ETHICS TRAINING Outside Activities Fund Raising Hatch Act

1. ETHICS TRAINING Outside Activities Fund Raising Hatch Act

2. OUTSIDE ACTIVITESCrime – 18 USC 201, 203, & 205 Regulations - 5 CFR 2635 (JER)Appearances – 5 CFR 2635 (JER)

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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?

9. 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.

10. 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.

11. 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.

12. 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.

13. 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 e-mail 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.

14. 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.

15. 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).

16. THE HATCH ACT

17. 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 SenatorCarl Hatch of New Mexico, the law was officially known as An Act to Prevent Pernicious Political Activities.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. For more information on the Hatch Act see: http://www.osc.gov/hatchact.htm

25. Questions?