« PreviousContinue »
or local government which are clearly distinguishable and remote from the agency which he is serving. His interest in matters involving such other agencies is hereby determined pursuant to 18 U.S.C. 208(b) (2) to be too remote to affect the integrity of the employee's services. For instance, employment as a teacher at a State university will not constitute employment with that State with respect to dealings with the State welfare department. However, for the purpose of this exemption, the effect of employment with a particular State agency must be determined by the Office of General Counsel on the facts of each particular case.
(d) Application for specific exemptions. (1) Specific exemptions may be obtained to permit an employee to participate in a particular matter in which his financial interest is insubstantial, and to permit an employee to participate in any matters which may arise concerning particular private organizations in which his interest is insubstantial.
(2) An employee may obtain specific exemptions by written application through his supervisor to the General Counsel. The application should describe the employee's OEO duties, his relevant financial interest or outside association, why it is insubstantial, and the particular matter involved.
(3) Exemptions granted shall be communicated in writing, a copy of which shall be included in the employee's official personnel folder.
(e) Interest prior to OEO employment. No employee may advise, recommend, or otherwise participate in the decision with which OEO concludes its consideration of a grant or contract application which the employee, prior to his OEO appointment, helped to develop. It is not improper, however, for the employee to contribute his special knowledge to the OEO officers making that decision.
(f) Indirect personal interest. No employee may participate in any decision by OEO which might affect or appear to affect favorably his career or professional reputation through the use by OEO of publications, systems, programs, etc., prepared by him outside the course of, or prior to, his OEO employment. § 1015.735–19 Service on boards of OEO
grantees. No employee may serve as a member of the board of directors of any grantee or delegate agency (other than a religious
organization) under section 204 or 205 of the Economic Opportunity Act, as amended. Service on the board of a religious organization as defined in $ 1015.735–17(c) (1) is not prohibited. A special Government employee (as defined in § 1015.735-2(a)) may serve as a board member if he has not served OEO for more than 60 days during the immediately preceding period of 365 days, but he may not in any event perform any service as such a board member during any part of any day on which he serves as an OEO employee. See also § 1015.735–17(c) in relation to employment with grantee and delegate agencies. § 1015.735–20 Employee indebtedness.
OEO considers the indebtedness of its employees to be a matter of their own concern. OEO will not be placed in the position of acting as a collection agency or of determining the validity or amount of debts. Nevertheless, employees shall pay each just financial obligation in a proper and timely manner, especially one imposed by law such as Federal, State, or local taxes. For the purpose of this section, a "just financial obligation" means one acknowledged by the employee or reduced to judgment by a court. "In a proper and timely manner" means in à manner which the agency determines does not, under the circumstances, reflect upon the Government
as his employer. 8 1015.735-21 Misuse of Government
property. No employee may use or allow the use of Federal property for other than official activities. Each employee is responsible for protecting and conserving Federal property, including equipment and supplies. § 1015.735-22 Gambling, betting, and
lotteries. No employee shall participate, on premises owned or leased by the Government, or anywhere else while on duty, in the operating of gambling devices, in conducting an organized lottery or pool, in games for money or property, or in selling or purchasing numbers tickets. § 1015.735–23 False statements.
No employee shall knowingly falsify or conceal a material fact, or make any false statement or representation, or use a document he knows to be false, in connection with any official Government matter (18 U.S.C. 1001).
$ 1015.735–24 Conduct prejudicial to approve, or otherwise direct Government the Government.
action. This prohibition lasts for 1 year No employee shall engage in criminal, after the termination of the employee's infamous, dishonest, immoral, or notori
responsibility for such matters. In adously disgraceful conduct or other con
dition to this statutory restriction, no duct prejudicial to the Government.
former employee shall appear personally
before the Government, for a period of 9 & 1015.735–25 Former employees. months after the termination of his OBO
(a) Notification of employment with employment, in connection with a matter contractors or grantees. In order to pre
which is related to a particular matter vent conflicts of interests, a former OEO
for which he was officially responsible employee should notify the General during the last year of his OEO emCounsel if, within 1 year after he leaves ployment. OEO, he accepts employment with an (d) Exemption for specialists. A forOEO contractor, grantee, or delegate mer employee who has outstanding sciagency. He will be advised promptly entific or technological qualifications whether and how the services he may may represent another in a matter within render to his new employer are restricted
the area of his scientific or technological by the provisions of the following two
xpertise, if the Director has certified in paragraphs.
