SECTION 1. CONDUCT AND ACTIVITIES OF EMPLOYEES
4. [Prohibited Activities]
Membership or Participation
Employees may not act as parole or probation officers. [They may serve as officers of law enforcement organizations only when to do so would in no way affect the conduct of official duties or present a situation wherein a conflict of interest or a lessening of Bureau efficiency would result. Should such occur the situation must be resolved in favor of terminating the officership. In all cases prior Bureau ap- proval must be requested, accompanied by SAC analysis and recommenda- tions. It is permissible to serve on a committee of a law enforcement organization.
The Bureau is exempted from Federal Labor-Management Relations programs and requirements by Executive Order 11491 and will not recognize, or negotiate with, labor organizations. Labor organizations are defined as those which exist, in whole or in part, for the purpose of dealing with agencies concerning grievances, personnel policies and practices, or other matters affecting the working conditions of their employees. Bureau employees are prohibited from engaging in labor activities such but not limited to, strikes, picketing, organizing and campaigning. "Additionally, they must not use government time or property for such purposes nor permit the use of same by others.]
Specific prior Bureau authority is necessary in order for an employee to serve as an officer of a civic or other type of organization. It must also be obtained for participation as a judge, sponsor or speaker in any public contest, debate, forum or similar gathering in which the theme of the meeting involves a controversial topic.
Prior Bureau authority must be obtained before any FBI employee agrees to serve on a promotional or selection board for a local or state law enforcement agency. The SAC's analysis and recommendations should accompany any such request.
No employee shall serve as range master or as a range officer at a com- petitive firearms match unless the match is part of a training program in which the FBI is officially participating and the instructor's assignment in the match has been specifically approved by the Bureau in advance.
In addition, prior Bureau approval is needed for an employee to attend, serve as an instructor, or assist in conducting seminars, classes, or similar gatherings where his FBI affiliation is known with the exception of attendance as a student at a college, law school, school of accounting or other recognized institution of learning. This rule applies to all nonduty time, including leave, and in any case in which a question arises as to the desirability of such participation. Employees are forbidden to visit trials, hearings or court sessions in any court out of personal. curiosity.
SECTION 1. CONDUCT AND ACTIVITIES OF EMPLOYEES
Employees may not accept rewards or gratuities resulting from their FBI employment nor shall they accept fees from an outside source on account of public appearances, speeches, lectures, or publications, if such public appearance or the preparation of the speech, lecture, or publication was part of an employee's official duties. Also, no employee shall receive compensation or anything of monetary value for any consultation, lecture, teaching, discussion, writing, or appearance the subject matter of which is devoted substantially to the responsibilities, programs or operations of the Department, or which draws substantially on official data or ideas which have not become part of the body of public information. Further, in this regard, no employee shall engage, with or without compensation, in teaching, lecturing, or writing that is dependent on information obtained as a result of his Government 'employment except when that information has been made available to the general public or when the Attorney General gives written authorization for the use of nonpublic information on the basis that such use is in the public interest (see also Item c below).
Bureau officials or other employees who speak or otherwise represent the FBI at conferences, training sessions, banquets, meetings and similar affairs given by outside groups are in official duty status when making such appearances and are entitled to claim payment through the Bureau for travel, subsistence, or other reimbursable expenses incurred. Any payments offered by sponsoring groups to such officials or employees as reimbursement for such expenses should be declined (see also Item c below).
SECTION 1. CONDUCT AND ACTIVITIES OF EMPLOYEES
Employees should not solicit contributions from other employees for gifts to official superiors nor may an official superior accept gifts from other employees.
Monetary Matters and Financial Dealings
An employee who is an official superior may not borrow money from or give or receive endorsements of promissory notes of other employees working under him or of lesser rank.
All employees must meet their financial obligations and, in addition, are expected to abide by the laws of the U. S. and of the several states with respect to filing proper tax statements. Any controversy arising with taxing authorities must be brought to the attention of the Bureau immediately. Although employees will not be required to pay unjustified claims, these matters should be resolved with reasonable promptness. In this respect it should be noted that the U. S. Internal Revenue Service may attach salaries of Federal employees who refuse to pay delinquent taxes.
No employee shall use his Government employment (a) for a purpose that is or gives the appearance of being motivated by the desire of private gain for himself or any other person, or (b) to coerce, or give the appearance of coercing, a person to provide a financial benefit to the employee or any other person.
An employee shall not participate in any transaction concerning purchase or sale of corporate stocks or bonds or of commodities for speculative purposes as distinguished from bona fide investment purposes; nor shall any employee use, for the financial gain of himself or another person, or make any other improper use of, whether by direct action on his part or by counsel, recommendation, or suggestion to another person, information which comes to the employee by reason of his status as an employee and which has not become part of the body of public information. Further, no employee shall make investments (a) in enterprises which, it is reasonable to believe, will be involved in decisions to be made by him, (b) on the basis of information which comes to notice as the result of his employee status and which has not become part of the body of public information, or (c) which are reasonably likely to create any conflict in the proper discharge of his official duties.
