Standards of Conduct

Important Advice

If you're not positive that what you're about to do is appropriate, ask your ethics official. Contact the DoDEA Office of General Counsel. One mission of that Office is to advise DoDEA personnel and assist them to accomplish their goals without violating the standards of conduct.

In fact, disciplinary action for violating the standards of conduct will not be taken against you if you act in good faith reliance upon the advice of your ethics official, if you have made full disclosure of the relevant circumstances.

The DoDEA Employees' Guide to the Standards of Conduct provides a general summary of the rules. It does not include every exception, every requirement, or all the factors that must be considered in making certain decisions. If you are unsure of your actions, call your ethics official before you act.

General Principals of Public Service

Do's

Place loyalty to the Constitution, the laws, and ethical principles above private gain
Act impartially to all groups, persons, and organizations
Give an honest effort in the performance of your duties Protect and conserve Federal property
Disclose waste, fraud, abuse, and corruption to appropriate authorities
Fulfill in good faith your obligations as a citizen, and pay your Federal, State, and local taxes
Comply with all laws providing equal opportunity to all persons, regardless of their race, color, religion, sex, national origin, age, or handicap

Don'ts

Don't use nonpublic information to benefit yourself or anyone else
Don't solicit or accept gifts from persons or parties that do business with or seek official action from DoD (unless permitted by an exception)
Don't make unauthorized commitments or promises that bind the Government
Don't use Federal property for unauthorized purposes
Don't take jobs or hold financial interests that conflict with your Government responsibilities
Don't take actions that give the appearance that they are illegal or unethical

Remember: Violating ethics principles may result in disciplinary or corrective action, including criminal prosecution. Protect yourself from disciplinary action by seeking the advice of your agency ethics official.

Gifts

Gifts from Outside Sources

Rule: You may not accept a gift given:

Because of your official position, or by a prohibited source

Regardless of any exceptions that allow accepting gifts, it is always impermissible to:

Accept a gift in return for being influenced in the performance of an official act. This is a bribe!
Solicit or coerce the offering of a gift
Accept gifts from the same or different sources so frequently that a reasonable person would think you're using your office for private gain
Accept a gift in violation of a statute

What is a Prohibited Source?

A prohibited source is any person who is, or any organization a majority of whose members are:

Seeking official action by DoD
Doing or seeking to do business with DoD
Regulated by DoD, or
Substantially affected by the performance of your official duties

What's a Gift?

Anything of monetary value.

What's not a Gift?

Here are examples of items that are not defined as "gifts:

You may accept cups of coffee offered by a contractor at no charge.
Modest items of food and refreshments (like coffee and donuts) when not served as a meal
Prizes in contests open to the public
Greeting cards and items with little intrinsic value, such as plaques, certificates, and trophies, intended only for presentation
Commercial discounts available to the public or to all Government civilian or military personnel
Anything the Government acquires by contract or otherwise legally accepts
Anything for which you pay market value

Gifts That you may Keep

Remember, you don't have to accept a gift. It may be smart, depending on the circumstances, to decline a gift, even when it is allowed by the exceptions below.

Gifts valued at $20 or less, but
- not cash or investment interests
- not more than $50 in total from one source in a year
Gifts motivated by personal relationships
Certain discounts and similar benefits offered
- by professional organizations
- to groups unrelated to Government employment (such as AARP)
- to groups in which membership is related to Government employment, if the same benefits are available to other, similar organizations. (e.g.: discounted loans to Gov't. credit union members.)
- by a non-prohibited source to any group as long as not discriminatory on basis of rank, type of responsibility, or pay.
Gifts resulting from you or your spouse's outside business activities
Free attendance provided by a state, local government, or tax exempt civic organization when there is a community relations interest
Gifts accepted under specific statutory authority, such as certain gifts from a foreign government
Certain educational scholarships and grants (consult a DoD ethics official)
Free attendance, food, and entertainment (not travel) when provided by a sponsor:
- of an event on the day that you are speaking or presenting information, or
- of a widely attended gathering, provided that your supervisor determines that your attendance is in the agency's interest. (If the sponsor has interests that may be affected by you, an additional conflict of interest determination is required.)
Meals, lodging, transportation, and other benefits in connection with employment discussions
Awards for meritorious public service or achievement, and honorary degrees ‹ see your ethics counselor
Travel benefits and free attendance from political organizations in connection with certain political activities
Food and entertainment (not travel and lodging), at social events, if: (1) the invitation is not from a prohibited source, and (2) the event is free to all attendees.
Gifts of food and entertainment (not to exceed the per diem rate) at meetings or events attended in an official capacity in foreign areas, when (1) not provided by a foreign government and (2) non-U.S. citizens participate in the meeting or event

