Employee Responsibilities and Conduct

71 FR 46073Employee Responsibilities and Conduct

71 FR 46073Office of Personnel Management.

71 FR 46073The Office of Personnel Management (OPM) is issuing a plain language rewrite of its regulations regarding the standards that govern employee responsibilities and conduct as part of a review of certain OPM regulations. The purpose of the revisions is to make the regulations more readable.

71 FR 46073Effective Date: September 11, 2006.

71 FR 46073Wade Plunkett, by telephone at 202-606-1700; or by FAX at 202-606-0082 or by e-mail at wmplunke@opm.gov.

71 FR 46073OPM is revising part 735, which deals with employee responsibility and conduct, as part of a review of certain OPM regulations for plain language purposes. On January 15, 2003 (68 FR 1987) OPM published a proposed regulation. One internal commenter noted that since the original regulation was published, OPM has delegated examining authority to some agencies in certain circumstances. Therefore, the proposed regulations have been modified to recognize this and permit the head of an agency to which examining authority had been delegated or his or her designee to grant exceptions to the prohibition contained in section 735.202(a). Since no other comments were received, we are publishing the proposed rule as final without further modification, except we are updating the reference to General Accounting Office and changing it to Government Accountability Office. The purpose of this revision to part 735 is not to make substantive changes, but rather to make part 735 more readable, and to convert the regulation to a question and answer format.

71 FR 46073I certify that these regulations will not have a significant economic impact on a substantial number of small entities because they will affect only Federal agencies and employees.

71 FR 46073This rule has been reviewed by the Office of Management and Budget in accordance with E.O. 12866.

71 FR 46073Conflict of interests, Government employees. Office of Personnel Management

71 FR 46073Accordingly, OPM is revising part 735 as follows:

71 FR 46073735.101 Definitions. 735.102 What are the grounds for disciplinary action? 735.103 What other regulations pertain to employee conduct?

71 FR 46073735.201 What are the restrictions on gambling? 735.202 What are the restrictions on conduct that safeguard the examination process? 735.203 What are the restrictions on conduct prejudicial to the Government?

71 FR 460735 U.S.C. 7301; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.

71 FR 46073§ 735.101 Definitions. In this part: Agency means an Executive agency (other than the Government Accountability Office) as defined by 5 U.S.C. 105, the Postal Service, and the Postal Rate Commission. Employee means any officer or employee of an agency, including a special Government employee, but does not include a member of the uniformed services. Government means the United States Government. Special Government employee means an officer or employee specified in 18 U.S.C. 202(a) except one who is employed in the legislative branch or by the District of Columbia. Uniformed services has the meaning given that term by 5 U.S.C. 2101(3). § 735.102 What are the grounds for disciplinary action? An employee's violation of any of the regulations in subpart B of this part may be cause for for disciplinary action by the employee's agency, which may be in addition to any penalty prescribed by law. § 735.103 What other regulations pertain to employee conduct? In addition to the standards of conduct in subpart B of this part, an employee shall comply with the standards of ethical conduct in 5 CFR part 2635, as well as any supplemental regulation issued by the employee's agency under 5 CFR 2635.105. An employee's violation of those regulations may cause the employee's agency to take disciplinary action, or corrective action as that term is used in 5 CFR part 2635. Such disciplinary action or corrective action may be in addition to any penalty prescribed by law.

71 FR 46073§ 735.201 What are the restrictions on gambling? (a) While on Government-owned or leased property or on duty for the Government, an employee shall not conduct or participate in any gambling activity, including operating a gambling device, conducting a lottery or pool, participating in a game for money or property, or selling or purchasing a numbers slip or ticket. (b) This section does not preclude activities: (1) Necessitated by an employee's official duties; or (2) Occurring under section 7 of Executive Order 12353 and similar agency-approved activities. § 735.202 What are the restrictions on conduct that safeguard the examination process? (a) An employee shall not, with or without compensation, teach, lecture, or write for the purpose of the preparation of a person or class of persons for an examination of the Office of Personnel Management (OPM) or other agency to which examining authority has been delegated, or Board of Examiners for the Foreign Service that depends on information obtained as a result of the employee's Government employment. (b) This section does not preclude the preparation described in paragraph (a) of this section if: (1) The information upon which the preparation is based has been made available to the general public or will be made available on request; or (2) Such preparation is authorized in writing by the Director of OPM, or his or her designee, or by the head of an agency to which examining authority had been delegated, or his or her designee, or by the Director General of the Foreign Service, or his or her designee, as applicable. § 735.203 What are the restrictions on conduct prejudicial to the Government?

71 FR 46074An employee shall not engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government.