Employees must have sufficient funds at all times for current travel. No employee shall accept free transportation for official or unofficial purposes when the offer of such transportation might reasonably be interpreted as an attempt to affect his impartiality. He shall not solicit or accept, for himself or any other person, directly or indirectly, any gift, favor, entertainment, loan, or any other thing of monetary value from a person who has or is seeking contractual or other business or financial relations with the Department, is engaged either as a ptincipal or attorney in proceedings before the Department or in court proceedings in which the U. S. is an adverse party, or has interests that may be substantially affected by the performance or nonperformance of his official duties. This prohibition does not, however, prevent: (a) solicitation or acceptance of anything from a friend, parent, spouse, child, or other close relative when the circumstances make it clear that the motivation is a personal or family relationship; (b) acceptance of food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner
SECTION 1. CONDUCT AND ACTIVITIES OF EMPLOYEES
meeting or other meetings; (c) acceptance of loans from financial institutions on customary terms for normal and ordinary activities such as home mortgage loans; (d) receipt of genuine reimbursement, unless prohibited by law, for actual expenses for travel and such other necessary subsistence for which no Government reimbursement is made and provided the reimbursement is not excessive and employee is not traveling on official business under Bureau orders; (e) acceptance of an award for a meritorious public contribution or achievement.. Failure on the part of an employee without good reason and in proper and timely manner to honor debts acknowledged by him to be valid or reduced to judgment by a court or to make or adhere to satisfactory arrangements for settlement thereof may be cause for disciplinary action.
Administrative Matters
(1) Present Employees
Recommendations for the promotion of any employee shall come only. from the official superior of the employee. This procedure shall be followed, too, concerning any recommendations tending to initiate, retard, or rescind any order or administrative action of the Bureau. Failure to abide by these regulations will result in severe administrative action as well as possible removal from the service.
No employee is to be advised of any pending, contemplated, or recommended personnel action (promotion, reassignment, transfer, commendation, incentive award, disciplinary action, and the like) until action thereon has been taken and he is officially notified. In this regard it should be understood by all employees that the matter of promotions, demotions, transfers, and any other similar official personnel action must be decided solely on the merits of the individual case. The welfare of the Bureau must take precedence over desires and convenience of the employee involved, particularly with respect to transfers of investigative personnel who are expected to be available for service wherever the needs of the Bureau may require their assignment. Any attempt, either directly or indirectly, to bring outside influence to bear on the Bureau to promote, rescind, or alter official actions in any manner is contrary to the above-stated policy.
Under no circumstances should any Special Agent in Charge or other FBI personnel become involved in any matter directly or indirectly concerning a present or former employee who has been arrested or is otherwise in difficulty with a law enforcement agency; nor should any Bureau employee attempt to mitigate the action of any arresting officer, agency, or prosecuting officer, or in any way try to minimize publicity concerning such employee or former employee or incident. Any incidents of this nature regarding present or former employees should be reported inmediately to the Bureau.
Employees must not vouch for any person or give testimonials, affidavits, or letters of recommendation for anyone without prior Bureau approval except that SACS or division heads may approve letters of recommendation prepared by employees in their offices
SECTION 1. CONDUCT AND ACTIVITIES OF EMPLOYEES
concerning individuals who are not present or former employees of the FBI. However, employees preparing such letters should state therein that any recommendation is based on the personal knowledge of the writer and should not be construed as an official endorsement or recommendation of the FBI. All other letters should be sent to the Bureau for approval. (See Part I, Section 16, Subsection O, for detailed instructions concerning inquiries, including those from duly accredited investigators.)
Employees should not conduct joint investigations with other Bureau personnel without official permission; when such joint operation is justified, required (as in certain civil rights cases), or desirable (as, for example, in sensitive or security-type interviews), the appropriate supervisor may give permission for Agents of his squad to work together. If the circumstances require Agents from different squads to work jointly, approval must be obtained from each squad supervisor whose personnel are involved. In a resident agency, such permission must be secured from the senior resident Agent. When employees receive such permission, they should show the joint investigation on their #3 cards and daily reports (when such daily reports are required) by showing the name of the other Agent or Agents and the file number of the case. Approval of #3 cards and daily reports by the supervisors and senior resident Agent shall signify that such permission was granted by them.
An Agent, whether assigned to a resident agency or the field office headquarters city is not to visit his home during official working hours without specific supervisory approval. Any such visit and reasons therefor must be clearly shown on his #3 card and daily report when prepared.
Employees must not participate indiscriminately in matters with local law enforcement officers where no FBI jurisdiction exists. they must tactfully decline to witness signed statements obtained by local law enforcement officers where no FBI jurisdiction is involved. In addition, no one other than persons officially connected with an investigation or whose services are needed, should be permitted to accompany our personnel on an investigation. In this regard, prior [SAC]authority is necessary for members of law enforcement agencies to accompany Agents during the course of security-type investigations.
Employees shall not engage in other work, employment, occupation, profession, business, or partnership without receiving prior Bureau approval. This rule applies whether the outside employment is self-employment or employment by a third party. No Special Agent is to act as a salesman in the commercial sense. Any case of doubt should be referred to the Bureau for decision (See Part I, Section 16G, of this manual for further details). Furthermore, no employee, even though having Bureau approval to engage in part-time outside employment in a sales capacity, may solicit
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