veterans Administration.

(2) An employee shall not report for duty under the influence of intoxicants, or become intoxicated or partake of intoxicants while on duty.

(3) An employee shall not sell or attempt to sell intoxicants on premises

occupied by the Veterans Administration.

(d) Exercise of notary powers. (1) Employees who are notaries public may perform notarial acts on non-Veterans Administration matters where it will not interfere with their regular duties.

(2) An employee who is a notary public shall not charge or receive any compensation for performing any notarial act during his working hours or luncheon period (E.O. 977, Nov. 1908).

(e) Safety. (1) Employees will observe safety instructions, signs, and normal safety practices and precautions, including the use of protective clothing and equipment.

(2) An employee shall report each work-connected injury, accident or disease he suffers.

(f) Furnishing testimony. Employees will furnish information and testify freely and honestly in cases respecting employment and disciplinary matters. Refusal to testify, concealment of material facts, or willfully inaccurate testimony in connection with an investigation or hearing may be ground for disciplinary action. An employee, however, will not be required to give testimony against himself in any matter in which there is indication that he may be or is involved in a violation of law wherein there is a possibility of self-incrimination.

(g) Leave and absence from duty. (1) Employees are expected to use the various kinds of leave and authorized absence in accordance with the purposes for which they were established, and without falsification of reasons for absence.

(2) Employees must obtain from the supervisor for each absence from duty, approval in advance, or in case of emergency or illness, approval as early as practicable, and to the extent possible, at the beginning of their tour of duty but not later than 2 hours thereafter.

(h) Purchase of Veterans Administration property. Employees of the Veterans Administration and members of their immediate families may purchase Government-owned personal property when such property is sold by the General Services Administration or any other Federal agency. In

the cases of manual arts and occupational therapy products, employees may purchase such material when sold by the Veterans Administration.

ans

(i) Use of name and official title or designation. Employees shall not use or lend their name and official title or designation (relationship to the VeterAdministration) in connection with any commercial enterprise or to endorse any commercial product, or in any other way that might appear to the public to be intended to further the business interests of the recipient. Employees may, however, use their official relationship as identification in publications they author, provided the views expressed are not made to appear as those of the agency unless so authorized.

(j) Use of Government Facilities, materials and personnel. Employees may not, except as specifically authorized, use Government facilities, materials and personnel for other than official purposes.

(k) Use of motor vehicle. Employees may not operate a federally-owned motor vehicle or another they are using on Government business, improperly, recklessly, or in violation of traffic regulations; and on Veterans Administration occupied premises, may not so operate any motor vehicle. (1) Civil Service requirements. Employees may not violate the requirements of Civil Service law, rules, regulations, policies and standards administered by or subject to the jurisdiction of the Civil Service Commission (5 CFR 5.4).

(m) Conduct of employees in foreign countries. (1) Veterans Administration employees serving in or traveling on official business in foreign countries must conduct themselves in a manner which does not offend the people of those countries.

(2) Station heads concerned will issue instructions as necessary to explain proper conduct, supplementing as appropriate controlling instructions of the local diplomatic mission of the State Department.

(n) Distributing advertising and unofficial literature. An employee will not distribute literature or advertising matter on premises occupied by the Veterans Administration except when

« PreviousContinue »