居合道

Employee Standards of Conduct

In 1989, the President’s Commission on Federal Ethics Law Reform recommended that individual agency standards of conduct be replaced with a single regulation applicable to all employees of the executive branch. Acting upon that recommendation, President Bush signed Executive Order 12674 on April 12, 1989. That Executive Order (as modified by Executive Order 12731) set out fourteen basic principles of ethical conduct for executive branch personnel and directed OGE to establish a single, comprehensive, and clear set of executive branch standards of ethical conduct. OGE published the Standards of Ethical Conduct for Employees of the Executive Branch on August 7, 1992. The regulation became effective on February 3, 1993, and was codified in 5 C.F.R. Part 2635. Part 2635 has been amended several times. Review the rulemaking history.
Note: Some agencies have published agency supplemental regulations that modify or supplement 5 C.F.R. Part 2635.

Subpart E – Impartiality in Performing Official Duties

There may be circumstances other than those covered by Subpart D in which employees should not perform official duties in order to avoid an appearance of loss of impartiality. Subpart E contains two disqualification provisions addressing those appearance issues.
The first provision, entitle “Personal and business relationships,” states that employees should obtain specific authorization before participating in certain Government matters where their impartiality is likely to be questioned. The matters specifically covered by this standard include those:

• Involving specific parties, such as contracts, grants, or investigations, that are likely to affect the financial interests of members of employees’ households; or
• In which persons with whom employees have specific relationships are parties or represent parties. This would include, for example, matters involving recent employers, employers of spouses or minor children, or anyone with whom the employees have or seek a business or financial relationship.

There are procedures by which employees may be authorized to participate in such matters when it serves the employing agency’s interests. The process set out in Subpart E should be used to address any matter in which an employee’s impartiality is likely to be questioned.
The second provision, entitled “Extraordinary payments from former employers,” restricts employees’ participation in certain matters involving former employers. If a former employer gave an employee an “extraordinary payment” in excess of $10,000 prior to entering Federal service, it bars the employee from participating for two years in matters in which that former employer is a party or represents a party. A $25,000 payment voted on an ad hoc basis by a board of directors would be an “extraordinary payment.” A routine severance payment made under an established employee benefit plan would not.

Subpart G – Misuse of Position

Subpart G contains four provisions designed to ensure that employee do not misuse their official positions. These include:

• A prohibition against employees using public office for their own private gain for the private gain of friends, relatives, or persons with whom they are affiliated in a non-Government capacity, or for the endorsement or any product, service, or enterprise;
• A prohibition against engaging in financial transactions using nonpublic information, or allowing the improper use of nonpublic information to further private interests;
• An affirmative duty to protect and conserve Government property and to use Government property only for authorized purposes; and
• A prohibition against using official time other than in an honest effort to perform official duties and a prohibition against encouraging or requesting a subordinate to use official time to perform unauthorized activities.

Subpart H – Outside Activities

Subpart H contains provisions governing employees’ involvement in outside activities including outside employment. These provisions are in addition to the provisions set out in other parts of the regulation. The provisions in Subpart H include:

• Synopses of statutes and a constitutional provision that may limit certain outside activities;
• A prohibition against engaging in outside activities that conflict with employees’ official duties;
• Authority by which individual agencies may require employees to obtain approval before engaging in outside activities;
• An outside earned income ban applicable to certain Presidential appointees and certain noncareer employees;
• A prohibition against serving as an expert witness, other than on behalf of the United States, in certain proceedings in which the United States is a party or has a direct and substantial interest;
• A prohibition against receiving compensation for teaching, speaking, or writing related to their official duties;
• Limitations on fundraising in a personal capacity; and
• A requirement that employees satisfy their just financial obligations.