writing published in the FEDERAL REGIS(b) Representing private organiza
TER that such representation is in the nations. No former employee shall act as tional interest. Application for such an agent or attorney before the Govern- exemption shall be made in writing to ment for anyone other than the Govern- the General Counsel. ment in connection with a particular
(e) Additional rules. Former emmatter in which he participated person
ployees should continue to observe the ally as an OEO employee (18 U.S.C. provisions of $ 1015.735–14, relating to 207(a)). In addition to this statutory re
the disclosure and misuse of inside instriction, no former employee shall act formation about OEO which they acas agent or attorney before the Govern- quired while they were employees. Also ment, for a period of 9 months after the some of the statutes listed in $ 1015.735termination of his OEO employment, in 26 are applicable to all persons. For inconnection with any particular matter stance, 18 U.S.C., sections 594 and 600, which is related to a matter in which he relating to certain political activities, 18 participated personally as an OEO em- U.S.C., section 508, relating to falsificaployee during the last 9 months of his tion of Government transportation reOEO employment. For the purposes of
quests, and 18 U.S.C., section 641, relatthis paragraph and of paragraph (c) of
ing to the mishandling of public money, this section, a matter shall be deemed to apply to everyone, not just to persons be related to another matter if it can be presently employed by the Government. identified as growing out of the other
$ 1015.735–26 Statutory provisions. matter. For example, a grant for a particular activity for a year would normally
The statutes, and their United States be considered to be a matter related to a
Code citations, most important to emgrant for the same activity for the prior
ployees and former employees are:
(a) The laws on bribery, graft, and year. (c) Personal appearance as represent
conflicts of interests, 18 U.S.C. 201-224. ative of private organizations. No former
(b) Prohibited political activities, 5
U.S.C. 7324-7327. employee shall appear personally before any officer or agency of the Government
(c) Other laws on elections and politin connection with a particular matter
ical activities, 18 U.S.C. 591-612. which was within his official responsi
(d) Prohibition against dual pay, 5
U.S.C. 5533. bility during the last year of his OEO employment (18 U.S.C. 207(b)). The pro
(e) Gifts from other employees, 5 hibited personal appearances include
U.S.C. 7351. oral discussions, both face-to-face and by
(f) Failure to make returns or retelephone, but do not include writing
ports, 18 U.S.C. 2075. letters or sending telegrams. "Official re
(g) Lobbying with appropriated funds, sponsibility,” as defined in 18 U.S.C.
18 U.S.C. 1913. 202(a), means intermediate or final au- (h) Disloyalty and striking against thority, exercisable either personally or the Government, 5 U.S.C. 7311 and 18 through subordinates, to approve, dis- U.S.C. 1918.
(1) Employment of a member of a civic, or political organization which is Communist organization, 50 U.S.C. 784. not conducted as a business enterprise,
(j) (i) Disclosure of classified infor- unless such organization does research matior., 18 U.S.C. 798, 50 U.S.C. 783; and and development or related work in(ii) disclosure of confidential informa- volving grants from or contracts with tion, 18 U.S.C. 1905.
the Government, or unless such organi(k) Habitual use of intoxicants to ex- zation has or is likely to have a contract cess, 5 U.S.C. 7352.
with or grant from OEO. (1) Misuse of a Government vehicle, (c) Interests known to others. If any 31 U.S.C. 638a (c).
information required to be reported is (m) Misuse of the franking privilege, not known to the employee but is known 18 U.S.C. 1719.
to another person, the employee shall re(n) Use of deceit in an examination quest that person to submit the informaor personnel action in connection with tion in his behalf. Government employment, 18 U.S.C. 1917. (d) Interests of family. The interest
(0) Fraud or false statements in a of a spouse, minor child, or other resiGovernment matter, 18 U.S.C. 1001. dent of the employee's household who is
(p) Mutilating or destroying a public related to him by blood is considered to record, 18 U.S.C. 2071.
be an interest of the employee. (g) Counterfeiting and forging trans- (e) When reports are due. Each emportation requests, 18 U.S.C. 508.
ployee required to make a report who is (r) (i) Embezzlement of Government employed by OEO when this part is pubmoney or property, 18 U.S.C. 641; (ii) lished in the FEDERAL REGISTER shall subfalling to account for public money, 18 mit the report within ninety days after U.S.C. 643; and (iii) embezzlement of the that publication date. Each employee remoney or property of another person in quired to make a report who is to be apthe possession of an employee by reason pointed to OEO after the date of publiof his employment, 18 U.S.C. 654.
cation of this part must submit the (s) Unauthorized use of documents report before entering on duty, provided relating to claims from or by the Gov- that the Personnel Director may extend ernment, 18 U.S.C. 285.
this deadline, for employees other than (t) Acting as the agent of a foreign special Government employees, to a date principal registered under the Foreign not more than 30 days after entrance Agents Registration Act, 18 U.S.C. 219. on duty.
