(c) Agency ethics official refers to the designated agency ethics official or to the alternate designated agency ethics official, referred to in 2638.202(b) of this chapter, and to any deputy ethics official, described in 2638.204 of this chapter, who has been delegated authority to assist in carrying out the responsibilities of the designated agency ethics official. 4. Search & Navigation The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. 5312 through 5317 or to a position that, by statute or as a matter of practice, is filled by Presidential appointment, other than: (i) A position filled under the authority of 3 U.S.C. 7342(a)(2). Any person, including a natural person, business organization, or legal entity, to whom the CFP professional provides or agrees to provide Professional Services pursuant to an Engagement. (b) General principles. (d) In addition to the provisions of this and other subparts of this part, an employee who wishes to engage in outside employment or other outside activities must comply with applicable statutes and regulations. The market value of a gift of a ticket entitling the holder to food, refreshments, entertainment, or any other benefit is deemed to be the face value of the ticket. The eCFR is displayed with paragraphs split and indented to follow A contribution is not voluntary unless it is made in an amount determined by the contributing employee, except that where an amount for a gift is included in the cost for a luncheon, reception or similar event, an employee who freely chooses to pay a proportionate share of the total cost in order to attend will be deemed to have made a voluntary contribution. 202(a). Regardless of whether the document is used improperly, the employee's disclosure does not violate this section because it was not a knowing unauthorized disclosure made for the purpose of furthering a private interest. In addition to the 15 percent limitation on outside earned income, covered noncareer employees are prohibited from receiving any compensation for: practicing a profession which involves a fiduciary relationship; affiliating with or being employed by a firm or other entity which provides professional services involving a fiduciary relationship; serving as an officer or member of the board of any association, corporation or other entity; or teaching without prior approval. In addition, this subpart contains the statutory notification requirements that apply to public filers when they negotiate for or have agreements of future employment or compensation. The Federal Acquisition Regulation in 48 CFR parts 3, 14 and 15 restricts the release of information related to procurements and other contractor information that must be protected under 18 U.S.C. . Section 2635.807(a)(2)(i)(E) does not preclude an employee, other than a covered noncareer employee, from receiving compensation for teaching, speaking or writing on a subject within the employee's discipline or inherent area of expertise based on his educational background or experience even though the teaching, speaking or writing deals generally with a subject within the agency's areas of responsibility. 7342). The specific prohibitions set forth in paragraphs (a) through (d) of this section apply this general standard, but are not intended to be exclusive or to limit the application of this section. 208(a) and paragraph (c) of this section will no longer prohibit the employee's participation in the matter. (2) Adversely affect the efficient accomplishment of the agency's mission because another employee cannot be readily assigned to perform work from which the employee would be disqualified by reason of the financial interest. (d) Applicability of special agency statutes. An employee may solicit voluntary contributions of nominal amounts from fellow employees for an appropriate gift to an official superior and an employee may make a voluntary contribution of a nominal amount to an appropriate gift to an official superior: (1) On a special, infrequent occasion as described in paragraph (b) of this section; or. Standards of Conduct for Public Service employees - human resources policy 09. review HR policy 09. (iii) Offered by a person who is not a prohibited source to any group or class that is not defined in a manner that specifically discriminates among Government employees on the basis of type of official responsibility or on a basis that favors those of higher rank or rate of pay. Under regulations of the General Services Administration at 41 CFR 10135.201, an employee may make a personal long distance call charged to her personal calling card. (8) Employees shall act impartially and not give preferential treatment to any private organization or individual. (2) An employee is no longer seeking employment when: (i) The employee or the prospective employer rejects the possibility of employment and all discussions of possible employment have terminated; or. Compliance with this policy of business ethics and conduct is the responsibility of every Lansing Community College Trustee. The Administrator of the Environmental Protection Agency may sign a letter to an oil company indicating that its refining operations are in compliance with