§ 742.735-32 General statutes applicable to postal employees. Each employee shall acquaint himself with each statute that relates to his ethical and other conduct as an employee of the Department and of the Government. These include the general miscellaneous statutes cited herein. Copy of these statutes is available from, or through, the head of each postal installation or activity. (a) House Concurrent Resolution 175, 85th Congress, 2d session, 72 Stat. B12, "Code of Ethics for Government Service." (b) Chapter 11 of Title 18, United States Code, relating to bribery, graft, and conflicts of interest, as appropriate to employees concerned. (c) Prohibition against lobbying with appropriated funds (18 U.S.C. 1913). (d) Prohibitions against disloyalty and striking (5 U.S.C. 7311; 18 U.S.C. 1918). (e) Prohibition against the employment of a member of a Communist organization (50 U.S.C. 784). (f) Prohibitions against (1) disclosure of classified information (18 U.S.C. 798, 50 U.S.C. 783); and (2) disclosure of confidential information (18 U.S.C. 1095). (g) Provision relating to the habitual use of intoxicants to excess (5 U.S.C. 7352). (i) Prohibition against misuse of the franking privilege (18 U.S.C. 1719). (j) Prohibition against the use of deceit in an examination or personnel action in connection with Government employment (18 U.S.C. 1917). (k) Prohibition against fraud or false statements in a Government matter (18 U.S.C. 1001). (1) Prohibition against mutilating or destroying a public record (18 U.S.C. 2071). (m) Prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508). (n) Prohibitions against (1) embezzlement of Government money or property (18 U.S.C. 641); (2) failing to account for public money (18 U.S.C. 643); and (3) embezzlement of the money or property of another person in the possession of an employee by reason of his employment (18 U.S.C. 654). (0) Prohibition against unauthorized use of documents relating to claims from or by the Government (18 U.S.C. 285). (p) Prohibition against proscribed political activities in subchapter III of chapter 73 of Title 5, U.S. Code and 18 U.S.C. 602, 603, 607, and 608. (q) Prohibition against gifts to superiors (5 U.S.C. 7351). (r) Prohibition against an employee acting as the agent of a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219). (s) Prohibition against accepting foreign gifts and decorations (80 Stat. 952). § 742.735-33 Specific statutes applicable to postal employees. (a) Subject: Carriage of Mail.. Delay or Destruction of Mail. Theft of Newspapers--. 18 U.S.C. 1693 1700 1703 1709 1710 1711 1712 1713 1721 1726 1727 1732 Approval of Bond and Sureties---- (b) Prohibition against participation in lottery enterprises, 18 U.S.C. 1303. (c) Prohibition against rural carriers' outside employment, 39 U.S.C. 3114. (d) Prohibition against opening firstclass mail, 39 U.S.C. 4057. (e) Prohibition against postal employee contracting for mail contracts, 18 U.S.C. 440 and 39 U.S.C. 6420 (b), except as permitted by 39 U.S.C. 2008, 6007(b), 6403 (b) and (c). (f) Employees not to receive fees, 39 U.S.C. 3104. (g) Oath of office required for all postal employees, 39 U.S.C. 3103. Subpart D-Conduct of Special § 742.735-41 Introduction. The regulations in this subpart cover the standards of and govern the ethical and other conduct of special Government employees of the Department. In addition, special Government employees shall adhere to the standards of ethical and other conduct made applicable to employees by this Part 742. § 742.735-42 Use of Government employment. A special Government employee shall not use his Government employment for a purpose that is, or given the appearance of being, motivated by the desire for private gain for himself or another person, particularly one with whom he has family, business, or financial ties. He may not participate in his governmental capacity in any matter in which he, or his immediate family, outside business associate, or prospective employer has financial interest. § 742.735-43 Use of inside information. A special Government employee shall not use inside information obtained as a result of his Government employment for private gain for himself or another person either by direct action on his part or by counsel, recommendation, or suggestion to another person, particularly one with whom he has family, business, or financial ties. For the purpose of this section, "inside information" means information obtained under Government authority which has not become part of the body of public information. However, a special Government employee may teach, lecture, and write in a manner not inconsistent with § 742.735-26 (a) (5) concerning employees. A special Government employee shall not use his Government employment to coerce, or give the appearance of coercing, a person to provide financial benefit to himself or another person, particularly one with whom he has family, business, or financial ties. § 742.735-45 Gifts, entertainment, and favors. (a) A special Government employee, while so employed or in connection with his employment shall not receive or solicit from a person having business with this Department anything of value as a gift, gratuity, loan, entertainment, or