Page images
PDF
EPUB
[ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][ocr errors][merged small]

PART 0 STANDARDS OF ETHICAL

Sec. CONDUCT AND RELATED RESPON

0.786–80 Confidentiality

employees'

statements. SIBILITIES

0.735–81 Reviewing statements of interest.

0.735–82 Disciplinary and other remedial Subpart A-General Provisions

action. Sec.

0.735–83 Applicability to members of the 0.735-1 Purpose.

uniformed services. 0.735-2 Definitions.

0.735–84 Effect of employees' statements on 0.735-3 Informing employees.

other requirements. 0.735-4 Interpretation and advisory sery- 0.735–85 Statements of employment and aice.

nancial interests for special Glov. 0.735-5 Violation of regulations.

ernment employees. Subpart B-Standards of Ethical Conduct and AUTHORITY: The provisions of this Part 0

Related Responsibilities of Employees Issued under E.O. 11222 of May 8, 1965, 80 0.735–10 General requirements.

F.R. 6469, 3 OFR, 1965 Supp.; 5 CFR 735.104 0.735-11 Gifts, entertainment and favors.

SOURCE: The provisions of this Part 0 0.735–12 Outside employment activity or appear at 31 F.R. 5828, Apr. 16, 1966, unless compensation.

otherwise noted. 0.735-13 Financial interests. 0.735-14 Use of Government property.

Subpart A-General Provisions 0.735-15 Disclosure or misuse of informa

$ 0.735–1 Purpose. tion. 0.735-16 Indebtedness.

For proper performance of the Gov. 0.735–17 Gambling, betting, and lotteries.

ernment business and the maintenance 0.735–18 Conduct prejudicial to the Gov

of confidence by citizens in their Government. 0.785–19 Relations with firms or persons

ernment, employees and special Governseeking or doing business with

ment employees in the Veterans Adminthe Veterans Administration.

istration shall maintain the highest 0.735–20 Other conduct on the job.

possible standards of honesty, integrity, 0.735-21 Standards of conduct in special impartiality, and conduct. They shall areas.

avoid misconduct and conflicts of in0.736-22 Other conflict of interest restric

terest through informed judgment, as an tions.

indispensable means to the maintenance 0.735-23 Miscellaneous statutory provisions.

of these high standards. Subpart C-Standards of Ethical Conduct and For the purposes of this part: Related Responsibilities of Special Government

$ 0.735—2 Definitions. Employees 0.735-50 General requirements.

(a) "Employee" means an officer or 0.735-51 Use of Government employment.

employee of the Veterans Administra0.735–52 Use of inside information.

tion, except a special Government em0.735-53 Coercion.

ployee. 0.735-54 Gifts, entertainment, and favors.

(b) "Special Government employee" 0.735-55 Other conflict of interest restric

means an officer or employee of the tions.

Veterans Administration who is retained, 0.735–56 Miscellaneous statutory provisions. 0.735-57 Other standards of conduct.

designated, appointed, or otherwise em

ployed to perform, with or without comSubpart DStatements of Employment and

pensation, for 130 days or less during Financial Interests

any period of 365 consecutive days, tem0.735–70 Purpose of statements of interests.

porary duties either on a full-time, part0.735–71 Employee's complaint on filing re

time, or intermittent basis. quirement.

(c) Where appropriate to the meaning 0.735–72 Form and content of statements.

and not explained in this part, the term 0.735-73 Employees required submit

"person" means an individual, a corpo statements.

ration, a company, an association, a firm, 0.735–74 Employees not required to submit

a partnership, a society, a joint stock statements.

company, or any other organization or 0.735–75 Time and place for submission of

institution.
employees' statements; reviewing
oficials.

8 0.735–3 Informing employees. 0.735-76 Supplementary statements.

(a) Each new employee and special 0.785–77 Interests of employees' relatives.

Government employee will be furnished & 0.735-78 Information not known by employees.

copy of this part or a comprehensive 0.785–79 Information problbited.

summary at the time of his entrance on

[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

ons

[ocr errors]

hiebes

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 em-
ployee.

