Sidebilder
PDF
ePub
[blocks in formation]

500.735-106

500.735-107

500.735-108

500.735-109

activity.

Financial interests.

Use of government property.
Misuse of information.
Indebtedness.

500.735-110 Gambling, betting, and lotteries.

500.735-111 Prejudicial conduct. 500.735-112 Counseling and interpretations. 500.735-113 Miscellaneous statutory provisions.

500.735-114 Disciplinary action. 500.735-115 Conduct of special government employees.

500.735-116 Statements of outside employment and financial interests; format.

500.735-117 Same; employees included. 500.735-118 Same; contested inclusion. 500.735-119 Same; original and supplementary statements; when required.

500.735-120 Same; relatives' interests and information known to others. 500.735-121 Same; information prohibited. 500.735-122 Same; confidentiality of statements.

500.735-123 Same; effect on other require

ments.

500.735-124 Statements of outside employment and financial interests; special government employees.

Sec.

500.735-125

Statements of outside employment and financial interest; review.

AUTHORITY: The provisions of this Part 500 issued under E.O. 11222 of May 8, 1965 (30 F.R. 6469), and Part 735 of Title 5, Code of Federal Regulations.

SOURCE: The provisions of this Part 500 appear at 32 F.R. 20855, Dec. 28, 1967, unless otherwise noted.

[blocks in formation]

The maintenance of unusually high standards of honesty, integrity, impartiality, and conduct by Government employees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. The avoidance of misconduct and conflicts of interest on the part of Government employees and special Government employees through informed judgment is indispensable to the maintenance of these standards. To accord with these concepts, this part sets forth the Commission's regulations covering its employees and special Government employees, prescribing standards of conduct and responsibilities, and governing statements reporting employment and financial interests.

§ 500.735-102 Definitions.

(a) "Commission" means the Indian Claims Commission.

66-048-72-28

[blocks in formation]

(d) Losing complete independence or impartiality;

(e) Making a Government decision outside official channels; or

(f) Affecting adversely the confldence of the public in the integrity of the Government.

§ 500.735-104 Gifts, entertainment, and favors.

(a) Except as provided in paragraphs (b) and (e) of this section, an employee shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a person who:

(1) Has, or is seeking to obtain, contractual or other business or financial relations with the Commission;

(2) Conducts operations or activities over which the Commission exercised or may exercise jurisdiction; or

(3) Has interests that may be substantially affected by action or inaction of the Commission or any employee thereof.

(b) Excepted from the proscriptions contained in § 500.735-104(a) are:

(1) Gifts motivated by obvious family or personal relationships;

(2) Food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon, dinner meeting, or other meeting, where an employee may properly be in attendance;

(3) Acceptance of loans from banks or other financial institutions on prevailing terms to finance proper and usual activi

ties of employees, such as home mortgage loans; and

(4) Acceptance of unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value.

(c) An employee shall not solicit a contribution from another employee for a gift to an official superior, make a donation 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 occasion such as marriage, illness, or retirement.

(d) 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.

(e) Neither this section nor § 500.735105 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 for travel on official business under Commission orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967. § 500.735-105

Outside employment;

off-job activity.

(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:

(1) 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; or

(2) Outside employment which tends to impair his mental or physical capacity to perform his Government duties and responsibilities in an acceptable manner.

(b) An employee shall not receive any salary or anything of monetary value

17

from a private source as compensation for his services to the Government (18 U.S.C. 209).

(c) Employees are encouraged to engage in teaching, lecturing, and writing that is not prohibited by law, the Executive order, this part, or by agency regulations. However, an employee shall not, either for or without compensation, engage 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 Commission or 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 agency head gives written authorization for use of nonpublic information on the basis that the use is in the public interest. In addition, an employee who is a Presidential appointee covered by section 401(a) of the Executive Order 11408 of April 25, 1968; shall not receive compensation 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.

(d) [Reserved]

(e) This section does not preclude an employee from:

(1) Participation in the activities of national or State political parties not proscribed by law;

(2) Participation in the affairs of or acceptance of an award for a meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational public service, or civic organization; or

(3) Outside employment permitted under this part.

[32 F.R. 20855, Dec. 28, 1967, as amended at 33 F.R. 10715, July 27, 1968]

§ 500.735-106 Financial interests.

(a) An employee shall not:

(1) Have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his Government duties and responsibilities;

or

[blocks in formation]

An employee shall not directly or indirectly use, or allow the use of, Government property of any kind, including property leased to the Government, for other than officially approved activities. An employee has a positive duty to protect and conserve Government property, including equipment, supplies, and other property entrusted or issued to him. § 500.735-108 Misuse of information.

For the purpose of furthering a private interest, an employee shall not, except as provided in § 500.735-105(c), directly or indirectly use, or allow the use of, official information obtained through or in connection with his Government employment which has not been made available to the general public. § 500.735-109

Indebtedness.

An employee shall pay each just financial obligation in a proper and timely manner, especially one imposed by law such as Federal, State, or local taxes. For the purpose of this section, a “just financial obligation” means one acknowledged by the employee or reduced to judgment by a court, and "in a proper and timely manner" means in a manner which the Commission determines does not, under the circumstances, reflect adversely on the Government as his employer. In the event of dispute between an employee and an alleged creditor, this section does not require the Commission to determine the validity or amount of the disputed debt.

§ 500.735-110 Gambling, betting, and lotteries.

An employee shall not participate, while on Government-owned or leased property or while on duty for the Government, in any gambling activity including the operation of a gambling device, in conducting a lottery or pool, in a game for money or property, or in selling or

[blocks in formation]

(a) The Chairman of the Commission shall, from time to time, designate an employee in whom he has complete personal confidence to be the counselor for the Commission and to serve as the Commission's designee to the Civil Service Commission on matters covered by this Part 500. The counselor shall be responsible for coordination of the Commission's counseling services provided under paragraph (b) of this section and for assuring that counseling and interpretations on questions of conflicts of interest and other matters covered by this Part 500 are available to deputy counselors designated under paragraph (b) of this section.