Federal air quality standards even though he knows that the company has routinely displayed letters of this type in television commercials portraying it as a trustee of the environment for future generations.. The contractual relationship the tribe wishes to negotiate is employment for purposes of this subpart. Such a matter is covered by this subpart even if it does not involve formal parties and may include governmental action such as legislation or policy-making that is narrowly focused on the interests of such a discrete and identifiable class of persons. A Government employee who attends the conference in his official capacity could not accept the prize under paragraph (b)(5) of this section, as the event is not open to the public. However, subordinates may take up a collection and employees may contribute $3 each to buy refreshments to be consumed by everyone in the immediate office to mark either such occasion. Ethics and Standards of Conduct for Students Author: LCC Created Date: 10/29/2021 5:30:16 PM . (2) An employee who is considering whether acceptance of a gift would lead a reasonable person with knowledge of the relevant facts to question his or her integrity or impartiality may consider, among other relevant factors, whether: (ii) The timing of the gift creates the appearance that the donor is seeking to influence an official action; (iii) The gift was provided by a person who has interests that may be substantially affected by the performance or nonperformance of the employee's official duties; and. The managing partner asks if the official would be interested in joining the law firm. "If they just establish the basic standards of . The employee may not accept the cash award because ABC Systems has interests that may be substantially affected by the performance or nonperformance of the employee's official duties. (1) Government property includes any form of real or personal property in which the Government has an ownership, leasehold, or other property interest as well as any right or other intangible interest that is purchased with Government funds, including the services of contractor personnel. Implementing regulations are contained in 2636.305 through 2636.307 of this chapter. 208(a), perform these significant duties of the position while retaining his stock in the company. I, sec. Nevertheless, the financial interests of the spouse's employer may be disqualifying under the impartiality principle, as implemented at 2635.502. The firm did not offer her the partnership position she sought. The notification statement and the recusal statement may be contained in a single document or in separate documents. (c) Definitions. Such action may be in addition to any action or penalty prescribed by law. information or personal data. (3) Loans from banks and other financial institutions on terms generally available to the public; (4) Opportunities and benefits, including favorable rates and commercial discounts, available to the public or to a class consisting of all Government employees or all uniformed military personnel, whether or not restricted on the basis of geographic considerations; (5) Rewards and prizes given to competitors in contests or events, including random drawings, open to the public unless the employee's entry into the contest or event is required as part of the employee's official duties; A Government employee is attending a free trade show on official time. Ethics Commission - City of Long Beach (ii) Selection of award recipients is made pursuant to written standards. The term does not include mere attendance at an event provided that, to the employee's knowledge, his attendance is not used by the nonprofit organization to promote the event. Notification requirements for public financial disclosure report filers regarding negotiations for or agreement of future employment or compensation. 611 through 621). Unless authorized in accordance with law or regulations to use such time for other purposes, an employee shall use official time in an honest effort to perform official duties. A CFP professional must comply with the Practice Standards when: Among the factors that CFP Board will weigh in determining whether a CFP professional has agreed to provide or provided Financial Advice that Requires Financial Planning are: In a disciplinary proceeding in which a CFP professional denies CFP Boards allegation that the CFP professional was required to comply with the Practice Standards, the CFP professional must demonstrate that compliance with the Practice Standards was not required. In writing the letter of recommendation for his personal friend, it may be appropriate for the employee to refer to his official position in the body of the letter. (b) Definition of nonpublic information. A Department of Energy employee appointed under 213.3301 of this title to a Schedule C position is appointed by the agency and, thus, is not a Presidential appointee to a full-time noncareer position. PDF Standards of Conduct for the International Civil Service - United Nations Standards of Conduct for BC Public Service employees The term is all-inclusive and applies to commercial ventures and nonprofit organizations as well as to