(e) "Nonpartisan election" means— (1) An election at which none of the candidates is to be nominated or elected as representing a political party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected; and (2) An election involving a question or issue which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance, or any question or issue of a similar character; and (f) "Partisan" when used as an adjective refers to a political party. (g) "Political fund" means any fund, organization, political action committee, or other entity that, for purposes of influencing in any way the outcome of any partisan election, receives or expends money or anything of value or transfers money or anything of value to any other fund, political party, candidate, organization, political action committee, or other entity. (h) "Contribution" means any gift, subscription, loan, advance, deposit of money, allotment of money, or anything of value given or transferred by one person to another, including in cash, by check, by draft, through a payroll deduction or allotment plan, by pledge or promise, whether or not enforceable, or otherwise. (i) "Federal workplace" means any place, site, installation, building, room, or facility in which any Executive department or agency conducts official business, including, but not limited to, office buildings, forts, arsenals, navy yards, post offices, vehicles, ships, and aircraft. (j) "Employer" or "employing authority" means the immediate employing agency head, agency principals, or an employee's supervisor. [35 FR 16785, Oct. 30, 1970, as amended at 49 FR 17432, Apr. 24, 1984] PERMISSIBLE ACTIVITIES § 733.111 Permissible activities. (a) All employees are free to engage in political activity to the widest extent consistent with the restrictions imposed by law and this subpart. Each employee retains the right to— (1) Register and vote in any election; (2) Express his opinion as an individual privately and publicly on political subjects and candidates; (3) Display a political picture, sticker, badge, or button; (4) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization; (5) Be a member of a political party or other political organization and participate in its activities to the extent consistent with law; (6) Attend a political convention, rally, fund-raising function; or other political gathering; (7) Sign a political petition as an individual; (8) Make a financial contribution to a political party or organization; (9) Take an active part, as an independent candidate, or in support of an independent candidate, in a partisan election covered by § 733.124; (10) Take an active part, as a candidate or in support of a candidate, in a nonpartisan election; (11) Be politically active in connection with a question which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance or any other question or issue of a similar character; (12) Serve as an election judge or clerk, or in a similar position to perform nonpartisan duties as prescribed by State or local law; and (13) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise his efficiency or integrity as an employee or the neutrality, efficiency, or integrity of his agency. (b) Paragraph (a) of this section does not authorize an employee to engage in political activity in violation of law, while on duty, or while in a uniform that identifies him as an employee. The head of an agency may prohibit or limit the participation of an employee or class of employees of his agency in an activity permitted by paragraph (a) of this section, if participation in the activity would inter fere with the efficient performance of official duties, or create a conflict or apparent conflict of interests. PROHIBITED ACTIVITIES § 733.121 Use of official authority; prohibition. An employee may not use his official authority or influence for the purpose of interfering with or affecting the result of an election. § 733.122 Political management and political campaigning; prohibitions. (a) An employee may not take an active part in political management or in a political campaign, except as permitted by this subpart. (b) Activities prohibited by paragraph (a) of this section include but are not limited to (1) Serving as an officer of a political party, a member of a National, State, or local committee of a political party, an officer or member of a committee of a partisan political club, or being a candidate for any of these positions; (2) Organizing or reorganizing a political party organization or political club; (3) Directly or indirectly soliciting, receiving, collecting, handling, disbursing, or accounting for assessments, contributions, or other funds for a partisan political purpose; (4) Organizing, selling tickets to, promoting, or actively participating in a fund-raising activity of a candidate in