favor for himself or another person, particularly one with whom he has family, business, or financial ties. However, the exceptions set forth in § 742.735-25 (b) are applicable to special Government employees. (b) A special Government employee, except in the discharge of his official duties, may not (1) represent anyone else before a court or Government agency in a matter in which the United States is a party or has an interest and in which he has at any time participated personally and substantially for the Government and (2) unless he has served no more than 60 days during the past 365 days, represent anyone else in a matter pending before the Department. He may not participate in his governmental capacity in any matter in which he, his immediate family, outside business associate, or prospective employer has financial interests. He is permanently prohibited, after his Government employment has ended, from representing anyone other than the United States in connection with a matter in which the United States is a party or has an interest and in which he participated personally and substantially for the Government and he is barred for 1 year from doing so if the matter was within his official responsibility within 1 year preceding the termination of his Government employment. (c) A special Government employee serving with or without compensation may receive salary, or other compensation from a private source provided such other salary or compensation is entirely unrelated to his duties or work with this Department. The statement of employment and financial interests required under this section for use by employees and special Government employees is the form entitled "Confidential Statement of Employment and Financial Interests" (For use by Government Employees Form 2417) or (For use by Special Government Employees Form 2418). See § 742.735-53. § 742.735-52 Specific classes of employees. Except as provided in § 742.735-54, the following employees shall file statements of employment and financial interests: (a) Employees paid at a level of the Executive Schedule in Subchapter II of Chapter 53 of Title 5 U.S. Code. (b) The Hearing Examiners of this Department. (c) All division Directors within Bureaus, Offices, and postal field installations, not specifically listed in paragraph (d) of this section, whose positions are classified at GS-13 or above or PFS-15 or above. (d) In addition to the employees listed in paragraph (a) through (c) of this section, employees occupying the positions listed below in the Bureaus, Offices, and postal installations designated therein which are classified at GS-13 or above, PFS-15 or above, except as otherwise indicated. (1) OFFICE OF THE POSTMASTER GENERAL Executive Assistant to the Postmaster General. Deputy Executive Assistant to the Postmaster General. Assistant to the Executive Assistant to the Postmaster General. Special Assistant to the Postmaster General for Public Information. Deputy Special Assistant to the Postmaster Special Assistant to the Postmaster General for Policy and Projects. Special Assistant to the Postmaster General for International Postal Affairs. Deputy Special Assistant to the Postmaster Judicial Officer. Director of Regional Administration. Deputy Director of Regional Administration. Management Appraisal Officer. Deputy Contracts Compliance Officer. (2) OFFICE OF THE DEPUTY POSTMASTER Executive Assistants to the Deputy Postmaster General. Director, Office of Headquarters Services. Chief, Operating Services Branch, Office of Headquarters Services. (3) BUREAU OF OPERATIONS Special Assistant to the Assistant Postmaster General. Staff Assistant to the Deputy Assistant Postmaster General Field Services. Director, Vehicle Utilization Branch. Director, Space Requirements Branch. (4) BUREAU OF TRANSPORTATION AND INTERNATIONAL SERVICES Special and Confidential Assistant to the Assistant Postmaster General. Executive Assistant to the Assistant Postmaster General. Assistant Director, Economics and Development Division. Assistant Director, Domestic Transportation Director, Highway Transportation Branch. Director, Automatic Data Processing Center. (6) BUREAU OF FACILITIES Field Liaison Officer. Chief, Operating Equipment Branch. Chief, Buildings Branch. Chief, Plans and Projects Staff Branch. Mechanical Engineer, Maintenance Division. Maintenance Management Officer, Maintenance Division. Vehicle Maintenance Management Officer, Maintenance Division. Staff Accountant to the Director of Procurement. Chief, Supply Branch. Chief, Contract Branch. Assistant Chief, Contract Branch. Chief, Mail Bag Equipment Branch. General Commodities Inspection Specialist. Equipment Production Specialist. Contract Specialist. Contract Administrator. Quality Assurance Superintendent. Assistant Chief, Realty Review Branch. Chief, Leasing Operations Branch. Realty Cost Officer within the Leasing Operations Branch. Real Estate Appraiser and Negotiator. (7) BUREAU OF PERSONNEL Special Assistant to the Assistant Postmaster General. Director, Departmental Personnel Office. (8) OFFICE OF GENERAL COUNSEL Assistant General Counsels. The second in command in each Division. Attorneys in the Opinions and Real Property Divisions. Special