Part

PART 2100-EMPLOYEE RESPONSIBILITIES AND CONDUCT

Sec.

2100.735-101 Adoption of regulations. 2100.735-102 Review of statements of employment and financial interests. 2100.735-103 Disciplinary and other remedial action.

2100.735-104 Gifts, entertainment,

2100.735-105

favors.

and

Outside employment. 2100.735-106 Specific provisions of agency regulations governing special Government employees. 2100.735-107 Statements of employment and financial interest.

AUTHORITY: The provisions of this Part 2100 issued under E.O. 11222; 3 CFR, 1964– 1965 Comp.; 5 CFR 735.104.

SOURCE: The provisions of this Part 2100 appear at 31 F.R. 6405, Apr. 28, 1966, unless otherwise noted.

§ 2100.735-101 Adoption of regulations.

Pursuant to § 735.104(f) of this title, the U.S. Soldiers' Home (referred to hereinafter as the agency) hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: 735.101-102, 735.202 (a), (c), (d), (e), 735.210, 735.302, 735.303 (a), 735.304,

735.305(a), 735.403 (a)-(c), 735.404, 735.411, 735.412 (b)-(d). These adopted sections are modified and supplemented as set forth in this part.

§ 2100.735-102 Review of statements of employment and financial inter

ests.

Each statement of employment and financial interests submitted under this

part shall be reviewed by the Governor. When this review indicates a conflict between the interests of an employee or special Government employee of the agency and the performance of his services for the Government, the Governor shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and resolve the indicated conflict with due consideration of the recommendation of the counselor for the agency designated under § 735.105(a) of this title.

§ 2100.735-103 Disciplinary and other remedial action.

An employee or special Government employee of the agency who violates any of the regulations in this part or adopted under § 2100.735-101 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include but is not limited to:

(a) Changes in assigned duties;

(b) Divestment by an employee or special Government employee of his conflicting interest; or

(c) Disqualification for a particular assignment.

§ 2100.735-104 Gifts, entertainment, and favors.

The agency authorizes the exceptions to 735.202(a) of this title set forth in § 735.202(b) (1)-(4) of this title.

§ 2100.735-105

Outside employment.

An employee of the agency may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilities of his Government employment.

§ 2100.735-106 Specific provisions of agency regulations governing special Government employees.

(a) Special Government employees of the agency shall adhere to the standards of conduct applicable to employees as set forth in this part and adopted under § 2100.735-101, except § 735.203 (b) of this title.

(b) Special Government employees of the agency may teach, lecture, or write in a manner not inconsistent with § 735.203 (c) of this title.

(c) Pursuant to § 735.305(b) of this title, the agency authorizes the same exceptions concerning gifts, entertainment, and favors for special Government employees as are authorized for employees by 2100.735-104.

§ 2100.735-107 Statements of employment and financial interests.

(a) In addition to the employees required to submit statements of employment and financial interest under § 735.403 (a)-(c) of this title, employees in the following named positions shall submit statements of employment and financial interest: Quartermaster, Engineer and Purchasing Officer.

(b) Each statement of employment and financial interest required by this section shall be submitted to the Governor, United States Soldiers' Home.

ployees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. The avoidance of misconduct and conflicts of interest on the part of Government employees and special Government employees through informed judgment is indispensable to the maintenance of these standards. To accord with these concepts, the regulations in this part set forth the Agency's standards covering the Agency's employees and special Government employees, prescribing standards of conduct and responsibilities, and governing statements reporting employment and financial interests. § 2200.735-102

Definitions.

(a) "Agency" means the District of Columbia Redevelopment Land Agency.

(b) "Board Member" means a member of the Board of Directors of the District of Columbia Redevelopment Land Agency appointed pursuant to Title 5, section 703, D.C. Code 1961.

(c) "Chairman" means the Chairman of the Board of Directors of the District of Columbia Redevelopment Land Agency.

(d) "Consultant" means an individual who serves as an adviser to an officer or instrumentality of the Government, as distinguished from an officer or employee who carries out the agency's duties and responsibilities. He gives his views or opinions on problems or questions presented him by the Agency, but he neither performs nor supervises performance of operating functions. Ordinarily, he is expert in the field in which he advises, but he need not be a specialist. His expertness may lie in his possession of a high order of broad administrative, professional, or technical experience indicating that his ability and knowledge make his advice distinctively valuable to the Agency. (Chapter 304, Federal Personnel Manual).

(e) "Division Head" means the head of a unit within the District of Columbia Redevelopment Land Agency designated as a Division by the Head of the Agency for the purposes of this part.

