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ployee is an employee appointed to serve conferences at which discrimination not more than 130 days during the 365 may be practiced. days following his appointment. Special

§ 1015.735–12 Compensation from outGovernment employees are so designated

side sources for official duties; bribes, by the Personnel Division at the time of

gifts, and favors. their appointment.

(b) Effective date. This part is effec (a) Outside compensation. No emtive upon publication in the FEDERAL

ployee may solicit or accept any comREGISTER, except that the restrictions of pensation from any source other than the § 1015.735-25, insofar as they apply to

Government for his services as an officer "related matters," shall not apply to any

or employee of the Government (18 person whose employment with OEO was

U.S.C. 209). In the case of special Govterminated prior to the date of such pub

ernment employees, and employees servlication. With respect to any provision of

ing without compensation, this prohibithis part which sets forth new OEO tion is applicable by virtue of OEO policy policy, the General Counsel may defer

rather than by statute; in particular the application of such provision in cases, upon a showing that the interests particular cases where he finds it nec

of OEO will not be adversely affected, essary to prevent hardship to employees this policy with respect to special Govor former employees.

ernment employees and employees serv(c) Compliance. Compliance with the ing without compensation may be waived applicable provisions of this part is a

by the General Counsel, continuing condition of employment for (b) Bribes. No employee may solicit or every OEO employee. Failure to comply

accept a bribe (18 U.S.C. 201). A bribe is with any such provision shall make the anything of value solicited or accepted employee involved subject to removal or

in return for being influenced in the to other appropriate disciplinary action.

performance of any official act, or for Such action may be in addition to any

being induced to do or to omit any ofpenalty which might be prescribed by

ficial act, or for or because of any official statute or regulation.

act performed or to be performed.

(c) Gifts and favors. (1) No employee § 1015.735–3 Effect on related provi.

shall solicit or accept, directly or indisions.

rectly, any gift, gratuity, favor, loan, enMany of the provisions of this part are tertainment, or any other thing of paraphrased restatements of statutes monetary value from any person or from which affect the conduct of OEO em any employee of any organization if the ployees. These statutes and all other OEO employee has reason to believe such restrictions imposed by law continue to person or organization: apply to OEO employees on their own (i) Has or is seeking to obtain a grant, terms. The statutes most likely to be of contract, or other business or financial concern to OEO employees are identified relationship with OEO; or and listed in § 1015.735–26.

(ii) Conducts programs or activities 8 1015.735 4 Interpretation and coun.

which are regulated by OEO; or seling.

(iii) Has interests which may be sub

stantially affected by the performance The Office of General Counsel of OEO

or nonperformance of his official duty. is available to advise on the interpreta

(2) This paragraph does not prohibit: tion of the provisions of this part and the other laws and regulations relevant to the

(1) Acceptance of gifts and the ex

change of social amenities when the reconduct of OEO employees. The General Counsel is designated as OEO counselor

lationship between the parties is a perfor this purpose.

sonal one and no reasonable inference

is possible that the official judgment of Subpart B-Specific Rules the recipient was intended to be or would

be influenced thereby. $ 1015.735–11 Discrimination.

(ii) Acceptance of food and refresh(a) Employees shall at all times give ments of nominal value in the ordinary equal treatment and equal opportunity course of a luncheon or dinner meeting to all persons regardless of race, religion, or other meeting when the employee's sex, or political beliefs or affiliations, ex attendance at the meeting is in the incept as is required by law.

terest of OEO. (b) See also the provisions of g 1015. (iii) Acceptance of things, such as un735–15(b), relating to participation in solicited advertising or promotional ma

terial, which are of nominal value and indirectly, disclose or use for his own are available to the public on an imper- benefit, or for the private benefit of sonal basis.

another, inside information as described (iv) Participation in the affairs of, or in paragraph (b) of this section. The use acceptance of an award for a meritorious of such information by an employee is public contribution or achievement given restricted to the proper performance of by, a charitable, religious, professional, his official duties. The disclosure of such social, fraternal or nonprofit educational, information is restricted to official OEO recreational, public service or civic channels unless disclosure is authorized organization.

by the Director, the Deputy Director, an (v) Acceptance of loans from banks Assistant Director, or a Regional Direcor other financial institutions on custom- tor of OEO. In particular, no employee ary terms to finance proper and usual shall: activities of employees, such as home (1) Engage in, directly or indirectly, a mortgage loans.

