Imágenes de páginas

rassment to the Selective Service Sys- the United States and is subject to all tem.

of the prohibitions imposed by the con(c) Employees shall observe the ap- flict-of-interest laws.) plicable laws and regulations governing (e) "Uniformed services" has the participation in political activities; avoid meaning given that term by section any discrimination because of race, color, 101(3) of title 37 of the United States religion, national origin, or sex; eco- Code, which states that “'uniformed nomically utilize, protect, and conserve services' means the Army, Navy, Air Federal property entrusted to them; and Force, Marine Corps, Coast Guard, Coast conduct all their official activities in a and Geodetic Survey, and Public Health manner which is above reproach and Service." free from any indiscretions or acceptance

§ 1600.735–3 Applicability to members of gratuities or favors which would cast

of the uniformed services. doubt or suspicion upon themselves or the administration of the Selective Sery- The Executive order applies to all offiice System.

cers and employees in the executive

branch but the Civil Service regulations 8 1600.735_2 Definitions.

(5 CFR Part 735) and the regulations The following definitions shall govern in this part do not. Separate regulations in this interpretation of regulations in containing essentially the same provithis part.

sions will be published by the agencies (a) “Employee" means an officer or having jurisdiction over the members employee of the Selective Service Sys- of the uniformed services. tem including uncompensated persons,

$ 1600.735 4. Informing employees of but does not include a special Govern

standards of conduct. ment employee or a member of the uniformed services.

(a) The provisions of this part and (b) “Executive order” means Execu

available counseling service shall be

brought to the attention of all compentive Order 11222 of May 8, 1965.

sated and uncompensated employees and (c) “Person" means an individual, a

special Government employees of the corporation, a company, an association,

Selective Service System immediately a firm, a partnership, a society, a joint

after this part is issued and semiannually stock company, or any other organization

thereafter. New employees and special or institution.

Government employees shall be informed (d) “Special Government employees"

thereof at the time of their appointment. means a “special Government employee"

A copy of this part shall be kept peras defined in section 202 of title 18 of the

manently posted on all bulletin boards United States Code who is employed in

and a copy shall be given to each em. the executive branch, but does not in

ployee and special Government employee. clude a member of the uniformed serv

(b) A presentation on “ethics in ices. Excluding a person in the uni

government” shall be included in orienformed services, that section covers an

tation programs for new employees, in officer or employee who is appointed or

supervisory training courses, and in employed, with or without compensation,

staff training conferences. to perform temporary duties, either on a full-time or intermittent basis, for not

$ 1600.735–5 Counseling service. more than 130 days in any period of 365 (a) The Director of Selective Service consecutive days. (For the benefit of Re- shall designate a counselor for the serve and National Guard Officers it Selective Service System to serve as the should be noted that under that section designee to the Civil Service Commission & Reserve or National Guard Oficer, un- on matters covered by the regulations in less otherwise an officer or employee of this part. The counselor shall be responthe United States, is classified as a special sible for coordination of the counseling Government employee while on active service as provided in paragraph (b) of duty solely for training and if serving on this section and for assuring that active duty involuntarily is classified as counseling and interpretations on quesa special Government employee during tions of conflicts of interest and other the whole period of his involuntary matters covered by this part are available service. A Reserve or National Guard to deputy counselors. Oficer who is involuntarily serving a (b) The Director of Selective Servperiod of extended active duty in excess ice shall designate deputy counselors for of 130 days is classified as an officer of the Selective Service System. Deputy


counselors shall 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. $ 1600.735–6 Reviewing statements and

reporting conflicts of interest. All statements of employment and financial interests submitted under § 1600.735-62 shall be forwarded to the Director of Selective Service through the counselor. The employee or special Government employee shall be given an opportunity to explain any conflict of interest or any appearance of conflict. $ 1600.735–7 Disciplinary and other

remedial action. (a) In addition to any penalty prescribed by law appropriate disciplinary action shall be taken or initiated by the superiors of employees and special Government employees who violate laws, rules, or regulations conduct or fail to observe the standards of conduct prescribed in this part.