(b) The Chairman of the Commission shall also designate one or more deputy counselors, as required, for the Commission's employees and Special Government Employees. Deputy counselors designated under this section shall be qualified and in a position to give authoritative advice and guidance to each employee and Special Government Employee who seeks advice and guidance on questions of conflicts of interest and on other matters covered by this Part 500.

(c) Notification to existing employees and Special Government Employees of the Commission of the availability of such counseling services, including how and where available, shall be made by delivery of glossed copies of this Part 500 to each employee or Special Government Employee within 90 days after approval of this Part 500. Notification to employees and Special Government Employees who enter on duty after 90 days after approval of this Part 500 shall be made by delivery of glossed copies of this Part 500 when such employee or Special Government Employee reports for his first work day.

§ 500.735-113 Miscellaneous statutory provisions.

Each employee shall acquaint himself with each statute or portion thereof that relates to his ethical and other conduct as an employee of the Commission and of the Government. The attention of all employees is directed to the following statutory provisions:

(a) House Concurrent Resolution 175, 85th Congress, 2d Session, 72 Stat. B12, the "Code of Ethics for Government Service".

(b) Chapter 11 of Title 18, United States Code, relating to bribery, graft, and conflicts of interest, as appropriate to employees of the Commission.

(c) The prohibition against lobbying with appropriated funds (18 U.S.C. 1913). (d) The prohibitions against disloyalty and striking (5 U.S.C. 7311; 18 U.S.C. 1918).

(e) The prohibition against the employment of a member of a Communist organization (50 U.S.C. 784).

(f) The prohibitions against (1) the disclosure of classified information (18 U.S.C. 798; 50 U.S.C. 783) and (2) the disclosure of confidential information (18 U.S.C. 1905).

(g) The provision relating to the habitual use of intoxicants to excess (5 U.S.C. 7352).

(h) The prohibition against the misuse of a Government vehicle (31 U.S.C. 638a(c)).

(i) The prohibition against the misuse of the franking privilege (18 U.S.C. 1719).

(j) The prohibition against the use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917).

(k) The prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001).

(1) The prohibition against mutilating or destroying a public record (18 U.S.C. 2071).

(m) The prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).

(n) The prohibitions against (1) embezzlement of Government money or property (18 U.S.C. 641), (2) failing to account for public money (18 U.S.C. 643), and (3) embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654).

(0) The prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285).

(p) The prohibitions against political activities in subchapter III of Chapter 73 of Title 5, United States Code, and in 18 U.S.C. 602, 603, 607, and 608.

(q) The prohibition against an employee acting as the agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219). (r) The prohibition against any Commissioner of the Commission engaging in other business during his term of office or representing any Indian tribe, band, or group within two years after termination of his term of office (25 U.S.C. 70b (c)).

[blocks in formation]

(a) Any violation of the regulations contained in this Part 500 or the Miscellaneous Statutory Provisions incorporated therein by reference may be cause for appropriate disciplinary action. Such disciplinary action may be in addition to any penalty prescribed by law.

(b) In the event that the violation is a conflict of interest or an apparent conflict of interest and the Commission concludes that remedial action is required, immediate action shall be taken to end the conflict or appearance of conflict of interest.

(c) Remedial action may include, but is not limited to:

(1) Changes in assigned duties; (2) Divestment by the employee or Special Government Employee of his conflicting interest;

(3) Disciplinary action; or

(4) Disqualification for a particular assignment.

(d) Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive Orders, and regulations. § 500.735-115

Conduct of special gov

ernment employees.

(a) Special Government Employees shall adhere to the standards of conduct made applicable to employees by the Commission's regulations contained in §§ 500.735-103, 500.735–104, and 500.735106 through 500.735-112.

(b) A Special Government Employee shall not use his Government employment for a purpose that is, or gives the appearance of being, motivated by the desire for private gain for himself or

another person, particularly one with whom he has family, business, or financial ties.

(c) A Special Government Employee shall not use inside information obtained as a result of his Government employment for private gain for himself or another person either by direct action on his part or by counsel, recommendation, or suggestion to another person, particularly one with whom he has family, business, or financial ties. For the purpose of this subsection, "inside information" means information obtained under Government authority which has not become part of the body of public information.

(d) Special Government Employees may teach, lecture, or write in a manner not inconsistent with § 500.735-105(c).

(e) A Special Government Employee shall not use his Government employment to coerce, or give the appearance of coercing, a person to provide financial benefit to himself or another person, particularly one with whom he has family, business, or financial ties.

(f) Except as provided in § 500.735115(d), a Special Government Employee, while so employed or in connection with his employment, shall not receive or solicit from a person having business with this Commission anything of value as a gift, gratuity, loan, entertainment, or favor for himself or another person, particularly one with whom he has family, business, or financial ties.

(g) Excepted from the "gift, gratuity, loan, entertainment, or favor" categories of 500.735-115(f) are the items detailed in §§ 500.735-104(b) (1) through 500.735-104(b) (4).

(h) Each Special Government Employee shall acquaint himself with each statute that relates to his ethical and other conduct as a Special Government Employee of the Commission and of the Government. The Commission will alert each Special Government Employee to the regulations contained in this Part 500 and such statutes as relate to the ethical and other conduct of Special Government Employees by making available to such Special Government Employees glossed copies of this Part 500. § 500.735-116 Statements of outside employment and financial interests; format.

Statements of outside employment and financial interests required of certain employees and Special Government Employees by § 500.735-117 shall contain the

« ForrigeFortsett »