financial transaction as a result of or pri(3) No employee may solicit a contri- marily relying on such information; or bution from another employee for a gift (2) Publish any book or article, or to an official superior, make a donation deliver any speech or lecture, based on as a gift to an official superior, or accept or using such information. a gift from an employee receiving less (b) Definition. The term "inside in. pay than himself (5 U.S.C. 7351). This formation" as used in this section means, restriction, however, is not applicable to generally, information obtained under voluntary gifts of nominal value or dona- Government authority which is not tions in nominal amounts made on spe- known by the general public and which cial occasions such as marriage, illness, could affect the rights or interests of the or retirements, or to the exchange of Government or of a non-Government orsocial amenities between personal ganization or person. Such information friends.

includes information about OEO opera§ 1015.735–13 Misuse of relationship

tions or administration, and personal inwith OEO,

formation about OEO personnel which

could influence someone's dealings with (a) Commercial exploitation generally. CEO. No employee shall permit his relation- (c) This section is not intended to disship with OEO to be exploited for com- courage the disclosure through proper mercial purposes.

channels of information which has been (b) Publications and products. If an or should be made public, or which is by employee, other than a special Govern- law to be made available to the public. ment employee, is associated outside the Also, employees are encouraged to teach, scope of his OEO employment with a lecture, and write, provided they do so publication or product which might be in accordance with the provisions of this sold commercially for use in programs section and $ 1015.735–15. supported financially by OEO, his relationship with OEO may not be used in

$ 1015.735-15 Speeches; participation connection with the publication or prod

in conferences; publications. uct without the addition of a statement (a) Fees and expenses. (1) No emdisclaiming any official OEO endorse- ployee may accept a fee for his own use ment of it.

or benefit for making a speech, deliver(c) Publications and products-special ing a lecture, participating in a discusGovernment employees. A special Gov- sion, or writing an article or book, etc., ernment employee (as defined in if the subject is OEO or OEO programs, § 1015.735-2(a)) may not allow his rela- or if such services are part of the emtionship with OEO to be used in connec- ployee's official OEO duties. tion with any publication or product

(2) Fees offered to an employee for with which he is privately associated

such speeches, articles, etc., shall be reand which might be sold commercially

fused. The employee may suggest that for use in programs supported finan

the amount otherwise payable as a fee or

honorarium be contributed to the Office cially by OEO.

of Economic Opportunity or one of its & 1015.735–14 Disclosure and misuse of grantees, or to some other charity, but inside information.

the employee may not suggest the pare (a) Disclosure and use for personal ticular grantee or charity to which & benefit. No employee shall, directly or donation might be made.

on

(3) When a meeting, discussion, etc., section only while in active duty status takes place at a substantial distance and for the 24 hours of any day of actual from the employee's home he may accept employment. payment for transportation and neces- (c) Excepted activities. Paragraph (a) sary subsistence but for no other expense of this section does not apply to: or as a personal benefit. He may not (1) Nonpartisan campaigns and elecaccept such payments, however, if he is tions in which none of the candidates traveling official business under is to be nominated by or elected as repreagency orders.

senting a national or State political (4) An employee may accept fees for party, such as most school board elecspeeches, articles, etc., dealing with sub- tions; or jects other than OEO or OEO programs (2) Political activities connected with unless such activities interfere with the questions of public interest which are efficient performance of his OEO duties. not specifically identified with national

(b) Racial segregation. No employee or State political parties, such as constimay participate for OEO in conferences tutional amendments, referenda, and the or speak for OEO before audiences where like (5 U.S.C. 7326). any racial group has been segregated or (d) Excepted communities. Paragraph excluded from the meeting, from any of (a) of this section does not apply to emthe facilities or conferences, or from ployees who are residents of certain com. membership in the organization sponsor- munities. These communities, which ing the conference or meeting.

have been designated by the Civil Service (1) When a request for OEO speakers Commission (5 CFR 733.301), consist of or participation is received under cir- a number of communities in suburban cumstances where segregation may be Washington, D.C., and a few communipracticed, the Director of the Speakers ties elsewhere in which a majority of the Bureau shall make specific inquiry as to voters are Government employees. Emthe practices of the organization before ployees who are residents of the desigthe request is filled.

nated communities may be candidates (2) If the inviting organization shows for, or campaign for others who are a willingness to modify its practices for candidates for, local office if they or the the occasion, OEO will cooperate in such candidates for whom they are campaignefforts.

