Hello, and welcome to one of several videos about the ethics rules that apply to all Federal
employees.
I am Celia Hooks, Senior Ethics Advisor with the USDA Office of Ethics and today we'll
be talking about participation in activities with nonfederal organizations, whether in
your official or personal capacity.
As a federal employee, you are not prohibited from engaging or participating in various
activities with outside organizations, however, there are federal statutes and ethics regulations
that govern these activities.
In this video I will: Discuss the difference between activities
classified as official duty activities and outside activities that are performed in your
personal capacity; and explain when and how to seek ethics approval
for each.
Let's get started!
First, we'll discuss participating in these outside activities in your official capacity.
These are called official duty activities.
Official duty activities are activities performed with an outside organization as a part or
extension of your officially assigned duties and responsibilities.
When participating in an official duty activity, you represent the USDA and not yourself.
You may participate in such activities only with advance approval from your supervisor.
Some agencies also require additional Ethics approval, via the ethics form SEB-106.
Some examples of appropriate official duty activities within USDA include:
Service on Technical/Scientific Advisory or Editorial Review Boards
Writing and/or editing books, chapters, forewords, articles, and journals in your area of expertise.
Speaking and lecturing at professional meetings, seminars, or other gatherings open to the
public.
In certain limited circumstances, you may be able to serve on a Board of Directors or
similar leadership position within an outside organization as a part of your official duties.
These positions require additional analysis, and you would need to request ethics approval
via the ethics form OE-208.
Your ethics advisor will be happy to provide additional information on this approval process.
Some activities may involve serving in an official capacity as a federal liaison with
outside organizations.
An example of this is an employee that has the authority to formally communicate the
interests of USDA and serve as a spokesperson for USDA policies or programs with an outside
organization.
We've discussed some of the typical official duty activities with outside organizations,
lets now discuss some of the basic guidelines you should follow while engaging in these
activities: Any official work performed with an outside
organization must also be consistent with the authority and mission of USDA.
You may use Government time and resources to carry out officially assigned duties with
the outside organization.
The outside organization may use your official title as a reference, identifier, or to promote
attendance at meetings or presentations when appearing in an official capacity.
You may NOT accept any form of compensation from the outside organization or any outside
source for performing your official duties.
You also may NOT participate in making decisions or taking actions that affect the internal
business affairs of the organization while performing an official duty.
Service in an official duty activity must be as a non-voting, non-fiduciary agency representative
to the outside organization and must not participate in the internal business affairs, or fundraising
activities of the organization.
Your only duty is to USDA.
You may also NOT engage in official duty activities while your engaging in an outside personal
activity with the same organization.
So we've finished talking about activities with outside organizations in your official
capacity.
Let us now move on to discuss activities performed in your personal capacity.
An outside activity in this context is just what the name implies…it's outside of the scope
of your official duty responsibilities.
Outside activities are those activities conducted in your personal capacity, and are not related
to your federal position.
Personal capacity means any activity that is not performed in your official capacity,
is conducted on time in which you are not working for the Government,
and is conducted at your own personal expense.
This includes any outside employment.
For purposes of this discussion, "employment" means any form of non-Federal employment or
business relationship or activity involving the provision of personal services for direct,
indirect, or deferred compensation other than reimbursement of actual and necessary expenses.
It also includes irrespective of compensation, the following outside activities:
Providing personal services as a consultant or professional, including service as an expert
witness or as an attorney; and providing personal services to a for-profit
entity as an officer, director, employee, agent, attorney, consultant, contractor, general
partner, or trustee, which involves decision making or policymaking for the non-Federal
entity, or the provision of advice or counsel.
The USDA requires all employees who file a Public (OGE Form 278) or Confidential (OGE
Form 450) Financial Disclosure Report to seek and obtain prior approval to engage in outside
employment and activities.
Additionally, some USDA agencies require all employees to obtain prior approval before
engaging in outside employment, regardless of financial disclosure filing status.
The requirement does not prevent you from seeking outside employment but will help you to
avoid any conflicts of interests.
If you are seeking to engage in employment for which prior approval is required, you
must do so by submitting the ethics form OE-101 for Approval to Engage
in Non-Federal Employment or Activity.
It is important to seek approval prior to engaging in these activities.
Approval of form OE-101 does not relieve you of the obligation to abide by all applicable
laws governing employee conduct and approval does not constitute a sanction of any violation.
Upon approval of your personal capacity activity, we will provide guidance.
Please note that there are additional restrictions apply to political activities and involvement in
political organizations.
This information is to be used as general guidance.
The analysis for approval will vary case by case.
So please reach out to your designated Ethics contact if you are planning to engage in an
outside activity; if you would like help filling out and submitting your form;
or if you simply need ethics advice.
The Office of Ethics is here to help.
You can access all of our forms and find your designated ethics contact at: www.ethics.usda.gov.
Thank you for watching and have a great day!
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