CHAPTER I-VETERANS ADMINISTRATION Loans by banks on and payment of adjusted service certificates. Disposition of veteran's personal funds and effects. PART O-STANDARDS OF ETHICAL Sec. CONDUCT AND RELATED RESPON SIBILITIES Subpart A-General Provisions 0.735-80 0.735-81 Reviewing statements of interest. 0.735-82 Disciplinary and other remedial action. 0.735-83 Applicability to members of the uniformed services. 0.735-84 Effect of employees' statements on other requirements. 0.735-85 Statements of employment and fnancial interests for special Government employees. AUTHORITY: The provisions of this Part 0 issued under E.O. 11222 of May 8, 1965, 30 F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR 735.104. SOURCE: The provisions of this Part 0 appear at 31 F.R. 5828, Apr. 15, 1966, unless otherwise noted. Subpart A-General Provisions $ 0.735-1 (a) "Employee" means an officer or employee of the Veterans Administration, except a special Government employee. (b) "Special Government employee" means an officer or employee of the Veterans Administration who is retained, designated, appointed, or otherwise employed to perform, with or without compensation, for 130 days or less during any period of 365 consecutive days, temporary duties either on a full-time, parttime, or intermittent basis. (c) Where appropriate to the meaning and not explained in this part, the term "person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution. § 0.735-3 Informing employees. (a) Each new employee and special Government employee will be furnished a copy of this part or a comprehensive summary at the time of his entrance on duty and will be notified at that time of the availability of counseling services on conduct matters and of how and where these services are available. (b) Annually, and at such other times as circumstances warrant, this part will be brought to the attention of each employee and special Government employee. (c) Each station shall have available for review by employees and special Government employees, as appropriate, copies of Executive Order 11222 of May 8, 1965, and copies of laws and pertinent Veterans Administration and Civil Service Commission regulations and instructions relating to ethical and other conduct. [31 F.R. 5828, Apr. 15, 1966, as amended at 33 F.R. 3173, Feb. 20, 1968] § 0.735-4 Interpretation and advisory service. (a) An Assistant General Counsel of the Office of the General Counsel is designated by the Administrator to be Counselor for the Veterans Administration. In addition, an official of the same office is designated as Deputy to the Counselor to act for the Counselor in his absence. The Counselor will have responsibility for: (1) Interpreting for the Veterans Administration the laws, Executive Order 11222, Civil Service Commission regulations and instructions, and the regulations in this part. (2) Representing the Veterans Administration before the Civil Service Commission on conduct matters. (3) Coordinating counseling services on conduct for employees and special Government employees. (4) Resolving questions of conflict or apparent conflict of interest and other matters covered in this part. (5) Assuring that counseling and interpretations of a precedential nature are made available to deputy counselors designated in paragraphs (b), (c), and (d) of this section. (6) Reviewing statements of employment and financial interests in connection with unresolved questions of conflict of interest referred for the Administrator's decision, and recommending decision and remedial action to be taken. (b) The General Counsel may designate one or more officials in his office as Deputy Counselors (legal) to assist the Counselor in any of the responsibilities listed in paragraph (a) of this section and to perform in Central Office the functions detailed in paragraph (c) of this section. (c) Chief Attorneys are designated as Deputy Counselors (legal). They will review and render counsel and interpretations on questions of conflict of interest and other matters covered by the conduct regulations in this part at the request of Deputy Counselors (Personnel Officers) or at the specific request of employees or special Government employees. The Deputy Counselors (legal) will be guided by the interpretations of the Counselor on the pertinent laws and regulations. In case of doubt regarding any question, or disagreement of interpretation between deputy counselors and employees or special Government employees, the Deputy Counselor (legal) may submit the matter to the Counselor for consideration, furnishing a copy to the appropriate Department Head. (d) Personnel Officers are designated as deputy counselors. They will give advice and guidance to employees (includes management officials; see definition of employee in § 0.735-2(a)) and special Government employees on conduct matters as requested. They may submit questions to the deputy counselors (legal) on their own initiative or at the specific request of an employee or special Government employee or may request interpretations by the Counselor through the deputy counselors (legal). (e) An employee (includes management officials) or special Government. employee who has a question on any matter within the scope of this part may seek an answer through this counseling system. [31 F.R. 5828, Apr. 15, 1966, as amended at 33 F.R. 3173, Feb. 20, 1968] § 0.735-5 Violation of regulations. Violation of the regulations in this part by an employee or special Government employee may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law. Subpart B-Standards of Ethical Conduct and Related Responsibilities of Employees § 0.735-10 General requirements, (a) Each Veterans Administration employee shall be expected to serve diligently, loyally, and cooperatively; to exercise courtesy and dignity; and to conduct himself, both on and off duty, in a manner reflecting credit upon himself and the Veterans Administration. (b) An employee shall avoid any action which might result in, or create the appearance of: (1) Using public office for private gain; (2) Giving preferential treatment to any person, group, or organization; (3) Impeding Government efficiency or economy; (4) Losing complete independence or impartiality; (5) Making a Government decision outside official channels; or (6) Affecting adversely the confidence of the public in the integrity of the Government. (c) Employees shall not discriminate on the ground