Foreign Gifts

Rule: Federal employees may accept gifts from foreign governments if the gift is below the "minimal value" which is $305. Check with your ethics counselor about appraising the gift or what the current threshold is.

Disposition of Improper Gifts

Rule: If you are offered a gift that you cannot accept, you should:

Decline the gift
Return the gift, or
Pay the donor the gift's market value

Subsequent reciprocity is not a solution

Gifts Between Employees

Rule: You may not accept a gift from an employee who earns less than you (unless you have a personal relationship with the employee, and you are not in the chain of command)

Rule: You may not give, make a donation toward, or solicit a gift for someone superior to you in the chain of command.

Exceptions to the Rule

On an occasional basis, such as holidays or birthdays, you may give to a superior or receive from a subordinate:
- Non-monetary gifts of up to $10
- Personal hospitality provided at a residence (or an appropriate host/hostess gift),
- Food or refreshments shared in the office
On special, infrequent occasions,
- of personal significance, such as marriage, illness, or birth or adoption of a child
- that terminate the chain of command, such as retirement, resignation, or transfer you may
- solicit voluntary contributions up to $10/person for a group gift
- give an appropriate gift to a superior
- accept appropriate gifts and group gifts that do not exceed $300 from subordinates (See your ethics counselor for exceptions.)

Conflicts of Interest

Conflicting Financial Interests

Criminal Rule: You may not do government work on a particular matter that will affect the financial interest of:

You
Your spouse
Your minor children
Your general partner
Organizations with which you're negotiating or have arrangements for future employment, or
Any organization for which you serve as an employee, officer, director, trustee, or general partner

If you think you may have a conflicting financial interest, consult your DoD ethics official immediately to determine the appropriate remedy.

Bribery and Graft

Rule: You may not seek or accept anything of value, other than your salary, for being influenced in your official duties.

Commercial Dealings Between DoD Employees

Rule: You may not knowingly solicit or make solicited sales to personnel who are junior in rank, grade, or position (or their families). This includes insurance, stocks, real estate, cosmetics, household supplies, and other such goods and services.

Representation of Others in Matters Affecting Government

Rule: You generally may not represent anyone outside the Government before a Federal agency or court, or share in any compensation for such representations made by anybody else, if the Government is involved in the particular matter.

There are limited exceptions. There are special exceptions for consultants. Check with your ethics official.

Supplementation of Federal Salary

Rule: You may not accept compensation from any source except the Government for your services as a Government employee. This rule does not apply, if: you are a "special Government employee" - i.e., a consultant, or you serve without compensation, or your supplementation is a result of a public service award.

Impartiality in Performing Official Duties

Rule: Maintain your impartiality. Don't participate in any particular DoD matter if:

the matter is likely to affect the financial interest of a member of your household, or a person with whom you have a "covered relationship" is involved in the matter, and
a reasonable person with knowledge of the relevant facts could question your impartiality.

Who may be in a "covered relationship"?

A member of your household or a relative with whom you're close,
Someone with whom you have or seek to have a business relationship, other than a routine consumer transaction,
An organization (other than a political party) in which you actively participate,
Someone with whom you had, within the last year, a close business relationship, such as partnership or employment, or
Someone with whom your spouse, parent, or dependent child has (or seeks to have) a close business relationship, such as partnership or employment.