a partisan election or of a political party, or political club; (5) Taking an active part in managing the political campaign of a candidate for public office in a partisan election or a candidate for political party office; (6) Becoming a candidate for, or campaigning for, an elective public office in a partisan election; (7) Soliciting votes in support of or in opposition to a candidate for public office in a partisan election or a candidate for political party office; (8) Acting as recorder, watcher, challenger, or similar officer at the polls on behalf of a political party or a candidate in a partisan election; (9) Driving voters to the polls on behalf of a political party or a candidate in a partisan election; (10) Endorsing or opposing a candidate for public office in a partisan election or a candidate for political party office in a political advertisement, a broadcast, campaign, literature, or similar material; (11) Serving as a delegate, alternate, or proxy to a political party convention; (12) Addressing a convention, caucus, rally, or similar gathering of a political party in support of or in opposition to a partisan candidate for public office or political party office; (13) Initiating or circulating a partisan nominating petition; (14) Soliciting, collecting, or receiving a contribution at or in the Federal workplace from any employee for any political party, political fund, or other partisan recipient; (15) Paying a contribution at or in the Federal workplace to any employee who is the employer or employing authority of the person making the contribution for any political party, political fund, or other partisan recipient; and (16) Soliciting, paying, collecting, or receiving a contribution at or in the Federal workplace from any employee for any political party, political fund, or other partisan recipient. [35 FR 16785, Oct. 30, 1970, as amended at 41 FR 49473, Nov. 9, 1976; 49 FR 17433, Apr. 24, 1984] § 733.123 Prohibited activity; exception of certain employees. (a) Sections 733.121 and 733.122 do not apply to an employee of an educational or research institution, establishment, agency, or system which is supported in whole or in part by the District of Columbia or by a recognized religious, philanthropic, or cultural organization. (b) Section 733.122 does not apply to (1) An individual exempted under section 7324(d) of title 5, United States Code; (2) An employee of The Alaska Railroad who resides in a municipality on the line of the railroad in respect to political activities involving that municipality; (3) Subject to the conditions of § 733.124, an employee who resides in a municipality or other political subdivision designated by OPM under that section; or (4) An employee who works on an irregular or occasional basis, on the days that he performs no services. § 733.124 Political management and political campaigning; exception of certain elections. (a) Section 733.122 does not prohibit activity in political management or in a political campaign by an employee in connection with (1) A nonpartisan election, or (2) Subject to the conditions and limitations established by OPM, an election held in a municipality or political subdivision designated by OPM under paragraph (b) of this section. (b) For the purpose of paragraph (a)(2) of this section, the Office may designate a municipality or political subdivision in Maryland or Virginia in the immediate vicinity of the District of Columbia or a municipality in which the majority of voters are employed by the Government of the United States, when the Office determines that, because of special or unusual circumstances, it is in the domestic interest of employees to participate in local elections. Information as to the documentation required to support a request for designation is furnished by the Office on request. The following municipalities and political subdivisions have been designated, effective on the date specified: IN MARYLAND Annapolis (May 16, 1941). Anne Arundel County (March 14, 1973). Chevy Chase, sections 1 and 2 (Mar. 4, 1941). Chevy Chase, section 3 (Oct. 8, 1940). Chevy Chase View (Feb. 26, 1941). Howard County (Apr. 25, 1974). North Brentwood (May 6, 1941). Prince Georges County (June 19, 1962). IN VIRGINIA Alexandria (Apr. 15, 1941). Loudoun County (Oct. 1, 1971). Manassas (Jan. 8, 1980). Manassas Park (Mar. 4, 1980) Portsmouth (Feb. 27, 1958). Prince William County (Feb. 14, 1967). OTHER MUNICIPALITIES Anchorage, Alaska (Dec. 29, 1947). Benicia, Calif. (Feb. 20, 1948). Bremerton, Wash. (Feb. 27, 1946). Centerville, Ga. (Sept. 16, 1971). Crane, Ind. (Aug. 3, 1967). may take an active part in political management and political campaigns in connection with partisan elections for local offices of the municipality or political subdivision, subject to the following