of race, color, sex, religion, or national origin in providing benefits under any law administered by the Veterans Administration. They shall not discriminate on those grounds or any other improper ground in any employment matter. Employees are responsible to cooperate in making equal opportunity for all a reality in the Veterans Administration. (d) An employee shall not attempt to accomplish indirectly-through his immediate family or otherwise-any activity which he is prohibited from doing directly. (e) Veterans Administration management and supervisors shall encourage the good conduct of employees by setting the example, by dealing with them considerately and impartially, and by showing sincere concern for them as individuals. [31 F.R. 5828, Apr. 15, 1966, as amended at 33 F.R. 18375, Dec. 11, 1968] § 0.735-11 favors. Gifts, entertainment and (a) Except as provided in paragraphs (b) and (f) of this section, an employee shall not solicit or accept directly or indirectly for himself or any member of his family, any gift, gratuity, favor, entertainment, loan, or anything of monetary value, from a person (individual, corporation, company, association, firm, partnership, society, joint stock company, or any other organization or institution) who: (1) Has, or is seeking contractual or other business or financial relations with the Veterans Administration; (2) Conducts operations or activities regulated by the Veterans Administration; (3) Has interests that may be substantially affected by the performance or nonperformance of his official duty; or (4) Is attempting to influence the employee's official actions. (b) The restrictions set forth in paragraph (a) of this section do not apply when: (1) It is clear that the motivating factor is the family or personal relationship (such as that between the employee and his parents, children, or spouse) rather than the business relationship of the persons concerned; (2) Food and refreshments of nominal value are infrequently accepted when offered in the ordinary course of a coffee break, luncheon or dinner meeting, or other meeting, while on official business or on an inspection tour where an employee may properly be in attendance; (3) Loans from banks or other financial institutions are sought on customary terms to finance proper and usual activities of employees, such as home mortgage loans; (4) Advertising or promotional material is unsolicited and of nominal intrinsic value (such as pens, pencils, note pads, or calendars); (5) Common courtesy gifts such as flowers are indicated on appropriate occasions. (c) An employee shall not solicit a contribution from another employee for a gift to an official superior, make a donation as a gift to an official superior, or accept a gift from an employee receiving less pay than himself (5 U.S.C. 7351). However, this paragraph does not prohibit a voluntary gift of nominal value or donation in a nominal amount made on a special occassion such as marriage, illness, or retirement. (d) An employee is prohibited from accepting gifts or gratuities such as goods, money, services, purchases at discount, entertainment or similar favors from claimants, patients, ex-patients, or other beneficiaries of the Veterans Administration, or their relatives, friends, or agents, since it could be interpreted that the favors are in return for official services rendered. The Administrator may authorize exceptions to this prohibition where such action would not contravene the overall intent of this part. (e) An employee shall not accept a gift, present, decoration, or other thing from a foreign government unless authorized by Congress as provided by the Constitution and in 5 U.S.C. 7342. (f) Neither this section nor § 0.735-12 precludes an employee from receipt of bona fide reimbursement, unless prohibited by law for expenses of travel and such other necessary subsistence, as is compatible with this part for which no Government payment or reimbursement is made. However, this paragraph does not allow an employee to be reimbursed, or payment to be made on his behalf, for excessive personal living expenses, gifts, entertainment, or other personal benefits, nor does it allow an employee to be reimbursed by a person (individual, corporation, company, association, firm, partnership, society, joint stock company, or any other organization or institution) for travel on official business under Veterans Administration orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967. [31 F.R. 5828, Apr. 15, 1966, as amended at 33 F.R. 3173, Feb. 20, 1968; 33 F.R. 18375, Dec. 11, 1968] $0.735-12 Outside employment, activity or compensation. (a) An employee shall not engage in outside employment or other outside activity not compatible with the full and proper discharge of the duties and responsibilities of his Government employment. Incompatible activities include but are not limited to those which: (1) Involve the acceptance of a fee, compensation, gift, payment of expense or any other thing of monetary value in circumstances in which acceptance may result in, or create the appearance of, conflicts of interest; (2) Tend to impair his mental or physical capacity to perform his Veterans Administration duties and responsibilities in an acceptable manner; (3) Bring discredit upon, are disadvantageous to, embarrass, or cause or may cause unfavorable and reasonable criticism of the Federal Government or the Veterans Administration; (4) Conflict with the interests of the Veterans Administration or the Federal Government or can possibly be construed by the public to be official acts of the Veterans Administration; (5) Involve the use of information obtained as a result of employment in the Veterans Administration, to the detriment of the Veterans Administration or those served by it; (6) Take time or attention during duty hours, or consist of the private practice of a recognized profession to the extent that the employee appears to be privately practicing his profession during official duty hours; (7) Violate a regulation, Executive order, or a Federal, State, or local statute or ordinance; (8) Tend to create suspicion of prejudice or favoritism in the administration of benefits to eligible veterans 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 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 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 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. |