500.735-108

500.735-109

Misuse of information.
Indebtedness.

500.735-110 Gambling, betting, and lotteries.

500.735-111 Prejudicial conduct.

500.735-112 Counseling and interpretations.

500.735-113 Miscellaneous statutory provisions.

500.735-114 Disciplinary action.

500.735-115 Conduct of special government employees.

500.735-116 Statements of outside employment and financial interests; format. 500.735-117 Same; employees included. 500.735-118 Same; contested inclusion. 500.735-119 Same; original and supplementary statements; when required. 500.735-120 Same; relatives' interests and information known to others. 500.735-121 Same; information prohibited. 500.735-122 Same; confidentiality of statements.

500.735-123 Same; effect on other requirements.

500.735-124 Statements of outside employment and financial interests; special government employees. 500.735-125 Statements of outside employment and financial interest; review. AUTHORITY: E.O. 11222 of May 8, 1965 (30 FR 6469), and Part 735 of Title 5, Code of Federal Regulations.

SOURCE: 32 FR 20855, Dec. 28, 1967, unless otherwise noted.

§ 500.735-101 Purpose.

The maintenance of unusually high standards of honesty, integrity, impartiality, and conduct by Government employees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. The avoidance of misconduct and conflicts of interest on the part of Government employees and special Government employees through in

formed judgment is indispensable to the maintenance of these standards. To accord with these concepts, this part sets forth the Commission's regulations covering its employees and special Government employees, prescribing standards of conduct and responsibilities, and governing statements reporting employment and financial interests.

§ 500.735-102 Definitions.

(a) "Commission" means the Indian Claims Commission.

(b) "Employee" means any Commissioner of the Indian Claims Commission, including the Chairman, and any individual employed by the Commission other than a Special Government Employee.

(c) "Executive Order" means Executive Order No. 11222 of May 8, 1965.

(d) "Special Government Employee" has the meaning given that term by section 202 of Title 18, United States Code.

§ 500.735-103 Proscribed actions.

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

(a) Using public office for private gain;

(b) Giving preferential 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.

(2) Conducts operations or activities over which the Commission exercised or may exercise jurisdiction; or

(3) Has interests that may be substantially affected by action or inaction of the Commission or any employee thereof.

(b) Excepted from the proscriptions contained in § 500.735-104 (a) are:

(1) Gifts motivated by obvious family or personal relationships;

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

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

(4) Acceptance of unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, 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 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 § 500.735105 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 Commission orders when reimbursement is proscribed by Decision B-128527 of the Comptroller General dated March 7, 1967.

§ 500.735-105 Outside employment; off-job 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 (18 U.S.C. 209).

(c) Employees are encouraged to engage in teaching, lecturing, and writing that is not prohibited by law, the Executive order, this part, or by agency regulations. 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 Commission or Board of Examiners for the Foreign Service, that depends 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 agency head gives written authorization for use of nonpublic information on the basis that the use is in the public interest. In addition an employee who is a Presidential appointee covered by section 401(a) of the Executive Order 11408 of April 25, 1968; shall not receive com

pensation or anything of monetary value for any consultation, lecture, discussion, writing, or appearance the subject matter of which is devoted substantially to the responsibilities, programs, or operations of his agency, or which draws substantially on official data or ideas which have not become part of the body of public information.

(d) [Reserved]

(e) This section does not preclude an employee from:

(1) Participation in the activities of national or State political parties not proscribed by law;

(2) Participation in the affairs of or acceptance of an award for a meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational public service, or civic organization; or

(3) Outside employment permitted under this part.

[32 FR 20855, Dec. 28, 1967, as amended at 33 FR 10715, July 27, 1968]

§ 500.735-106 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, the Executive order, or this part. § 500.735-107 Use of Government property.

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.

§ 500.735-108 Misuse of information.

For the purpose of furthering a private interest, an employee shall not, except as provided in § 500.735-105(c), directly or indirectly use, or allow the use of, official information obtained through or in connection with his Government employment which has not been made available to the general public.

§ 500.735-109 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 the Commission determines 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 the Commission to determine the validity or amount of the disputed debt.

§ 500.735-110 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. However, this section does not preclude activities under section 3 of Executive Order No. 10927 of March 18, 1961, and similar Commission-approved activities.

§ 500.735-111 Prejudicial conduct.

An employee shall not engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government.