(f) "Employee" means an officer or employee of the Agency, but does not include a special Government employee.

(g) "Executive Order" means Executive Order 11222 of May 8, 1965.

(h) "Expert" means a person with excellent qualifications and a high degree

of attainment in a professional, scientific, technical, or other field. His knowledge and mastery of the principles, practices, problems, methods, and techniques of his field of activity, or of a specialized area in the field, are clearly superior to those usually possessed by ordinarily competent individuals in that activity, His attainment is such that he usually is regarded as an authority or as a practitioner of unusual competence and skill by other individuals in the profession, occupation, or activity. (Chapter 304, Federal Personnel Manual.)

(i) "Head of the Agency" means the Executive Director with respect to any employee or special Government employee except Board Members; and means the Chairman with respect to the Executive Director and Board Members.

(j) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

(k) "Special Government employee" means a Board Member and any officer or employee of the District of Columbia Redevelopment Land Agency who is retained, designated, appointed, or employed to perform, with or without compensation, for a period not to exceed 130 days during any period of 365 consecutive days, temporary duties either on a full-time basis, or intermittent basis. (18 U.S.C. 202.)

[31 F.R. 13787, Oct. 27, 1966, as amended at 32 F.R. 17573, Dec. 8, 1967]

§ 2200.735-103 Interpretation and advisory service.

(a) The General Counsel of the Agency, or such other officer as the Executive Director in his discretion shall from time to time appoint, after notification to the Civil Service Commission, shall be the Counselor for the Agency on matters of interpretation of the regulations in this part and shall be the Agency's designee to the Civil Service Commission on matters covered by the regulations in this part. The Counselor will be responsible for coordination of the Agency's counseling services provided under paragraph (b) of this section and for assuring that counseling and interpretations on questions of conflicts of interest and other matters covered by this part are available to Deputy Counselors designated under paragraph (b) of this section.

(b) The Executive Director shall from time to time in his discretion appoint Deputy Counselors to assist the Counselor, designated in paragraph (a) of this section, in the performance of his duties. Deputy Counselors appointed under this section shall be qualified and in a position to give authoritative advice and guidance to each employee and special Government employee who seeks advice and guidance on questions of conflicts of interest and on other matters covered by the regulations in this part.

(c) Each employee of the Agency shall be notified of the availability of counseling services and of how and where these services are available.

§ 2200.735-104 Review of statements of employment and financial inter

ests.

Each statement of employment and financial interests submitted under this part, except statements of the Executive Director, shall be reviewed by the appropriate Division Heads of the Agency. When this review indicates a conflict between the interests of an employee or special Government employee of the Agency and the performance of his services for the Government, the Division Head shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict. If the indicated conflict cannot be resolved, the Division Head shall forward a written report on the indicated conflict to the Head of the Agency through the Counselor for the Agency designated under § 2200.735-103. Statements of the Executive Director shall be submitted to the Head of the Agency for review within ninety (90) days from the date of approval of the regulations in this part as to the present Executive Director, and within thirty (30) days from the date a new Executive Director is appointed. § 2200.735-105 Disciplinary and other remedial action.

An employee or special Government employee of the Agency who violates any of the regulations in this part or adopted under § 2200.735-101 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to

end conflicts or appearance of conflicts of interest may include but is not limited to:

(a) Changes in assigned duties; (b) Disqualification for a particular assignment; or

(c) Divestment by the employee or special Government employee of his conflicting interest.

Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws, Executive orders, and regulations.

Subpart B-Agency Regulations Governing Ethical and Other Conduct and Responsibilities of Employees § 2200.735-201 Proscribed actions.

An employee shall avoid any action, whether or not specifically prohibited by the regulations in this part, which might result in, or create the appearance of:

(a) Using public office for private gain;

(b) Giving preferential treatment to any person;

(c) Impeding Government efficiency or economy;

(d) Losing complete independence or impartiality;

(e) Making a Government decision outside official channels; or

(f) Affecting adversely the confidence of the public in the integrity of the Government.

[32 F.R. 17573, Dec. 8, 1967] § 2200.735-201a

and favors.

Gifts, entertainment,

(a) Except as provided in paragraph (b) of this section, an employee or a member of the employee's immediate family shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a person who:

(1) Has, or is seeking to obtain, contractual or other business or financial relations with the Agency;

(2) Conducts operations or activities that are regulated by the Agency; or (3) Has interests that may be substantially affected by the performance or nonperformance of the employee's official duty.

(b) The prohibitions of paragraph (a) of this section do not apply to:

(1) Obvious family or personal relationships (such as those between the employee and his parents, children, or spouse) when the circumstances make