va employee code of conduct{ keyword }

. Displaying title 5, up to date as of 7/06/2023. If, however, the request is for the recommendation of a personal friend with whom he has not dealt in the Government, the employee should not use official stationery or sign the letter of recommendation using his official title, unless the recommendation is for Federal employment. (5) Is an organization a majority of whose members are described in paragraphs (d)(1) through (4) of this section. Relationship with beneficiaries and claimants. user convenience only and is not intended to alter agency intent 371). These are aspirational goals that VA wants its employees, veterans, and the American people to associate with the Department and with its workforce. The employee may not continue to serve as president of a nonprofit environmental organization that routinely submits comments on such regulations. Thus, the company banquet would not qualify as a widely attended gathering under those circumstances either. Federal Labor Relations Authority decisions concerning Federal employee unfair labor practices are not a specific program or operation of the Department of Commerce and thus do not relate to the employee's official duties. Attendees and organizations looking to participate can find current details and ongoing information updates by clicking (2) Imputed interests. The biologist may continue to receive compensation for speaking, teaching and writing about marine life generally and coral reefs specifically. During an official visit to a factory operated by a well-known athletic footwear manufacturer, an employee of the Department of Labor is offered a commemorative pair of athletic shoes manufactured at the factory. (m) Supplemental agency regulation means a regulation issued pursuant to 2635.105. It also addresses integrity with respect to caring for patients on matters such as quality of care and patients rights. The entry fee is $500 per foursome. 207, is contained in part 2641 of this chapter. The Federal Acquisition Regulation in 48 CFR parts 3, 14 and 15 restricts the release of information related to procurements and other contractor information that must be protected under 18 U.S.C. (1) Notification. One of these individuals works for a contractor that provides language services to the Peace Corps. 208(b)(1) or (3), or by a regulatory exemption under the authority of 18 U.S.C. See also part 2640 of this chapter, for additional guidance amplifying 2635.402. All employees are expected to cooperate with any investigation conducted by the DVA, DAS EEO, or authorized agents involving violations of this policy. will bring you directly to the content. Act with integrity in all relationships. However, an employee may elect to create a record of his actions by providing written notice to a supervisor or other appropriate official. An employee need not file a written disqualification statement unless he is required by part 2634 of this chapter to file written evidence of compliance with an ethics agreement with the Office of Government Ethics or is specifically asked by an agency ethics official or the person responsible for his assignment to file a written disqualification statement. Examination of a member bank could have no effect on an employee's fixed obligation to repay a loan from that bank and, thus, would not affect an employee's financial interests so as to require disqualification under 2635.402. (k) The prohibition against solicitation or receipt of gifts from specified prohibited sources (5 U.S.C. XVaJ~HGGCZGD b ;8a$fF) U T(A52d*:0|Xfi 8> Sc3$K&&L?2`hk#[+Q7!Q~,+A? CT11 X However, it is often prudent for an employee to create a record of his or her actions by providing written notice to an agency ethics official, a supervisor, or other appropriate official. (i) The prohibition against receiving salary or any contribution to or supplementation of salary as compensation for Government service from a source other than the United States (18 U.S.C. All other violations are to be reported according to Section 8. In addition, the employee may also accept unsolicited offers of travel to and from the event provided to the employee and to members of the employee's family by the sponsor of the event. 7/7/2023 2.2-3104. Even though the employee has not personally had employment discussions with either company, each software company is her prospective employer. They are intended to establish one overarching set of guidelines that apply to all VA Administrations and staff offices, confirming the values already instilled in many VA employees and enforcing their commitment to provide the best experience possible to veterans, servicemembers, their families, caregivers, and survivors. Recusal is accomplished by not participating in the particular matter. (d) Nothing in this section prohibits an employee from serving as a fact witness when subpoenaed by an appropriate authority. App. The Secretary of the Navy may not enter the tournament with the understanding that the organization intends to attract participants by offering other entrants the opportunity, in exchange for a donation in the form of an entry fee, to spend the day playing 18 holes of golf in a foursome with the Secretary of the Navy. 2103, which is applicable to agency officials involved in certain procurement matters. A gathering is widely attended if it is expected that a large number of persons will attend, that persons with a diversity of views or interests will be present, for example, if it is open to members from throughout the interested industry or profession or if those in attendance represent a range of persons interested in a given matter, and that there will be an opportunity to exchange ideas and views among invited persons. 