Associate and Special Assistant General Counsel. Chief, Installations Liaison Division. sion. (11) REGIONAL POSITIONS Regional Director. Deputy Regional Director. Regional Controller. Accounting Programs Officer. Chief, Budget and Programs Branch. Chief, Organization and Standards Branch. Director, Postal Service Officer Division. Director, Engineering and Facilities Division. Chief, Real Estate Branch. Assistant Chief, Real Estate Branch. Real Estate Officers (PFS Level 13 or above). Chief, Vehicle Maintenance Branch. Director, Processing and Control Division. (12) PART I, WMS OFFICES, AND THE NORTH AND SOUTH SUBURBAN FACILITIES, CHICAGO, ILL. Postmasters. Assistant Postmasters. Director of Operations Division. (13) DEPUTY ASSISTANT POSTMASTERS GENERAL, DEPUTY GENERAL COUNSEL, AND DEPUTY CHIEF INSPECTOR (e) All employees and special Government employees performing the duties of (f) Additions to, deletions from, and other amendments of the list of positions in this section may be authorized by the Ethical Conduct Counselor. When an additional position is so included, the incumbent thereof must be given actual written notice by the Deputy Ethical Conduct Counselor. When a position is deleted therefrom, the Deputy Ethical Conduct Counselor should advise the incumbent that he is no longer required to file a Confidential Statement of Employment and Financial Interests (Form 2417 or 2418). Statements previously filed by these employees will be treated in accordance with § 742.735-72(c). Amendments to this section shall be periodically published in the FEDERAL REGISTER. (g) Employees occupying positions classified below GS-13 or below PFS-15 may not be required to file a Confidential Statement of Employment and Financial Interests without the specific prior approval of the Civil Service Commission and the Ethical Conduct Counselor. Deputy Ethical Conduct Counselors who believe that employees occupying positions below GS-13 or PFS-15 should be required to file a Confidential Statement of Employment and Financial Interests to protect the integrity of the Government and to avoid employee involvement in a possible conflict of interest situation shall initiate such request to the Ethical Conduct Counselor, including therein a full justification to support the recommendation to include such employee. (h) An employee who believes his position has been improperly included under this Subpart E as one requiring the submission of a Confidential Statement of Employment and Financial Interests may seek review thereof under the Grievance Procedures in Part 746 of the Postal Manual. [32 F.R. 11785, Aug. 16, 1967; 32 F.R. 12115, Aug. 23, 1967, as amended at 33 F.R. 570; Jan. 17, 1968] § 742.735-53 Required forms for confidential statement of employment and financial interests. (a) For Government employees, Form 2417. (b) For special Government employees, Form 2418. § 742.735-54 Exclusions. (a) Employees in positions listed in § 742.735-52 (c) and (d) of this chapter may be excluded from the reporting requirement when the Ethical Conduct Counselor determines that: (1) The duties of a position are such that the likelihood of the incumbent's involvement in a conflict of interest situation is remote; (2) The duties of a position are at such a level of responsibility that the submission of a statement of employment and financial interests is not necessary because of the degree of supervision and review over the incumbent or the inconsequential effect on the integrity of the Government. (b) A statement of employment and financial interests is not required by this subpart from the Postmaster General. He is subject to separate reporting requirements under section 401 of Executive Order 11222. [32 F.R. 11785, Aug. 16, 1967; 32 F.R. 12115. Aug. 23, 1967, as amended at 34 F.R. 11583, July 15, 1969] Subpart F-Specific Provisions for Special Government Employees § 742.735-61 Special Government employees required to submit state ments. Except as provided in § 742.735-62, each special Government employee shall submit a statement of employment and financial interest which reports: (a) All other employment; and (b) The financial interests of the special Government employees which the Ethical Conduct Counselor determines are relevant in the light of the duties he is to perform. [32 F.R. 11785, Aug. 16, 1967; 32 F.R. 12115, Aug. 23, 1967, as amended at 34 F.R. 11583. July 15, 1969] § 742.735-62 Exceptions. The Ethical Conduct Counselor may waive the requirement in § 742.735-61 above for the submission of a statement of employment and financial interests in the case of a special Government employee who is not a consultant or an expert when he finds that the duties of the position held by that special Government employee are of a nature and at such a level of responsibility that the submission of the statement by the incumbent is not necessary to protect the integrity of the Government. For the purpose of this section consultant and expert have the meanings given those terms by Chapter 304 of the Federal Personnel Manual, but do not include a physician, dentist, or allied medical specialist whose services are procured to provide care and service to patients. [34 F.R. 11583, July 15, 1969] |