foreign, State, and local governments, including the Government of the District of Columbia. The employee must also comply with any applicable recusal requirement of this subpart, as well as any applicable recusal requirements under subpart D or E of this part as a result of the employee's outside employment activities. PDF Ethics and Standards of Conduct for Students - lcc.edu Gifts between employees are subject to the limitations set forth in subpart C of this part. However, to ensure that his colleague and others with whom he had been working on the review do not seek his advice regarding the review of the application or otherwise involve him in the matter, it may be necessary for him to advise those individuals of his recusal. (1) Voluntary divestiture. (1) Gifts of tangible items. The agency designee for the purpose of 2635.502(c) may, in an appropriate case, determine that an employee not covered by the preceding paragraph who has sought but is no longer seeking employment nevertheless will be subject to a period of recusal upon the conclusion of employment negotiations. A letter merely acknowledging receipt of the resume is not an indication of interest in employment discussions. (d) Direct and predictable effect, particular matter, and personal and substantial have the respective meanings set forth in 2635.402(b)(1), (3), and (4). Community and Continuing Education . App. You are using an unsupported browser. A biologist who is an expert in marine life is employed for more than 60 days in a year as a special Government employee by the National Science Foundation to assist in developing a program of grants by the Foundation for the study of coral reefs. 101 note, that a public filer must submit a written statement identifying the entity involved in the negotiations or agreement within three business days after commencement of such negotiations or agreement and must submit a notification of recusal whenever there is a conflict of interest or an appearance of a conflict of interest. (3) Engage in any action that would otherwise violate this part. Please check and try again. Appropriate oral or written notification of the employee's disqualification may be made to coworkers by the employee or a supervisor to ensure that the employee is not involved in a particular matter involving specific parties from which he is disqualified. The DOE employee in the previous example was recently notified that a representative of a university has viewed his profile. The employee must promptly reimburse the donor the market value for any entertainment, favor, service, benefit or other intangible. (c) Waiver of disqualification. (6) Adjustments that may be made in the employee's duties that would reduce or eliminate the likelihood that a reasonable person would question the employee's impartiality. An Air Force employee who owns stock in a major aircraft engine manufacturer is being considered for promotion to a position that involves responsibility for development of a new fighter airplane. 3371, et seq., are subject to any requirements, in addition to those in this part, established by a supplemental agency regulation issued under this section to the extent that such regulation expressly provides. (a) This subpart contains provisions relating to outside employment, outside activities and personal financial obligations of employees that are in addition to the principles and standards set forth in other subparts of this part. Six individuals, each employed by a different defense contractor, who have worked with the DoD employee over the years, decide to act in concert to pool their resources to buy her a nicer gift than each could buy her separately. 1344). Employees are cautioned that they may be subject to additional statutory prohibitions on post-employment acceptance of compensation from contractors, such as 41 U.S.C. The determination of whether Financial Advice has been provided is an objective rather than subjective inquiry. A Foreign Commercial Service officer from the Department of Commerce is asked by a United States telecommunications company to meet with representatives of the Government of Spain, which is in the process of procuring telecommunications services and equipment. professionals, replaces CFP Board's current Code of Ethics, Rules of Conduct, Financial Planning Practice Standards and Terminology, effective October 1, 2019.The enforcement date for the new Code and Standards is June 30, 2020.. The employee's agency is paying for her travel expenses, including her airfare. If it is determined by the agency that it is essential that another employee accompany the presenting employee to the roundtable discussion, the accompanying employee may also accept free attendance to the meeting under paragraph (b)(8)(ii) of this section. The employee was acting in his official capacity when he met the individual at a meeting to discuss a matter related to the contract between their respective employers. His principal duty in his new position is to write regulations relating to the disposal of hazardous waste. Code of Ethics and Standards of Professional Conduct - CFA Institute (c) Subject to paragraph (a) of this section, market value has the meaning