1101 0 obj <>/Filter/FlateDecode/ID[<05DC22ECBF18374EAFA0B5CE373C324C>]/Index[1079 35]/Info 1078 0 R/Length 107/Prev 348468/Root 1080 0 R/Size 1114/Type/XRef/W[1 3 1]>>stream An employee who would otherwise be disqualified by 18 U.S.C. In contrast, his title may be used in this manner when the meteorologist is authorized by NOAA to speak in his official capacity. 7342. The official may not accept the offer. This subpart contains standards that prohibit an employee from soliciting or accepting any gift from a prohibited source or any gift given because of the employee's official position, unless the item is excluded from the definition of a gift or falls within one of the exceptions set forth in this subpart. FINANCIAL BENEFIT. An agency may delegate these authorities to any number of agency designees necessary to ensure that determinations are made, approvals are given, and other actions are taken in a timely and responsible manner. (1) Relationship to other limitations on receipt of compensation. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. An employee who is directed to divest an interest may be eligible to defer the tax consequences of divestiture under subpart J of part 2634 of this chapter. The employee may accept and retain travel promotional items, such as frequent flyer miles, received as a result of her official travel, to the extent permitted by 5 U.S.C. She is thus seeking employment with the university within the meaning of 2635.603(b)(1)(ii). (1) Gifts of tangible items. She mails an unsolicited letter to a member bank offering her services as a contract consultant. An employee of the Department of Energy who signs a letter soliciting funds for a local private school does not personally solicit funds when 500 copies of the letter, which makes no mention of his DOE position and title, are mailed to members of the local community, even though some individuals who are employed by Department of Energy contractors may receive the letter. 7321 through 7326, which govern the political activities of executive branch employees; and. (ii) A person who is a member of the employee's household, or who is a relative with whom the employee has a close personal relationship; (iii) A person for whom the employee's spouse, parent or dependent child is, to the employee's knowledge, serving or seeking to serve as an officer, director, trustee, general partner, agent, attorney, consultant, contractor or employee; (iv) Any person for whom the employee has, within the last year, served as officer, director, trustee, general partner, agent, attorney, consultant, contractor or employee; or. 1 CFR 1.1 Disqualification is accomplished by not participating in the matter. For purposes of applying the yearly $50 limitation on gifts of $20 or less from any one person, the four gifts must be aggregated because a person is defined at 2635.102(k) to mean not only the corporate entity, but its officers and employees as well. (a) Gifts to superiors. The employee may not accept the free invitation under this exception, even if his attendance could be determined to be in the interest of the agency. (2) An employee who is seeking employment with a person whose financial interests are not, to the employee's knowledge, affected directly and predictably by particular matters in which the employee participates personally and substantially has no obligation to recuse under this subpart. 0 4111, or the foreign gifts law, 5 U.S.C. Incident to the paper's publication in the Journal of the American Medical Association, the doctor may be given credit for the paper, as Dr. M. Wellbeing, Associate Director, Centers for Disease Control, provided that the article also contains a disclaimer, concurred in by the CDC, indicating that the paper is the result of the doctor's independent research and does not represent the findings of the CDC. The prosecution is a particular matter that involves specific parties. An employee of the Federal Deposit Insurance Corporation has been asked to give a speech in his private capacity, without compensation, to the annual meeting of a committee of the American Bankers Association on the need for banking reform. (d) Innovative. There is no statute of Governmentwide applicability prohibiting employees from holding or acquiring any financial interest. The Secretary of Transportation has been asked to serve as master of ceremonies for an All-Star Gala. 2302). Because the General Counsel is responsible for assigning work within the Office of General Counsel, he can, in fact, accomplish his recusal by simply avoiding any involvement in matters affecting the regulated entity. site when drafting amendatory language for Federal regulations: However, his title or position may not be used to promote the course, for example, by featuring the meteorologist's Government title, Senior Meteorologist, NOAA, in bold type under his name. Cross-reference to employee ethical and other conduct standards and financial disclosure regulations. (1) Except as provided in paragraph (a)(2) of this section or where the employee's participation has been authorized in accordance with 2635.605, the employee may not participate personally and substantially in a particular matter that, to the employee's knowledge, has a direct and predictable effect on the financial interests of a prospective employer with whom the employee is seeking employment