(c) Each station shall have available
for review by employees and special Gov-
ernment employees, as appropriate, cop-
les of Executive Order 11222 of May 8,
1965, and copies of laws and pertinent
Veterans Administration and Civil Serv-
ice Commission regulations and instruc-
tions relating to ethical and other
conduct.
(31

F.R. 5828, Apr. 15, 1966, as amended at
33 P.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 Administra-
tion. 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 re-
sponsibility for:

(1) Interpreting for the Veterans Ad-
ministration the laws, Executive Order
11222, Civil Service Commission regula-
tions and instructions, and the regula-
tions 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 Con

duct 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

[ocr errors]
[ocr errors]

1

[ocr errors]
[ocr errors]

loyee"

[ocr errors]

part

stock

eds

[ocr errors]
[ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors]

conduct himself, both on and off duty, in (2) Conducts operations or activities a manner reflecting credit upon himselt regulated by the Veterans Administraand the Veterans Administration.

tion; (b) An employee shall avoid any ac- (3) Has interests that may be subtion which might result in, or create the stantially affected by the performance appearance of:

or nonperformance of his official duty; (1) Using public office for private or gain;

(4) Is attempting to influence the em(2) Giving preferential treatment to ployee's official actions. any person, group, or organization;

(b) The restrictions set forth in para(3) Impeding Government efficiency

graph (a) of this section do not apply or economy;

when: (4) Losing complete independence or

(1) It is clear that the motivating impartiality;

factor is the family or personal relation(5) Making a Government decision

ship (such as that between the employee outside official channels; or

and his parents, children, or spouse)

rather than the business relationship of (6) Affecting adversely the confidence

the persons concerned; of the public in the integrity of the Gov

(2) Food and refreshments of nominal ernment.

value are infrequently accepted when (c) Employees shall not discriminate

offered in the ordinary course of a coffee on the ground of race, color, sex, religion,

break, luncheon or dinner meeting, or or national origin in providing benefits

other meeting, while on official business under any law administered by the Vet

or on an inspection tour where an emerans Administration. They shall not

ployee may properly be in attendance; discriminate on those grounds or any

(3) Loans from banks or other finanother improper ground in any employ

cial institutions are sought on customary ment matter. Employees are responsible

terms to finance proper and usual acto cooperate in making equal opportu

tivities of employees, such as home mortnity for all a reality in the Veterans

gage loans; Administration.

(4) Advertising or promotional ma(d) An employee shall not attempt to

terial is unsolicited and of nominal inaccomplish indirectly—through his im

trinsic value (such as pens, pencils, note mediate family or otherwise--any ac

pads, or calendars); tivity which he is prohibited from doing

(5) Common courtesy gifts such as directly.

flowers are indicated on appropriate (e) Veterans Administration manage- occasions. ment and supervisors shall encourage the

(c) An employee shall not solicit a good conduct of employees by setting the

contribution from another employee for example, by dealing with them consid- & gift to an official superior, make a erately and impartially, and by showing donation as a gift to an official superior, sincere concern for them as individuals. or accept a gift from an employee re(31 F.R. 5828, Apr, 15, 1966, as amended at ceiving less pay than himself (5 U.S.C. 33 F.R. 18375, Dec. 11, 1968]

7351). However, this paragraph does not

prohibit a voluntary gift of nominal $ 0.735-11 Gifts, entertainment and

value or donation in a nominal amount favors.

made on a special occassion such as (a) Except as provided in paragraphs marriage, illness, or retirement. (b) and (f) of this section, an employee (d) An employee is prohibited from shall not solicit or accept directly or accepting gifts or gratuities such as indirectly for himself or any member of goods, money, services, purchases at dishis family, any gift, gratuity, favor, count, entertainment or similar favors

from claimants, patients, ex-patients, or entertainment, loan, or anything of

other beneficiaries of the Veterans Admonetary value, from a person (indi

ministration, or their relatives, friends, vidual, corporation, company, associa

or agents, since it could be interpreted tion, firm, partnership, society, joint

that the favors are in return for official stock company, or any other organization

services rendered. The Administrator or institution) who:

may authorize exceptions to this pro(1) Has, or is seeking contractual or

hibition where such action would not other business or financial relations with

contravene the overall intent of this the Veterans Administration;

part.