(b) When, after consideration of the explanation of the employee or special Government employee provided by § 1600.735–6, the Director of Selective Service decides that remedial action is required, he shall take immediate action to end the conflicts or appearance of conflicts of interest. 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. Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, executive orders, and regulations. Subpart B-Ethical and Other Conduct

and Responsibilities of Employees $ 1600.735–20 Proscribed actions.

An employee shall avoid any action, whether or not specifically prohibited by this subpart, which might result in, or create the appearance of:

(a) Using public office for private gain;

(b) Giving preferertial treatment to any person;

(c) Impeding Government efficiency or economy;

(d) Losing complete independence or impartiality;

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

(f) Affecting adversely the confidence of the public in the integrity of the Government. $ 1600.735-21 Gifts, entertainment, and

favors. (a) Employees of the Selective Seryice System shall not solicit or accept, directly or indirectly, anything of economic value as a gift, gratuity, favor, entertainment, or loan which is, or may appear to be, designed to in any manner influence official conduct particularly from a person who:

(1) Is seeking to obtain contractual or other business or financial relations with the Selective Service System; or

(2) Has interests that may be substantially affected by the performance or nonperformance of this duty. No gift shall be accepted whenever the employee has any reason to believe that it would not have been made except for his official position or that the donor's private interests are likely to be affected by his actions or actions of the Selective Service System.

(b) Appropriate exceptions to paragraph (a) of this section include those that:

(1) Govern obvious family or personal relationships (such as those between the parents, children, or spouse of the employee and the employee) when the circumstances make it clear that: is those relationships rather than the business of the persons concerned which are the motivating factors;

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

(3) Permit acceptance of loans from banks or other financial institutions on customary terms to finance proper and usual activities of employees, such as home mortgage loans; and

(4) Permit acceptance of unsolicited advertising or promotional material, such as pens, pencils, note pads, calen

dars, 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 as a gift 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 · 1600.735– 22 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 agency orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967. $ 1600.735–22 Outside employment and

other 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 from a private source as compensation for his services to the Government.

(c) Employees are encouraged to engage in teaching, lecturing, and writing that is not prohibited by law or this part. 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 Civil Service Commission or Board of Examiners for the Foreign Service, that is dependent 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 Director of Selective Service gives written authorization for the use of nonpublic information on the basis that the use is in the public interest. [32 F.R. 14947, Oct. 28, 1967, as amended by Amdt. 113, 34 F.R. 5293, Mar. 15, 1969] § 1600.735-23 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

(2) Engage in, directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through his Government employment.

(b) This section does not preclude an employee from having a financial interest or engaging in financial transactions to the same extent as a private citizen not employed by the Government so long as it is not prohibited by law or the provisions of this part. $ 1600.735-24 Use of Government prop

erty. 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. $ 1600.735–25 Misuse of information.

Employees shall not disclose official information without either appropriate general or specific authority under regulations of the Selective Service System, and shall not, directly or indirectly, make use of, or permit others to make use of, official information in the possession of the Selective Service System, not made available to the general public, for the purpose of furthering a private interest. Nothing in this section shall be construed as directing any employee to withhold unclassified information from the press or public. This section is intended solely to limit prior distribution of confidential information to an individual or group of individuals where the possession of such information would give the individual or individuals advantages not accorded to other citizens. $ 1600.735–26 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 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 an agency to determine the validity or amount of the disputed debt. § 1600.735–27 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 purchasing a numbers slip or ticket. $ 1600.735–28 General conduct preju.

dicial to the Government. An employee shall not engage in crimi. nal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government. The use of intoxicants in any space occupied by the Selective Service System is prohibited. $ 1600.735–29 Miscellaneous statutory

provisions. Each employee shall acquaint himself with the statutes relating to his ethical and other conduct as an employee including:

(a) House Concurrent Resolution 175, 85th Congress, 2d session, 72 Stat. B12, the “Code of Ethics for Government Service”. (Appendix C to this part.)