within the meaning of 2635.603(b). Where an employee's official duties create a substantial likelihood that the employee may be assigned to a particular matter from which he is disqualified, the employee should advise his supervisor or other person responsible for his assignments of that potential so that conflicting assignments can be avoided, consistent with the agency's needs. Thus, for example, an individual who alleges that an employee has failed to adhere to laws and regulations that provide equal opportunity regardless of race, color, religion, sex, national origin, age, or handicap is required to follow applicable statutory and regulatory procedures, including those of the Equal Employment Opportunity Commission. A few other officials of the utility and their spouses or other guests are also invited, as is a representative of a consumer group concerned with utility rates and her spouse. An employee of the United States Trade and Development Agency is invited to attend a cocktail party hosted by a prohibited source. Solely because of her recent appointment to a Cabinet-level position, a Government official is invited by the Chief Executive Officer of a major international corporation to attend firm meetings to be held in Aspen for the purpose of addressing senior corporate managers on the importance of recreational activities to a balanced lifestyle. For one year after the termination of public employment or service, no state officer or employee shall, before the agency of . 208(a), from participating personally and substantially in an official capacity in any particular matter in which, to his knowledge, he or any person whose interests are imputed to him under this statute has a financial interest, if the particular matter will have a direct and predictable effect on that interest. We will continue working with our technology providers to assess our options for bringing you this information. The prohibitions set forth in 2635.302(a) and (b) do not apply to a gift given or accepted under the circumstances described in paragraph (a) or (b) of this section. An employee may accept meals, lodgings, transportation and other benefits: (1) Resulting from the business or employment activities of an employee's spouse when it is clear that such benefits have not been offered or enhanced because of the employee's official position; A Department of Agriculture employee whose spouse is a computer programmer employed by a Department of Agriculture contractor may attend the company's annual retreat for all of its employees and their families held at a resort facility. (c) A violation of this part or of supplemental agency regulations, as such, does not create any right or benefit, substantive or procedural, enforceable at law by any person against the United States, its agencies, its officers or employees, or any other person. An agency may prohibit or restrict an individual employee from acquiring or holding a financial interest or a class of financial interests based upon the agency designee's determination that the holding of such interest or interests will: (1) 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; or. (j) Gifts to the President or Vice President. (ii) Certifies in writing that the need for the individual's services outweighs the potential for a conflict of interest created by the otherwise disqualifying financial interest. endstream endobj startxref An employee shall not serve, other than on behalf of the United States, as an expert witness, with or without compensation, in any proceeding before a court or agency of the United States in which the United States is a party or has a direct and substantial interest, unless the employee's participation is authorized by the agency under paragraph (c) of this section. (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. Where contacts that constitute seeking employment are made by or with an agent or other intermediary, the term prospective employer means: (1) A person who uses that agent or other intermediary for the purpose of seeking to establish an employment relationship with the employee if the agent identifies the prospective employer to the employee; and. The cost of the encyclopedia is far in excess of $100. VA will make access to VA care, benefits, and memorial services smooth and easy. ADDITIONAL POLICIES AND WORK RULES APPLY. In addition to this policy regarding employee conduct, employees must adhere to the following DVA Policies which impact the DVA work environment: Prevention of Workplace Violence, Hostile Work Environment, and, Employees must abide by all state and federal confidentiality and privacy laws and regulations, including but not limited to the federal Health Information Portability and Accountability Act, as amended (HIPAA). However, they did not communicate further in their personal capacities, carry on extensive personal interactions, or meet socially outside of work. The official used her public office in an attempt to benefit her friend and, in acting as her friend's agent for the purpose of pursuing the export license with the Department of Commerce, may also have violated 18 U.S.C. (d) Accept a gift in violation of any statute; relevant statutes applicable to all employees include, but are not limited to: (1) 18 U.S.C. (4) The gift of meals, refreshments, or entertainment is from a person other than a foreign government as defined in 5 U.S.C. (c) Advance filing of notification and recusal statements. FRTIB Consistent application of this framework will ensure the integrity and trustworthiness that veterans and other stakeholders expect and deserve when veteran data is accessed, shared, or used. When a public filer has previously complied with the notification requirement in this section regarding the commencement of negotiations, the filer need not file a separate notification statement when an agreement of future employment or compensation is reached with the previously identified non-Federal entity. is available with paragraph structure matching the official CFR As part of its Work-Life Balance program, the bank has given each employee in the accountant's division two tickets to a professional basketball game and has urged each to invite a family member or friend to share the evening of entertainment. 