Misuse of Position

Rule: You may not use, or permit the use of, your Government position, title, or any authority associated with your office:

To induce or coerce another person to provide any benefit to you or anyone with whom you are affiliated
A senior VP from Blatz Corp. recently resigned from Blatz to become a senior official in DoD. Shortly after his arrival, the official's office is tasked to decide whether or not to renew Blatz's contract with DoD. Because the senior official was employed by Blatz within the last year, he may not make the decision
The General Counsel has been asked by his college to serve on the Alumni Association. He may serve in his personal capacity, but may not allow his position as General Counsel to be used on the college letterhead or other promotional literature.
To imply that DoD or the Government endorses personal activities
To endorse any product, service, or enterprise, except as provided by statute or regulation

Use of Government Resources

Rule: Use Federal Government equipment and property, including communications systems, only for official purposes or authorized purposes as approved by your supervisor.

Rule: Use official time in an honest effort to perform official duties, and don't ask subordinates to perform tasks outside their official duties.

Fundraising

Rule: You may raise funds for organizations in your personal capacity, but you may not use your official title, position, or authority to fundraise, nor may you solicit subordinates or prohibited sources.

Teaching Speaking and Writing

Rule: You may accept payment for teaching, speaking, or writing that is unrelated to your official duties and that was not prepared on official time. If your employment by DoD is identified, you must make a disclaimer.

Outside Activities

Rule: If you file a financial disclosure report, you need your supervisor's prior written approval before you engage in business activity or employment with a DoD "prohibited source" (see page 2). Presidential appointees and certain non-career employees have additional restrictions – consult your ethics counselor.

Rule: You may not have outside employment or activities that would materially impair your ability to perform your duties.

Political Activities

Most Federal civilian employees may actively participate in political campaigns and other partisan activities. However, they may not engage in such activities on duty, or in any Federal workplace, vehicle, or while in uniform.

While the Hatch Act loosened restrictions on political activity for most Federal civilian employees, Federal laws still limit the political activities of military personnel, law enforcement, national security, and career SES employees. Moreover, by policy within DoD, employees appointed by the President and employees appointed by the Secretary to non-career SES positions may not engage in any activity that could be interpreted as associating DoD with any partisan cause or issue.

If you plan to engage in any partisan political activity, you should consult your ethics counselor.

Employment Issues

Seeking Employment

Rule: If you are seeking non-Federal employment (e.g., sending resumes to select employers), you may not do Government work on a particular matter that will affect the financial interests of any of your prospective employers. You must give a written disqualification statement to your supervisor.

Post-Government Employment

Rule: Always consult your ethics counselor before separating from the Government. He or she will advise you on the restrictions that will apply to your activities in the private sector in light of your specific duties and level of responsibility as a Government employee.

Official Travel Benefits

Benefits you may Keep

Frequent Flyer benefits earned on official travel such as points or miles, upgrades, or access to carrier clubs or facilities. These benefits must have been obtained under the same terms as those at no additional cost to the government. They may be used for: official travel (tickets) or upgrades (to premium class other than first class), when on official travel.
Benefits (including frequent flyer miles or rebates) resulting from use of personal credit card or affinity card when use of a personal credit card is authorized for such purchases.
Benefits given for voluntarily surrendering your airplane seat while TDY for a seat on a later flight. You may volunteer ONLY if the delay does not adversely affect your official duties and does not result in additional cost to the Government.
On-the-spot upgrades in transportation or accommodation, if generally available
Benefits such as "Gold Card Memberships and any resulting benefits.
Life insurance benefits offered to you by travel management contractors.

Benefits That the Government Keep

Vouchers given to compensate you for being involuntarily bumped from a plane.
Prizes won, while TDY, in contests closed to the general public.
Gifts given to or won by you while TDY at a conference, hotel, or while renting a car, where you have not taken any affirmative action, including:
- Door Prizes
- Buy-one-get-one-free vouchers
- Sweepstake prizes

Sources of Information

If you have further questions, consult a DoDEA ethics counselor in the Office of the General Counsel. Additional information is available in:

Standards of Conduct for Employees of the Executive Branch
The U.S. Office of Government Ethics has developed a comprehensive set of regulations to assist Federal employees with their ethics questions. This is a primary source of guidance on ethics and standards of conduct.
DoD 5500.7-R, the Joint Ethics Regulation ("JER")
The JER contains supplemental regulations for DoD employees.