MS 641: Standards of Conduct for Peace Corps Employees |
Date: 9/28/04
Office:
D/GC
Supersedes: 5/1/84; 5/21/75
Table of Contents
Table of Contents
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5.0 |
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5.1 |
Speaking, Teaching, or Writing on Matters of Official Concern Carried Out in a Private Capacity | |||||||
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5.11 |
Speaking, Teaching, or Writing on Matters of Official Concern in a Private Capacity | |||||||
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5.12 |
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5.14 |
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5.2 |
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6.0 |
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7.0 |
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1.0 Purpose
This manual section sets out standards of conduct for Peace Corps employees.
2.0 Authority and Background
All employees of Peace Corps are subject to the various conflicts of interest statutes set forth in title 18, United States Code, sections 201 - 209.
In addition, all employees of Peace Corps are subject to the government-wide Standards of Ethical Conduct for Employees of the Executive Branch as promulgated by the United States Office of Government Ethics (OGE) at title 5 CFR Part 2635.
Further, there are special additional restrictions and rules applicable to all Peace Corps employees, other than special Government employees ("consultants," see definition 18 USC 202), appointed to a position for which the rate of pay is equal to or greater than 120% of the minimum rate payable for GS-15 of the General Schedule and/or appointed as a noncareer member of the Senior Foreign Service, as well as any positions designated as confidential and policymaking comparable to Schedule C positions in the Government.
These special rules and restrictions are set forth in regulations of OGE at 5 CFR Part 2636 and pertain to limitations on outside earned income, employment and certain outside affiliations.
The complete set of government-wide regulations on ethics may be found in regulations of OGE at title 5 CFR Chapter XVI.
3.0 Policy
It is Peace Corps policy to maintain and ensure the highest ethical standards. Employees are required to abide by all applicable laws, regulations, and policies governing ethics and standards of conduct. Lapses in ethical conduct and violations of the ethics laws, regulations, and policies are unacceptable.
Peace Corps employees should consult and familiarize themselves with all applicable ethics laws and rules. The rules can be complex and employees should consult with the Peace Corps Designated Agency Ethics Official on all ethics questions and matters.
4.0 Procedures and Requirements Governing Public Financial Disclosure Reports and Confidential Financial Disclosure Reports
Regulations of the Office of Government Ethics (OGE), 5 CFR Part 2634, set forth the government-wide rules and requirements governing the filing, review, certification and other matters pertaining to Executive Branch Financial Disclosure Reporting. OGE's regulations (5 CFR Part 2634 and Part 2638) require Peace Corps to establish effective systems and procedures for the collection, filing, and, where applicable, public inspection of financial disclosure reports. There are two types of financial disclosure reports - Public Financial Disclosure Reports (SF-278) and Confidential Financial Disclosure Reports (SF-450).
4.1
Officers and employees required to file Public Financial Disclosure Reporting Reports (SF-278) are defined by regulations of the Office of Government Ethics at 5 CFR 2634.201 and 202. At Peace Corps this includes the Director, Deputy Director, Designated Agency Ethics Official, all officers and employees appointed in the Senior Foreign Service, and any employees appointed below the rank of Senior Foreign Service in positions determined to be of a confidential or policy making character unless excluded from such filing requirements in accordance with 5 CFR 2634.203.
4.2
Public Financial Disclosure Reports shall be filed with the Peace Corps Designated Agency Ethics Official (DAEO), or his/her designee, in accordance with the general requirements, filing date, and extension provisions set forth in 5 CFR 2634.201.
4.3
Officers and employees required to file Confidential Financial Disclosure Reports (SF-450) are defined by regulations of the Office of Government Ethics at 5 CFR 2634.904. The DAEO shall maintain a current list of Peace Corps staff positions for which the incumbent employees must file a Confidential Financial Disclosure Report.
4.4
Confidential Financial Disclosure Reports shall be filed with the Peace Corps Designated Agency Ethics Official (DAEO), or his/her designee, in accordance with the general requirements, filing date, and extension provisions set forth in 5 CFR 2634.903.
4.5
The Office of Human Resources Management (M/HRM) shall be responsible for supplying all new employees with the necessary forms either prior to or on the first day of their initial employment, extension, or reappointment.
4.6
All Officers and Employees required to file financial disclosure report shall do so in accordance with instructions of the Office of Government Ethics (OGE), as supplied with the reporting form, regulations of the Office of Government Ethics at 5 CFR Part 2634, Subpart C and Subpart I, accordingly, and guidance provided by the Designated Agency Ethics Official or his/her designee and or HRM.
4.7
Financial disclosure reports are in addition to, and not in substitution for or in derogation of, any similar or other requirement imposed by law, order, or regulation. The filing of a report does not permit the filer or any other person to participate in a matter which is prohibited by law, order, or regulations.