58 FR 61814, Nov. 23, 1993, unless otherwise noted. (1) Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws and ethical principles above private gain. Nevertheless, the financial interests of the spouse's employer may be disqualifying under the impartiality principle, as implemented at 2635.502. Where the employee's conduct violates a criminal statute, reliance on the advice of an agency ethics official cannot ensure that the employee will not be prosecuted under that statute. State and Local Government Conflict of Interests Act. Supplemental agency regulations issued under this section are effective only after concurrence and co-signature by the Office of Government Ethics and publication in the Federal Register. Employee Discounts - DHRMWeb 1.4 Who must follow the Code of Integrity? The employee has engaged in negotiations regarding possible employment with the contractor. When practicable, an official is required to consult formally or informally with the Office of Government Ethics prior to granting a waiver referred to in paragraph (d)(2) or (3) of this section. The Air Force officials may not accept the gifts of free attendance because (a) the contractor, rather than the association, provided the cost of their attendance; (b) the contractor designated the specific employees to receive the gift of free attendance; and (c) the value of the gift exceeds $480 per employee. Although 31 U.S.C. (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. (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. Payment of dues or the donation or solicitation of financial support does not, in itself, constitute active participation. (s) The prohibition against employment of an individual who habitually uses intoxicating beverages to excess (5 U.S.C. An employee of the Bureau of Indian Affairs who has announced her intention to retire is approached by tribal representatives concerning a possible consulting contract with the tribe. These grants will provide funding for students and teachers around the country to learn about, memorialize, and share the stories of Veterans interred in NCA cemeteries. An employee of the Nuclear Regulatory Commission inadvertently includes a document that is exempt from disclosure with a group of documents released in response to a Freedom of Information Act request. Although the employee and the individual are connected through social media, the circumstances do not demonstrate that the gift was clearly motivated by a personal relationship, rather than the position of the employee, and therefore the employee may not accept the gift pursuant to paragraph (b) of this section. Transparency about breaches in data security, quality or integrity is also essential to promote trust and minimize impacts to veterans. (y) The restrictions on disclosure of certain sensitive Government information under the Freedom of Information Act and the Privacy Act (5 U.S.C. The employee may be described in his introduction at the meeting as an employee of the Federal Deposit Insurance Corporation provided that other pertinent biographical details are mentioned as well. (3) Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest. Since the employee is speaking officially and the expense payments are accepted under 31 U.S.C. .735-11 Other conduct on the job. It is a consolidated document with various references and points of contact for specific matters of integrity. This document outlines how VHA employees conduct themselves, how to treat others, and how to perform work with integrity at VHA. She thanks him for his compliment regarding her work and adds that she'll remember his interest if she ever decides to leave the Government. 208(a), the employee may not participate personally and substantially in a particular matter that, to the employee's knowledge, has a direct and predictable effect on the financial interests of a prospective employer. An employee is a member of a source selection team assigned to review the proposals submitted by several companies in response to an Army solicitation for spare parts. (2) Established program of recognition. The particular matters covered by this subpart include a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation or arrest. (3) Notwithstanding paragraph (b)(1) of this section, an employee who accepts a gift that qualifies for an exception under 2635.204 does not violate this subpart or the Principles of Ethical Conduct set forth in 2635.101(b). 208(a) may be permitted to participate in a particular matter where the otherwise disqualifying financial interest is the subject of a regulatory exemption or individual waiver described in this paragraph, or results from certain Indian birthrights as described in 18 U.S.C. (j) The prohibition against gifts to superiors (5 U.S.C. A-3. FERS A chemist employed by the Food and Drug Administration has been invited to the wedding of the lab director who is his official superior. VA measures these interactions through Ease, Effectiveness, and Emotion, all of which impact the overall trust the customer has in the organization. 