ing are running as independent candi(3) Exceptions to this paragraph may dates. An employee may hold local office be made only by the Director.

only in accordance with $ 1015.735-17, (c) Political groups. No employee, ex- relating to outside employment. cept a Presidential appointee, may ad

§ 1015.735–17 Outside employment. dress a meeting of a partisan political organization about OEO or OEO pro

(a) Reporting. All employees not regrams.

quired by $ 1015.735-31(j) to report their (d) Other restrictions. See also outside employment and financial inter§ 1015.735-14(a) (2), relating to the use

ests shall inform their supervisors of all of inside information; § 1015.735-12(a), outside employment they hold or accept, relating to outside compensation for OEO

(b) Restrictions. An employee should duties, and $ 1015.735–12(c), relating to

not accept outside employment which acceptance of entertainment.

would (1) interfere with the proper and

efficient performance of his OEO duties, § 1015.735–16 Partisan political activ- (2) create a conflict of interests with his ity.

OEO employment or violate any other (a) Prohibited activities. No employee law or regulation, or (3) involve renmay:

dering services which the employee (1) Use his official authority or in- should render to OEO. If the circumfluence for the purpose of interfering stances indicate that the outside job may with an election or affecting the result produce one of these situations, the emthereof; or

ployee should consult his supervisor, the (2) Take any active part in partisan Director of Personnel, or the General political management or in political Counsel before accepting it. The followcampaigns, except as may be provided ing paragraphs set out specific proviby or pursuant to statute (5 U.S.C. 7324), sions relating to particular kinds of out

(b) Intermittent employees. Persons side employment. employed on an irregular or occasional (c) Employment with OEO grantee basis are subject to paragraph (a) of this and contractor organizations. (1) No

OEO employee may be employed as an the same day. See also $ 1015.735-12(a), executive officer of any grantee or dele prohibiting compensation from non-Govgate agency (other than a religious or ernment sources for Government work. ganization) assisted under sections 204 (e) Dual Federal and State office holdor 205 of the Economic Opportunity ing. (1) A full-time employee may hold Act, as amended (P.L. 88-452, as a position in a state or local government amended, § 205(j), 42 U.S.C. 2785(j)). on other than a full-time basis, and a "Executive officer" means a member of part-time or intermittent employee may the supervisory staff who reports directly hold a position in a State or local govto the agency's governing board or to the ernment whether that position is fullstaff director. Employment in a less time or not: Provided, That the emsenior position, and employment as a ployee's supervisor determines in adteacher or consultant, is not prohibited vance that the holding of the State or if consistent with the other provisions of local office will not interfere with the this part. "Religious organization" means regular, proper, and efficient discharge churches and nonprofit organizations of his OEO duties. which are formed to propagate religion, (2) An employee may hold a full-time support religious services, or hold and position in a state or local government administer property for religious use or while on leave without pay. OEO shall for educational or community services be the sole judge of whether it is in its which include religious instruction or interest to grant leave without pay for propagation as an essential element.

this purpose. (2) A special Government employee (3) An employee of State or local gov(as defined in § 1015.735-2(a)) may serve ernment who is on leave without pay as executive officer of a grantee or dele may be appointed to a full-time position gate agency if he has not served OEO for in OEO on a temporary basis. more than 60 days during the immedi (4) This paragraph does not apply ately preceding period of 365 days. How to Presidential appointees. Such persons ever, he may not in any event perform may not hold an office in a State or local any service as an executive officer of a government during their appointment to grantee or delegate agency during any OEO. part of any day on which he serves as an (f) Activities and compensation in OEO employee.

matters involving the Government. (1) (d) Compensation from other Federal No employee, otherwise than in proper or District of Columbia agencies. (1) A discharge of his official duties, may act full-time employee may not accept com as agent or attorney for anyone in a pensation from any other agency of the claim against the Government or in conFederal or District of Columbia govern nection with a particular matter pendments unless (1) it is overtime compen ing before any agency, court, or officer sation, (ii) he is on leave without pay of the Government in which the Governfrom OEO, or (iii) it consists of fees paid ment is a party or has a direct and subon other than a time basis (5 U.S.C. stantial interest (18 U.S.C. 205). There5533). A "full-time nployee" is one who fore, an employee may not participate in is appointed, on either a permanent or negotiations or informal discussions with temporary basis, to work a regular tour any Government agency on behalf of of duty of 40 hours per week.