(u) Accepting gifts, presents, or dec- (f) Supplemental reports. A suppleorations from foreign governments ex- mental report shall be filed by each percept as authorized by 5 U.S.C. 7342, U.S. son who is an employee of OEO on June Constitution, art. I, sec. 9.
30 of any year, showing the required in(V) House Concurrent Resolution 175, formation as of that date. This report 85th Cong., 2d session, 25 Stat. B12, the shall be filed not later than July 31. Not“Code of Ethics for Government Service." withstanding the filing of the annual
supplemental report, each employee shall Subpart C-Reports; Distribution;
at all times avoid acquiring a financial Supplemental Regulations interest that could result, or taking an $ 1015.735-31 Reports of non-OEO in
action that would result, in a violation terests.
of the conflicts-of-interest provisions of
18 U.S.C. 208 or this part. In addition, (a) Reports required. The employees
each special Government employee (as designated in paragraph (j) of this sec
defined in $ 1015.735-2(a)) shall keep his tion are required to report to OEO their
report current, so long as he is employed non-OEO employment, certain financial
by OEO, through the submission of supand property interests, and the names of
plemental statements. certain of their creditors. The substance
(g) Review. The Personnel Director of these reports shall be as required by
shall designate a senior personnel officer forms which are available from the Per
who shall review the reports and shall sonnel Division. These reports shall be
report any conflict of interest, real or submitted to the Personnel Division. apparent, to the General Counsel who
(b) Nonreportable interests. Employ- shall recommend such remedial action ees are not required to report a connec- as may be necessary. Remedial action tion with or interest in a professional may include but is not limited to (1) society or a charitable, religious, social, changes in assigned duties, (2) divestfraternal, recreational, public service, ment by the employee of his conflicting
interest, or (3) disqualification from a Corps; Director of Financial Manageparticular assignment. The employee ment. concerned shall be given the opportunity (iif) In VISTA headquarters: Directo explain any conflict of interest, real tor, VISTA; Deputy Director, VISTA; or apparent. All remedial action shall Associate Directors, VISTA. be taken in accordance with applicable (iv) In the Office for Management: laws, orders and regulations. Unresolved Assistant Director for Management; conflicts shall be reported to the Director. Deputy Assistant Director for Manage
(h) Confidentiality of reports. All in ment; contracting officers. formation contained in these reports is (V) In the Office of Research, Plans, confidential. The officer designated under Programs, and Evaluation: Director; paragraph (g) of this section shall main Deputy Director. tain the reports in confidence and shall (vi) In the Office of Public Affairs: allow access to other OEO officials, or Assistant Director for Public Affairs; disclose information to them, only to the Public Information Officer (Administraextent necessary to carry out the pur tive). pose of this part. No information from (vii) In the Office for Health Affairs: these reports shall be disclosed to per Director; Deputy Director; Executive sons outside OEO except, upon good Officer. cause shown, by order of the Civil Service (viii) In the Information Center: DiCommission or the Director. Upon termi rector; Deputy Director. nation of the employment in OEO of any (ix) In the Office of General Counsel: person required to submit a report, such General Counsel; Deputy General Counreports shall be disposed of in accordance sel; Assistant General Counsel for with the appropriate disposal schedule VISTA; Procurement Attorney. prescribed by the Civil Service (x) In each OEO Regional Office: ReCommission.
gional Director; Deputy Regional Direc(1) Effect on other provisions. Reports tor; CAP Regional Administrator; Job of non-OEO interests are additions to, Corps Regional Administrator; VISTA not substitutes for, or derogations of, Regional Administrator; Chief, Manageany similar requirement imposed by law, ment Division; administrative contractorder, or regulations. The making of a ing officers. report by an employee does not permit (3) All special Government employees him or any other person to participate in (as defined in g 1015.735-2(a)). Such a matter in which his or the other per employees shall report their outside emson's participation is prohibited by law, ployment and such financial interests as order, or regulation.
the Director of Personnel deems relevant (j) who must file reports. The em in the light of the duties to be performed. ployees listed below are required to file In the case of temporary summer emreports of non-OEO Interests under this ployees hired at GS-9 and below to persection. Any employee who believes that form duties other than those of an expert his position has been improperly included or consultant, the reporting requirement in this list may secure a review of such will be waived. It may also be waived by inclusion through the regular OEO griev the Director with respect to other apance procedures.