set forth in 2635.203(c). switch to eCFR drafting site. The arrangements agreed by the county council for the treatment of confidential information by councillors (constitution appendix Q). Academic Ethics: moral values, principles, and standards of integrity that are underlined by this ode of Academic Ethics and must be observed by L 's academic community. ; and, The terms of the Engagement between the Client and the CFP, Related Parties receive no Sales-Related Compensation in connection with any Professional Services the CFP, May not use the term in a manner that suggests the CFP. (Ethics in Government Act of 1978); E.O. This subpart contains provisions relating to the proper use of official time and authority, and of information and resources to which an employee has access because of his Federal employment. (f) Indirectly solicited or accepted. Upon assignment to the technical evaluation panel, the employee in the preceding example finds that DEF Computer Corporation has not submitted a proposal. Executive Order 12731 (October 17,1990): Principles of Ethical Conduct for Government Officers and Employees. The employee may attend even if she is being invited because of her official position. Since the employee is speaking officially and the expense payments are accepted under 31 U.S.C. The employee may receive compensation from a private training institute for a series of lectures which describe the decisions of the Federal Labor Relations Authority concerning unfair labor practices, provided that her lectures do not contain any significant discussion of labor relations cases handled at the Department of Commerce, or the Department's labor relations policies. An employee who is responsible for his own assignment should take whatever steps are necessary to ensure that he does not participate in the matter from which he is disqualified. (4) The restrictions in paragraphs (a)(2)(i)(E) (2) and (3) of this section do not apply to a special Government employee. (x) The prohibition against counterfeiting or forging transportation requests (18 U.S.C. For Christmas, a secretary may give his supervisor, and the supervisor may accept, a poinsettia plant purchased for $10 or less. 2891(21); or. (4) Consultation and notification regarding waivers. (e) Disqualification. Professional Development for Ethics Officials, Visit the Institute for Ethics in Government, Agency Ethics Program Contact Information, Standards of Ethical Conduct for Employees, Resources for Financial Disclosure Filers, Standards of Ethical Conduct for Employees of the Executive Branch, Full Text of the Standards of Conduct (PDF), Summary of the Standards of Conduct (PDF), Summary of the Conflict of Interest Laws (PDF). 203(a), which prohibits an employee from seeking, accepting, or agreeing to receive or accept compensation for any representational services, rendered personally or by another, in relation to any particular matter in which the United States is a party or has a direct and substantial interest, before any department, agency, or other specified entity. An employee of the Defense Contract Audit Agency (DCAA) is auditing the overhead accounts of an Army contractor. Award or denial of the grant will affect the financial interests of Kinder World and its financial interests are imputed to her as a member of its board of directors. Similarly, the disposition of a protest against the award of a contract to a particular company may also have a direct and predictable effect on an employee's financial interest in another company listed as a subcontractor in the proposal of one of the competing offerors. Tickets to the event cost $150 and are tax deductible as a charitable donation, with proceeds to be donated to a local hospital. The employee contacts her ethics official to discuss the matter. An engineer has just resigned from her position as vice president of an electronics company in order to accept employment with the Federal Aviation Administration in a position involving procurement responsibilities. 527(e). A Department of Commerce employee received a $25 T-shirt from a prohibited source after providing training at a conference. At the conclusion of her speech, the association presents the employee a framed map with a market value of $18 and a ceramic mug that has a market value of $15. Disclosures made by an employee to an agency ethics official are not protected by an attorney-client privilege. These waivers are described in 2635.402(d) and part 2640, subpart C of this chapter. Learn more. Ethical norms also serve the aims or goals of research and apply to people who conduct scientific research or other scholarly or creative activities. When a public filer is seeking employment within the meaning of 2635.603(b)(1)(ii) or (iii) or is considering seeking employment, the public filer may elect to file the notification statement pursuant to paragraph (a) of this section before negotiations have commenced and before an agreement of future employment or compensation is reached. An employee of the Department of Housing and Urban Development may not ask his secretary to type his personal correspondence during duty hours.
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