Transcript Slide 1

ETHICS TRAINING
Outside Activities
Fund Raising
Hatch Act
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OUTSIDE ACTIVITES
Crime – 18 USC 201, 203, & 205
Regulations - 5 CFR 2635 (JER)
Appearances – 5 CFR 2635 (JER)
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Outside Activities (JER)
BASIC RULE: An employee shall not engage in outside
employment or any other outside activity that conflicts
with his official duties.
An activity conflicts with an employee's official duties:
(a) If it is prohibited by statute or by an agency
supplemental regulation; or
(b) If, under the standards set forth in Sec. 2635.402
and 2635.502, it would require the employee's
disqualification from matters so central or critical to the
performance of his official duties that the employee's
ability to perform the duties of his position would be
materially impaired.
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Outside Teaching, Speaking and
Writing
• 5 U.S.C. § 2635.807
• An employee may not accept compensation
from a nonfederal source for teaching,
speaking or writing that relates to official
duties.
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Outside Teaching, Speaking and
Writing
• Teaching, speaking or writing relates to
official duties when:
– Activity is undertaken as part of employee’s official
duties.
– Invitation is extended because of position rather than
expertise on the subject matter or by person whose
interests may be affected by employee’s official duties.
– Uses nonpublic information.
– Deals with matter to which employee assigned during
the past one-year period.
– Is ongoing policy, program or operation.
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Outside Teaching, Speaking and
Writing
• May not use nonpublic information for
personal teaching, speaking and/or writing.
• Prior security and public affairs clearance of
material relating to national security issues.
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Outside Teaching, Speaking and
Writing
• Use of government title - May identify
yourself in connection with personal
teaching, speaking or writing if the
reference to the position is:
– Only one of several biographical details, and
– No more prominent than other significant
biographical details.
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Outside Teaching, Speaking and
Writing
• What if you are giving an uncompensated
speech at a seminar on national defense?
Since you may identify yourself by your
_____ position, might the audience think
that you are expressing the Department’s
position?
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Outside Teaching, Speaking and
Writing
• Rule - Whenever you are identified by your
____ position in connection with personal
teaching, speaking, or writing that deals in
significant part with an ongoing or
announced ____ policy, program, or
operation, you will need to make a
disclaimer.
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Outside Teaching, Speaking and
Writing
• You must state that the views presented
are yours and do not necessarily represent
the views of ____. If the disclaimer is for
an oral presentation, you may give it orally
as long as you do so at the beginning of
the presentation. If the disclaimer is for
writing, it must be printed in a prominent
place in the writing itself.
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Part-time Employment
• Approval of outside part-time employment
is a supervisor function.
• Outside part-time employment by a
defense contractor or other "prohibited
source" requires submitting a
disqualification notice.
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10. Outside Employment
Before you take that second
job, please fill out an outside
employment form and submit it
to your supervisor. The forms
are available on the ethics
website.
[insert website]
If you are required to file a financial disclosure
report, you will need to submit the outside
employment form to the Office of Ethics.
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Part-time Employment/Activity
• No government resources (including official time,
government computers, photocopy machines,
fax machines, etc.) may be used for seeking or
engaging in any part-time employment or other
commercial endeavor.
• Government office telephone numbers and email addresses may not be provided as contact
information for seeking or engaging in
commercial endeavors, and government offices
may not be used to receive mail for personal
commercial endeavors.
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Fundraising in an Official
Capacity
An employee may participate in fundraising in
an official capacity if, in accordance with a
statute, Executive order, regulation or otherwise
as determined by the agency, he is authorized
to engage in the fundraising activity as part of
his official duties. When authorized to
participate in an official capacity, an employee
may use his official title, position and authority.
5 CFR 2635.808.
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Fundraising in an Official Capacity
• Section 4 of Executive Order 12353: "only one
annual solicitation except in cases of
emergency or disaster appeals for which
specific provision shall be made by the Director
[of OPM]."
• "The CFC is the only authorized charitable
fundraising drive in the Federal workplace . . .
No other fundraising drive may be conducted in
the Federal workplace without the express
written permission of the Director [of OPM]." 5
C.F.R. § 950.102(a).
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THE HATCH ACT
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The Hatch Act
• The Hatch Act of 1939 is a United States
federal law whose main provision is to
prohibit federal employees from engaging
in partisan political activity.
• Named after Senator Carl Hatch of New
Mexico, the law was officially known as An
Act to Prevent Pernicious Political
Activities.
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The term "political activity" refers to any activity you engage in related
to politics or an election. Of course, you have the right to register and
vote in any election, but — because you are a Federal employee —
there may be restrictions on your other political activities.
The law that
governs your
participation is
called the Hatch Act.
It distinguishes
between two types
of activities; partisan
and nonpartisan.
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Federal employees must
scrupulously comply with the Hatch
Act restrictions because the
presumptive penalty for a knowing
violation is removal and the minimum
penalty is a 30-day suspension
without pay.
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Examples of prohibited political
activities:
• Buttons, posters, coffee mugs, mouse pads in the
workplace with the following messages:
“Vote for _____”
“I support _____”
“Register for _____” (a particular political party).
Having more than one partisan bumper sticker on
a vehicle in a government parking lot.
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HATCH ACT Do’s & Don’ts
• YOU may:
– Run for non-partisan political office.
– Register to vote and assist at voter registration
drives.
– Attend fundraisers, express personal opinions.
– Volunteer on a campaign.
– Display bumper stickers, signs, etc.
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Hatch Act Do’s & Don’ts
• YOU may NOT:
– Allow your name to be used in fundraising for a partisan
political campaign.
– Participate in a fundraising phone bank for a partisan
political campaign. (Basically, you should stay away
from the money).
– Raise money for non fellow union members.
– Send E-mail that amounts to electronic leafleting.
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For more information on the Hatch Act
see: http://www.osc.gov/hatchact.htm
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Questions?
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