201, 203, 205, 208, and 209, are summarized in the appropriate subparts of this part and must be taken into consideration in determining whether conduct is proper. An employee of the Occupational Safety and Health Administration is conducting an inspection of one of several textile companies to which he sent an unsolicited resume. An employee who has been authorized to participate in a particular matter involving specific parties may not thereafter disqualify himself from participation in the matter on the basis of an appearance problem involving the same circumstances that have been considered by the agency designee. Enhanced content is provided to the user to provide additional context. General Schedule It does not include meals taken other than in a group setting with all other attendees, unless the employee is a presenter at the event and is invited to a separate meal for participating presenters that is hosted by the sponsor of the event. Definitions. (f) Designated agency ethics official refers to the official designated under 2638.201 of this chapter. A GS14 attorney at the Federal Trade Commission (FTC) who played a lead role in a recently concluded merger case is invited to speak about the case, in his private capacity, at a conference in New York. Prior to award of the contract, bid or proposal information is nonpublic information specifically protected by 41 U.S.C. (h) Employee means any officer or employee of an agency, including a special Government employee. Any provision that requires a determination, approval, or other action by the agency designee shall, where the conduct in issue is that of the agency head, be deemed to require that such determination, approval or action be made or taken by the agency head in consultation with the designated agency ethics official. Treat all persons in an evenhanded, respectful, and courteous manner. Veterans must be able to request amendments to information in their VA records if they feel it is untimely, inaccurate, incomplete, or not relevant. INSTRUCTION: This policy is to be posted in prominent areas accessible to all employees of the DVA. As a Where the agency designee determines that the employee's participation should not be authorized, the employee will be disqualified from participation in the matter in accordance with paragraph (e) of this section. The West Virginia Ethics Commission enforces and administers the West Virginia Governmental Ethics Act, which is a code of conduct for appointed and elected public officials and employees. The university may include the meteorologist's Government title and position together with other information about his education and previous employment in course materials setting forth biographical data on all teachers involved in the graduate program. hbbd```b``ak@$S$dF0Y ` 0i&HF[l-VD{@lGu;dXH&o kR Such use of the photocopier would violate the standards at 2635.704 regarding use of Government property. While at the contractor's headquarters, the head of the contractor's accounting division tells the employee that his division is thinking about hiring another accountant and asks whether the employee might be interested in leaving DCAA. (aa) The prohibition against disclosure of proprietary information and certain other information of a confidential nature (18 U.S.C. (6) Pension and other benefits resulting from continued participation in an employee welfare and benefits plan maintained by a current or former employer; (7) Anything which is paid for by the Government or secured by the Government under Government contract; An employee at the Occupational Safety and Health Administration is assigned to travel away from her duty station to conduct an investigation of a collapse at a construction site. (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. The employee may accept free attendance to the meeting under paragraph (b)(8) of this section because the employee has been assigned to present information at the meeting on behalf of the agency. There may be post-employment restrictions, known as revolving door prohibitions. (2) There is a personal relationship between the two employees that would justify the gift. These are adverse actions, other than major . 15, 1966, unless otherwise noted. Because of considerations relating to the conduct of their offices, including those of protocol and etiquette, the President or the Vice President may accept any gift on his or her own behalf or on behalf of any family member, provided that such acceptance does not violate 2635.205(a) or (b), 18 U.S.C. Employees are encouraged to consult with their ethics officials if they have any questions about how this subpart may apply to them. Organization and Purpose Except as provided in paragraph (c) of this section, an employee shall be disqualified for two years from participating in any particular matter in which a former employer is a party or represents a party if he received an extraordinary payment from that person prior to entering Government service. The cost of the employee's attendance will be considered to be provided by a person other than the sponsor of the event where such person designates the employee to be invited and bears the cost of the employee's attendance through a contribution or other payment intended to facilitate the employee's attendance.

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