(b) Parts of Chapter 11 of title 18, United States Code relating to bribery, graft, and conflicts of interests. (Appendix A to this part.)

(c) Other laws concerning the conduct of employees. (Appendix B to this part.) Subpart C-Ethical and Other Con

duct and Responsibilities of Special

Government Employees $ 1600.735–41 Applicable regulations.

The ethical and other conduct of special Government employees shall be governed by this subpart and such other provisions of this part as may be specifically applicable. $ 1600.735-42 Use of Government em

ployment. A special Government employee shall not use his selective service 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. $ 1600.735–43 Use of inside informa

tion. (a) A special Government employee shall not use inside information obtained as a result of his selective service 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 part, “inside information" means Information obtained under Government authority which has not become part of the body of public information.

(b) Special Government employees may teach, lecture, or write in a manner not inconsistent with $ 1600.735–22 in regard to employees. § 1600.735–44 Coercion.

A special Government employee shall not use his selective service 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.

$ 1600.735–45 Gifts, entertainment, and

favors. (a) Except as provided in paragraph (b) of this section, a special Government employee, while so employed or in connection with his employment, shall not receive or solicit from a person having business with his agency 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.

(b) Special Government employees are subject to such appropriate exceptions as are authorized for employees in $ 1600.735–21. $ 1600.735–46 Miscellaneous statutory

provisions. Each special Government employee shall acquaint himself with the statutes relating to his ethical and other conduct referred to in § 1600.735–29. Subpart D-Regulations Governing

Statements of Employment and Fi

nancial Interests $ 1600.735–61 Form and content of

statements. The statements of employment and financial interests required under this subpart for use by employees and special Government employees shall contain the information required by the Commission in the Federal Personnel Manual. 8 1600.735-62 Employees required to

submit statements. Except as provided in § 1600.735-63, the Director of Selective Service shall require statements of employment and financial interests from the following:

(a) The Deputy Director of Selective Service.

(b) The Assistant Director of Selective Service.

(c) The Assistants to the Director of Selective Service.

(d) The General Counsel.

(e) The Chief Legislative and Liaison Officer.

(f) The Chief Medical Officer.
(g) The Chief Planning Officer.
(h) The Adjutant General.
(i) The Public Information Officer.

(j) The Chief, Administrative Division.

(k) The Chief, Manpower Division.

(1) The Chief, Fiscal and Procurement Division.

(m) The Chief, Communications and Records Division.

(n) The Chief, Research and Statistics Division.

(0) The Chief, Field Division.
(p) Regional Field Officers.
(q) The Security Control Officer.

(r) The Assistant Security Control Oficer.

(s) The Personnel Security Officer.

(t) The Assistant Personnel Security Officer.

(u) Each State Director of Selective Service.

(v) Employees paid at a level of the Executive Schedule in Subchapter II of Chapter 53 of title 5, United States Code. Other positions may be designated from time to time by the Director of Selective Service. $ 1600.735–62a Employee's complaint

on filing requirement. An employee required to submit a statement under the provisions of this part who believes that his position has been improperly included under $ 1600.735–62 may have the decision to include the position reviewed under the Selective Service grievance procedures. $ 1600.735–63 Employees not required

to submit statements. A statement of employment and financial interests is not required by this subpart from an agency head, a Presidential appointee in the Executive Office of the President who is not subordinate to the head of an agency in that Office, or a full-time member of a committee, board, or commission appointed by the President. These employees are subject to separate reporting requirements under section 401 of the Executive order. $ 1600.735–64 Time and place for sub

mission of employees' statements. An employee required to submit a statement of employment and financial interests under the provisions of this part shall submit that statement to the Director of Selective Service not later than:

(a) Ninety days after the effective date of this part if employed on or before that effective date;

(b) Thirty days after his entrance on duty, but not earlier than ninety days after the effective date, if appointed after that effective date.

[ocr errors]


« AnteriorContinuar »