4.8
Any officer or employee who believes that his/ her position has been improperly included under Peace Corps regulations as one requiring the submission of a financial disclosure report shall so notify the Designated Agency Ethics Official, or his/her designee, and be given an opportunity to consult with and review the bases for the determination that the employee is required to file a financial disclosure report. The determination by the Designated Agency Ethics Official shall be final for all purposes and this procedure is the sole and exclusive means of seeking review. See 5 CFR 2634.906.
4.9
All officers and employees may be subject to fees and penalties as set forth
in regulations of the Office of Government Ethics (OGE) and other applicable
authorities for failing to comply with reporting and filing requirements.
5.0 Speaking, Teaching, Writing on Matters of Official Concern
In addition to ethics rules in the government-wide regulations pertaining to outside employment and speaking, teaching and writing and other matters, these additional rules apply to all public speaking, teaching or writing of "official concern" to Peace Corps.
"Official concern" means that the subject matter or materials are related to any policy, program or operation of Peace Corps or to current U.S. foreign policy, or could reasonably be expected to affect the foreign relations of the United States.
5.1 Speaking, Teaching, or Writing on Matters of Official Concern Carried Out in a Private Capacity
5.1.1 Speaking, Teaching, or Writing on Matters of Official Concern in a Private Capacity
Private capacity speaking, teaching or writing on matters of official concern include such activities outside the context of an employee's official duties or position at Peace Corps. Any speaking, teaching or writing on matters of official concern in a private capacity must contain an explicit disclaimer that the views and materials presented are those of the individual and not necessarily the views of the Peace Corps or U.S. Government.
5.1.2 Materials Prepared in Connection with Speaking, Teaching or Writing on Matters of Official Concern in a Private Capacity Must be Submitted to Peace Corps for Prior Review
In the United States, such materials shall be submitted to (a) the Associate Director, Regional Director, or other senior-most management official with responsibilities and jurisdiction over the subject matter of the materials, and (b) to the Director of the Office of Communications.
Overseas, such materials shall be submitted to the Country Director, who may consult with other senior-most management officials with responsibilities and jurisdiction over the subject-matter of the materials. Country Directors who will be speaking, teaching, or writing on matters of official concern in a private capacity shall submit materials to the appropriate Regional Director for review.
5.1.3 Criteria for Review
An employee may not publish any speaking, writing, or teaching material of official concern until all classified information, if any, has been deleted. In addition, the employee must not publish any material which the Agency believes should be protected from public disclosure under the Freedom of Information Act, the Privacy Act, and other laws or privileges governing the disclosure of information, unless properly authorized. Such information includes, but is not limited to information in personnel or medical files, information constituting agency deliberations prior to decisions on policy or legal matters; information compiled for law-enforcement purposes that reasonably could be expected to interfere with enforcement proceedings.
5.1.4 Compensation
Employees may accept compensation for speaking, teaching, or writing only if permitted under applicable laws and rules, including conflict of interest statutes and regulations including, but not limited to, the Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR 2635). Employees should seek advice from the Peace Corps Designated Agency Ethics Official prior to accepting or agreeing to accept compensation.
5.2 Speaking and Interviews in an Official Capacity
5.2.1
All invitations for an employee to speak, lecture or participate in a conference in the United States, in his/her official capacity, on a subject of official concern, shall be referred to the appropriate management officials in the employee's supervisory chain for consultation and approval, except where the invitation is to an employee at the office head level or above, in which case no consultation or approval is necessary under these rules, though notification may be required under other rules of Peace Corps for other purposes.
5.2.2
In informal presentations, professional meetings, conferences, and panel discussions where, because of the nature of the public appearance, no prepared script or outline will be available, employees are responsible for ensuring that their remarks involve no violation of security, are consistent with U.S. policy, and will not adversely affect Peace Corps or U.S. Government relations.
5.2.3
Consistent with other rules of the Peace Corps overseas employees who are invited or will otherwise be speaking publicly or conducting interviews are expected to exercise appropriate judgment . Employees below the level of Country Director shall consult with the Country Director for approval. Country Directors should seek prior interagency consultation on important matters such as those that could have an impact on Peace Corps operations or foreign policy.
6.0 Special Overseas Conduct Rules
In addition to all other rules governing conduct and conflicts of interest, special uniform rules have been issued pursuant to Department of State Chief of Mission authority. These rules take into account special foreign policy considerations and apply to various matters, including investing in property in the country of assignment and engaging in commercial or for-profit activities. All overseas employees of the Peace Corps must abide by these rules. These rules are entitled "Employee Responsibilities Abroad" and may be found at 3 Foreign Affairs Manual 4120, et seq. These rules may be obtained through the embassy or on line at the Department of State. Employees overseas must familiarize themselves with these rules and abide by them. Any questions should be directed to Peace Corps Designated Agency Ethics Official.
7.0 Effective Date
This manual section shall become effective on the date of
issuance.