[ocr errors][merged small][merged small][ocr errors]
[ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors]

(5) Involve the use of information ob(e) An employee shall not accept a gift, present, decoration, or other thing tained as a result of employment in the from & foreign government unless Veterans Administration, to the detriauthorized by Congress as provided by ment of the Veterans Administration or the Constitution and in 5 U.S.C. 7342. those served by it;

(f) Neither this section nor 8 0.735-12 (6) Take time or attention during precludes an employee from receipt of duty hours, or consist of the private bona fide reimbursement, unless prohib- practice of a recognized profession to the ited by law for expenses of travel and extent that the employee appears to be such other necessary subsistence, as is privately practicing his profession durcompatible with this part for which no ing official duty hours; Government payment or reimbursement (7) Violate a regulation, Executive is made. However, this paragraph does order, or a Federal, State, or local statute not allow an employee to be reimbursed, or ordinance; or payment to be made on his behalf, for (8) Tend to create suspicion of prejuexcessive personal living expenses, gifts, dice or favoritism in the administration entertainment, or other personal benefits, of benefits to eligible veterans that could nor does it allow an employee to be re- be of embarrassment to the Veterans imbursed by a person individual, cor- Administration. poration, company, association, firm, (b) An employee shall not receive any partnership, society, joint stock company, salary or anything of monetary value or any other organization or institution) from a private source as compensation for travel on official business under Vet- for his services to the Government. This erans Administration orders when re- does not apply to employees working imbursement is proscribed by Decision without compensation. (18 U.S.C. 209) B-128527 of the Comptroller General (c) Employees are encouraged to endated March 7, 1967.

gage in teaching, lecturing, and writing (31 F.R. 5828, Apr. 15, 1966, as amended at not prohibited by law, Executive Order 33 F.R. 3173, Feb. 20, 1968; 33 F.R. 18375, 11222, Part 735 of the Civil Service ReguDec. 11, 1968)

lations (5 CFR Part 735), the conduct $ 0.735–12 Outside employment, activ

regulations of this part or other agency ity or compensation.

policy. An employee shall not, however: (a) An employee shall not engage in

(1) Engage, with or without compenoutside employment or other outside ac

sation, in teaching, lecturing or writing, tivity not compatible with the full and

including teaching, lecturing, or writing proper discharge of the duties and re

for the purpose of the special preparasponsibilities of his Government employ

tion of a person or class of persons for

an examination of the Civil Service Comment. Incompatible activities include but mission or of the Board of Examiners for are not limited to those which:

the Foreign Service, that depends on in(1) Involve the acceptance of a fee, formation obtained as a result of his compensation, gift, payment of expense Government employment, except when or any other thing of monetary value in that information has been made availcircumstances in which acceptance may

able to the general public or will be made result in, or create the appearance of,

available on request, or when the Adconflicts of interest;

ministrator gives written authorization (2) Tend to impair his mental or phy

for the use of nonpublic information on sical capacity to perform his Veterans

the basis that the use is in the public Administration duties and responsibili

interest; ties in an acceptable manner;

(2) If he is a Presidential appointee (3) Bring discredit upon, are disad

covered by section 401(a) of Executive vantageous to, embarrass, or cause or

Order 11222, receive compensation, an may cause unfavorable and reasonable

honorarium, or anything of monetary criticism of the Federal Government or

value for any consultation, lecture, disthe Veterans Administration;

cussion, writing or appearance, the sub(4) Conflict with the interests of the

ject matter of which is devoted substanVeterans Administration or the Federal

tially to the responsibilities, programs, Government or can possibly be construed

or operations of his agency, or which by the public to be official acts of the

draws substantially on official data or ideas which have not become part of the

body of public information.

[ocr errors][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][ocr errors][ocr errors]

Veterans Administration;

« PreviousContinue »