limitations: (1) Participation in politics shall be as an independent candidate or on behalf of, or in opposition to, an independent candidate. (2) Candidacy for, and service in, an elective office shall not result in neglect of or interference with the performance of the duties of the employee or create a conflict, or apparent conflict, of interests. (5 U.S.C. 7701, et seq.) [35 FR 16785, Oct. 30, 1970] EDITORIAL NOTE: For Federal Register citations affecting § 733.124, see the List of CFR Sections Affected in the Finding Aids section of this volume. Subpart B-The Excepted Service § 733.201 Jurisdiction. Sections 733.111-733.124 apply to an employee in the excepted service. It is the responsibility of the employing agency to investigate and decide allegations of prohibited political activity on the part of such an employee. Subpart C-The U.S. Postal Service § 733.301 Jurisdiction. Sections 733.101 (c), (d), (e), and (f) through 733.124 apply to an employee of the U.S. Postal Service. (5 U.S.C. 7701, et seq.) [44 FR 48954, Aug. 21, 1979] PART 734-EXECUTIVE PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS District of Columbia (July 5, 1977). Subpart A-General Provisions 734.101 Authority. 734.102 Purpose. 734.103 Agency regulations. 734.104 Policies. 734.105 Definitions. Subpart B-Persons Required To File 734.201 General requirements for filing. 734.202 Reporting individual; defined. 734.203 Certain individuals excluded from reporting requirements. 734.204 Employment of sixty days or less. 734.205 Special waiver of reporting requirements. Subpart C-Contents of Reports 734.301 Reports of incumbents. 734.302 Reports of other reporting individuals. 734.303 Special rules. 734.304 Property categories. Subpart D-Trusts 734.401 Qualified trusts, general considerations. 734.402 Special rules in the case of certain trusts. 734.403 Qualified blind trusts. 734.404 Qualified diversified trusts. 734.405 Certification of trusts proposed for qualification; other matters. 734.406 Independent trustee; defined. 734.407 Special filing requirement in the case of qualified trusts. 734.408 Effective date. Subpart E-Special Provisions 734.501 Outside earned income. 734.502 Waivers. Subpart F-Procedure 734.601 Report forms. 734.602 Filing of reports. 734.603 Custody of and public access to re ports. 734.604 Review of reports. 734.605 Advice and opinions. Subpart G-Penalties and Remedial Action 734.701 Failure to file or falsifying reports. 734.702 Certain actions in the case of qualified trusts. 734.703 Misuse of reports. Subpart H-Ethics Agreements 734.801 Scope. 734.802 Requirements. 734.803 Notification of ethics agreements. 734.804 Notification of compliance. 734.805 Retention. APPENDIX A TO PART 734-CERTIFICATE OF INDEPENDENCE APPENDIX B TO PART 734-CERTIFICATE OF COMPLIANCE AUTHORITY: Titles II and IV of Pub. L. 95521 (October 26, 1978), as amended by Pub. L. 96-19 (June 13, 1979), 5 U.S.C. Appendix 994; Pub. L. 98-150 (November 11, 1983). SOURCE: 45 FR 69777, Oct. 21, 1980, unless otherwise noted. Subpart A-General Provisions § 734.101 Authority. The regulations in this part are issued pursuant to the authority of Titles II and IV of the Ethics in Government Act of 1978, ("the Act") (Pub. L. 95-521, as amended). § 734.102 Purpose. These regulations supplement and implement Title II of the Act, set forth more specifically certain procedures provided in that title and furnish examples, where appropriate. § 734.103 Agency regulations. Each agency may, subject to the prior approval of the Office of Government Ethics, issue regulations implementing this part. These regulations (a) Shall be consistent with the Act and with this part, and (b) Shall impose no additional reporting requirements on individuals subject to the Act, except as may be specifically authorized by statute or by approval of the Office of Government Ethics. Requests for this approval shall be submitted in writing to the Office, setting forth the need for any additional reporting requirements by the agency involved. § 734.104 Policies. (a) (1) Title II of the Ethics in Government Act of 1978 requires highlevel Federal executives to disclose their personal financial interests and thereby demonstrate that they are able to carry out their duties without compromising the public trust. Public confidence in Government goes hand in hand with an open Government. Title II extends the cleansing principle of "Sunshine" to consideration of conflicts of interest. (2) Title II, as amplified and implemented by these regulations of this Part 734, will serve to deter conflicts of interest and to identify potential conflicts of interest in the case of newcomers to Government service by providing for a systematic review of the financial holdings of both current and prospective officers and employees. |