pointments, except as experts or consul(1) All employees, except the Director, tants, upon a finding that the duties of In positions paid at a level of the Exec the position held by the special Governutive Schedule.
ment employee are of a nature and at (2) Occupants of the following posi such a level of responsibility that the retions, if classified at GS-13 or above: porting of employment and financial (i) In CAP headquarters: Director,
interests is not necessary to protect the Community Action Program; Deputy
integrity of the Government. Director, Community Action Program; $ 1015.735–32 Distribution. Director, Office of Special Field Pro
(a) Distribution of this part: The Pergrams; Director, Project Upward Bound; Deputy Director, Project Upward Bound;
sonnel Director shall issue copies of this Director, Office of Program Planning; D1
part and all revisions thereof to all emrector, Office of Training and Technical
ployees (1) Immediately after its publiAssistance; Director, CAP Office of cation in the FEDERAL REGISTER, and (2) Health Affairs.
at the time of a new employee's appoint(ii) In Job Corps headquarters: Direc ment if he is appointed after this part tor, Job Corps; Deputy Director, Job is published.
(b) Distribution of related material: The Personnel Director shall also issue to each new employee at the time of his appointment copies of all OEO instructions and notices relevant to employee conduct, and any additional material specified by the General Counsel.
(c) The General Counsel shall, at least semiannually, bring this part to the attention of all employees. & 1015.735–33 Supplemental regula
tions. The Assistant Directors for Job Corps, CAP, and VISTA and the heads of offices not included in these three divisions may issue, subject to the approval of the General Counsel, supplemental and implementing regulations not inconsistent with this part.
PART 1030—COMMUNITY ACTION
PROGRAMS Sec. 1030.5 Access to public information and
hearing requirements. 1030.10 Regulations governing requirement
of increase in non-Federal share. 1030.15 Criteria for waiving requirement
that prior level of expenditures or
contributions be increased. § 1030.5 Access to public information
and hearing requirements. (a) Definitions. As used in the regulations in this section:
(1) The term "community action agency” means a public or private agency which is the recipient of aid under section 204 or section 205, or both of the Economic Opportunity Act, and which has been recognized by the Office of Economic Opportunity as an agency which is broadly based, is organized on a communitywide basis, and intends to coordinate a variety of antiproverty actions.
(2) The term "delegate agency" means a public or private agency to which the development, conduct, or administration of part or all of a project assisted under Title II-A or Title III-B of the Economic Opportunity Act has been delegated by a direct recipient of the assistance.
(3) The term “applicant agency" means an agency which has filed an application with the Office of Economic Opportunity for direct assistance under Title II-A or Title III-B of the Economic Opportunity Act, or an agency which has given notice of a public hearing in antic
ipation of the submission of an application under section 204 or section 205 of the Economic Opportunity Act pursuant to paragraph (c) of this section.
(b) Access to public information-(1) Requirements for inspection and examination. (i) Every community action agency and every applicant agency which currently seeks recognition by the Office of Economic Opportunity as a community action agency, shall make available to any person for inspection and examination all of those documents described in subparagraph (2) of this paragraph.
(ii) Any recipient of direct assistance under Title II-A or Title III-B of the Economic Opportunity Act which is not a community action agency, and any delegate agency shall make available to any person for inspection and examination those documents described in subparagraphs (2) (i) to (viii) of this paragraph. In addition, any such agency shall make available the records described in subparagraph (2) (ix) relating to employees whose salaries are included in budgets which are assisted by the Office of Economic Opportunity.
(iii) Any applicant agency which does not seek recognition as a community action agency shall make available for inspection and examination those documents described in subparagraphs (2) (i) to (2) (iv) of this paragraph.
(2) Classes of public information. The following are the books and records and other classes of public information which an agency shall make available for public inspection and examination to the extent required by subparagraph (1) of this paragraph.
(1) Copies of any application submitted by the agency and currently pending with the Office of Economic Opportunity for assistance under the Economic Opportunity Act.
(ii) Copies of the minutes of all public hearings held pursuant to paragraph (c) of this section, and copies of all written statements and affidavits filed with the agency pursuant to paragraph (c) (5) of this section.
(iii) Copies of any proposal received by the agency, and currently pending before it, for inclusion of a project in an application to be submitted to the Office of Economic Opportunity.
(iv) Copies of any proposal approved by the Agency for inclusion in an application for assistance under the Economic Opportunity Act, but not yet sub