private persons or organizations; nor (2) All other employees may receive may he write letters to Government ofcompensation from other part-time jobs ficials on their behalf. with the Federal or District of Columbia (2) No employee may, otherwise than governments for up to a combined total as provided by law for the proper disof 40 hours per week, exclusive of over charge of his official duties, directly or time.

indirectly receive, agree to receive, or (3) Subparagraphs (1) and (2) of this solicit any compensation for services paragraph do not apply to experts or rendered or to be rendered either by consultants compensated by OEO on a himself or another in relation to any when-actually-employed basis who hold claim against the Government, or to a other expert or consultant positions in proceeding or other particular matter the Federal or District of Columbia gov before any agency, court, or office of the ernment compensated on the same basis. Government in which the United States

(4) No employee may receive compen is a party or has a direct and substantial sation from two Federal or District of interest (18 U.S.C. 203). Therefore, an Columbia agencies for the same hours of employee may help private persons or

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organizations prepare grant applications, whether directly or indirectly (such as
program reports, and other material through ownership of securities).
which is designed to become the subject (b) Financial interest of employers,
of dealings between the non-Govern prospective employers, and organizations
ment organization and a Government which the employee serves. No employee
agency only if he receives no compensa may participate personally as an OEO
tion for such services and if he does not employee in any matter in which, to
violate subparagraph (1) of this his knowledge, (1) an organization which
paragraph.

he is serving as an officer, director,
(3) In the case of a special Govern trustee, or employee, whether for com-
ment employee (as defined in § 1015.735– pensation or not, or (2) an organization
2(a)), the restrictions of this paragraph with which he is negotiating for, or has
apply only to activities in connection any arrangement concerning, future em-
with matters pending before OEO and ployment, has a financial interest. An em-
other matters in which the employee has ployee may negotiate for prospective
participated personally as an employee employment with a non-Government
through decision, approval, disapproval, organization only when he has no duties
recommendation, the rendering of advice, as an OEO employee which could affect
investigation, or otherwise. Furthermore, that organization's interest, or after he
special Government employees who are has disqualified himself, on the written
not employed on a full-time basis are permission of his supervisor, from such
not subject to the restriction against duties.
working on matters pending before OEO (c) General exemptions—(1) Small
until they have worked 60 working days stock holdings. Ownership by an em-
for OEO within the past year. However, ployee, or his spouse, minor child, or
full-time special Government employees partner of stock or other securities of
are required by OEO policy to observe organization having a financial
this restriction from the first day of interest in a matter before OEO is
their appointment.

exempt from paragraph (a) of this sec(4) This section does not prohibit an tion if (i) the interest in that organiemployee:

zation amounts to less than $5,000 in (i) From acting without compensation market value and less than 1 percent as agency or attorney for any person of that organization's outstanding stock who is the subject of disciplinary, loyalty, or other securities, and (ii) the employee, or other personnel administration pro his spouse and minor children are not ceedings in connection with those active in the management and have no proceedings, as long as so acting is not other connection with or interest in that inconsistent with the performance of organization. Such an interest is hereby his duties; or

determined pursuant to 18 U.S.C. (ii) From acting, with or without 208(b)(2) to be too inconsequential to compensation, as agent or attorney for affect the integrity of the employee's his parents, spouse, child, or for any services. person or estate he is serving in a fidu (2) Indirect stock holdings. Ownerciary capacity, except in those matters ship by an employee, or his spouse, or in which he has participated personally minor children of certain indirect finanfor the Government or which are the cial interests in matters before OEO are subject of his official responsibility; or exempt from paragraph (a) of this sec

(iii) From giving testimony under tion. These interests are shares in puboath or from making statements required licly held mutual funds, banks, investto be made under penalty for perjury or ment and insurance companies, and contempt (18 U.S.C. 205).

similar organizations, which in turn own § 1015.735–18 Disqualifications arising

an interest in an organization involved

in a matter before OEO. Such an interest from private financial interests and from holding office in outside orga

is hereby determined pursuant to 18 nizations.

U.S.C. 208(b) (2) to be too remote to

affect the integrity of the employee's (a) Financial interests of employee, services. family members, and partners. No em (3) Remote employment. Employment ployee may participate personally as an of an OEO employee with an agency of OEO employee in any matter in which, a State or local government is exempt to his knowledge, he, his spouse, minor from paragraph (b) of this section with child, or partner has a financial interest, respect to other agencies of that State

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