100.735-16 100.735-17 100.735-18 100.735-19 100.735-20 100.735-21 Other outside activities. for Presidential appointees. Gambling, betting and lotteries. General conduct prejudicial to the Government. 100.735-22 Miscellaneous statutory and nonstatutory provisions. Subpart C-Statements of Employment and Financial Interests Required of Certain Employees 100.735-31 General provisions. 100.735-32 Who must report. 100.735-33 Initial submission of employee Sec. Subpart D-Conduct and Responsibilities of Special Government Employees 100.735-41 General provisions. 100.735-42 Use of employment. 100.735-43 Use of inside information. 100.735-44 Coercion. 100.735-45 Gifts, entertainment, and favors. 100.735-46 Statement of employment and financial interests. 100.735-47 Miscellaneous statutory provisions. AUTHORITY: The provisions of this Part 100 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 100 appear at 31 F.R. 4376, Mar. 12, 1966, unless otherwise noted. Subpart A-General Provisions § 100.735-1 Policy. In order to assure the proper performance of the Government's business and the maintenance of public confidence, all employees shall maintain high standards of honesty, integrity, impartiality, and conduct. The avoidance of misconduct and conflicts of interests, apparent or real, on the part of all employees through informed judgment is indispensable to the maintenance of the standards in this part. Since service is the keystone of the Agency's operations, each person who deals with the Agency is entitled to courtesy and consideration. Not only must his case be treated with fairness-there must not be even the appearance of unfairness. lations in this part with respect to employees under its jurisdiction. (b) The General Counsel. The General Counsel is responsible for the implementation of the regulations in this part with respect to employees under his jurisdiction. (c) Agency Counselor. The Director, Division of Administration, is hereby designated as the Agency Counselor for the purpose of (1) acting as liaison with the Civil Service Commission with respect to matters of employee responsibility and conduct, (2) coordinating the Agency's interpretation and advisory service under § 100.735-3, (3) advising, upon request, Agency officials responsible for reviewing the "Statements of Employment and Financial Interests" provided for in Subpart C of this part, (4) directing employees to review the regulations in this part annually, and (5) implementing and applying the regulations in this part. The Assistant Director, Division of Administration, and Director of Personnel are hereby designated as Assistant Agency Counselors. (d) Agency Employee Suitability Committee. (1) The Agency Employee Suitability Committee shall continue to serve as a point of initial consideration concerning any matters of employee suitability that arise under Agency and/or other governmental regulations. In this position the Committee, as required, advises a Board Member, the Board, or the General Counsel concerning the appropriateness of action under such regulations. In addition the Committee is responsible for recommending to the Board and General Counsel, as necessary, guidelines to assure consistent and uniform application of the regulations in this part throughout the Agency. (2) The Agency Employee Suitability Committee shall be composed of one member and alternate designated by the Board; one member and alternate designated by the General Counsel; and the Director, Division of Administration (who shall serve as Chairman) and as his alternate, the Assistant Director, Division of Administration. (e) Employees. All new employees shall become familiar with the provisions of the regulations in this part during the period of orientation with the Agency. All employees are expected periodically to review the provisions included in this part and any subsequent regulations which may be issued. § 100.735-3 Advisory and interpretation service. (a) The incumbents of the following named positions are Deputy Agency Counselors and shall make themselves thoroughly familiar with applicable laws, Executive orders, and regulations in this part: (1) Regional Directors and respective Assistant General Counsels; (2) All Washington Office, Branch, and Division Chiefs; and (3) All persons officially acting in one of the above positions. (b) Upon request of employees under their supervision, the above incumbents shall be available for necessary consultation and advice. In the consideration of any question or problem arising under the regulations in this part, the above officials or employees with questions or problems may avail themselves of the services of the Agency Counselor. § 100.735-4 Disciplinary and other remedial action. (a) Violations of the regulations in this part by an employee may be cause for appropriate disciplinary or other action which may be in addition to any penalty prescribed by law. (b) In any instance where a statement submitted under § 100.735–16 or Subpart C of this part or information from any other source indicates a conflict of interest, apparent or real, the employee shall be provided opportunity to explain. (1) After consideration of the employee's explanation, the appropriate official (see designated officials under § 100.735-3 (a) (1), (2), (3)) may recommend, in writing to the Chairman of the Board, the General Counsel, or a Board Member, as appropriate, that the interest is not so substantial as to be likely to affect the integrity of the employee's services to the Government and he must so notify the employee in advance of handling the assignment. (2) If, however, the designated official deems the interest to be so substantial as to be a conflict or an apparent conflict with the employee's assignment, that official must act immediately to end the real or apparent conflict or to prevent a possible conflict by (i) disqualification for a particular assignment or (ii) arrangement by mutual agreement that the employee will divest himself of the interest before proceeding with the assignment. Any such action must also |