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ABSCAM — Part 8
Page 27
27 / 57
. and
idave available fur review by em-
‘PS and special Government em-
PS. aS appropriate, copies of laws,
uxecutive order. agency regula-
4 and pertinent OPM regulations
“qnstructions relating to ethical
“her eonduct.
Agency regulations issued under
art are effective only after ap-
. | bv OPM and publication in the
' aL Recisrer.
. tequests for approval of agency
tions to be issued under this
' }all be directed to the Office of
nel Management. Office of the
on Counsel. Washington. D.C.
This Section applies to any
ment of agency regulations
“under this part.
‘N agency head who does not
‘ry it feasible to. Prepare agency
ions under this part because of
~All number of his employees, or
-her reason acceptable to OPM,
‘pt the regulations in this part
Feation, aS appropriate, to the
"7eS and special Government
3es of his agency if:
3 Obtains the approval of OPM
adoption: and
jer obtaining that approval. he
-A Notice to the Feperat Recis-
“sOuncing the applicability of
to his employees,
: : Interpretation and advisory serv-
§
\king employee of his agency
-fappropriate experience. pref.
“zal, and in whom he has com-
_ 4sonal confidence. to be the
} for the agency and to serve
gency’s designee to OPM on
fOvered by this part. The
4 Shall be made responsible
‘nation of the agency’s roun-
‘peices provided under para-
of this section and for assur-
counseling and interpreta-
uestions of conflicts of inter-
sher matters covered by this
_ ¥ailable to deputy counselors
| under paragraph (b) of tais
y
4
i
i
{
i
4
i
t
1
yj agency head shall designate
tyr eet ARENCY Lead shall designate
deputy counselors for the agency's em
Ployees and Special Government em
ployees. Deputy counselors designated
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 ad ce -on
questions of conflicts of nterest and
on other matters covered by this part.
(c) Each agency shall notify its em.
Ployees and special Government em.
ployees of the availability of counse}-
ing services and of how and where
these services are available. This notj-
fication shall be made within 90 da:s
after approval of the agency reguli.
tions to be issued under this part. ard
Periodically thereafter. In the case af
a new employee or Special Gover.
ment empioyvee appointed after ths
notification, notification shall be made
at the time of his entrance on duty.
§ 735.106 Reviewing statements and re-
porting conflicts of interest.
(a) Agency regulations issued under
this part shall establish a system for
the review of Slatements of employ
ment and financial interests submitted
under Subpart D of this part. The
System of review shall be designed to
disclose conflicts of interest or appar.
ent conflicts of interest On the part of
employees and special Government
employees
(b) The system of review established
under Paragraph (a) of this section
Shall provide that. when a statement
submitted under Subpart D of this
Part or information from other
Sources indicates a conflict between
the interests of an employee or special!
Government employee and the per-
formance of his services for the Gov-
ernment and when the conflict or ap-
pearance of conflict is not resulved at
a lower level in the agency, the infor-
mation concerning the conflict or ap-
pearance of conflict shall be reported
to the agency head through the coun.
selor for the agency.
(c) The employee or special Govern-
ment employee concerned shall be
Provided an Opportunity to explain
the conflict or appearance of conflict.
370
_—. o.
aente =
§ 735.107 Disciplinary and other remedial
action,
(a) Agency regulations issued unde
this part shall provide that a violatio
of the agency regulations by an em-
ployee or special Government employ-
ee may be cause for appropriate disci-
plinary action which may be in addi-
tion to any penalty prescribed by law.
(b) When, after consideration of the
explanation of the employee or special}
Government employee provided by
§ 735.106, the agency head decides that
remedial action is required, he shal}
take immediate action to end the con-
flicts or appearance Of conflicts of _in-
terest. Remedial action may include.
but is not limited to:
(1) Changes in assigned duties:
(2) Divestment by the employee or
Special Government employee of his
conflicting interest:
@ Disciplinary action: or
(4) Disqualification for @ particular
assignment.
Remedial action, whether disciphnary
or otherwise, shall be effected in ac.
cordance with any applicable laws, Ex.
ecutive orders, and regulations.
Subpart B—Agency Regulations Gov-
erning Ethical and Other Conduct
and Responsibilities of Employees
§ 735.201 Specific Provisions of agency
regulations.
Agency regulations issued under this
Subpart, as a minimum, shal] contain
Provisions covering the Standards of
and governing the ethical and other
conduct of its employees set forth in
§§ 735.202 through 735.210.
(b) Giving preferential treatment to
any person:
(ec) Impeding Government efficiency
or economy:
(d) Losing complete independence or
impartiality;
(e) Making a Government decision
outside officia} channels: or
Shall not solicit or accept. directiy or
indirectly, any gift. gratuity, favor, en
tertainment, loan, or any other thine
of monetary value, from a person who
(1) Has. or is seeking to obtain. ¢ 1.
tractual or other business or finance “a
relations with his agency:
(2) Conducts Operations or acti, +s
that are regulated by his agency: o-
(3) Has interes's that mas be .o°
Stantially affectec by the performar. -
or nonperformance of his Official duis
(0) Agency regulations mpleme Nr,
Paragraph (a) of this section ma «fre.
vide for such exceptions as mai:
necessary and appropriate in view Ay
the nature of the aBeEncy’s work ane
the duties and responsibilities of tis
employees. Appropriate exceptions
which may be made by an agency 4).
clude, but are not limited to. those
that.
(1) Govern obvious famils or person
al relationships ‘such as thase ,.
tween the parents, children, or spouse
of the emplovee and the employe.
when the circumstances make it Clear
that it is those relationships rather
than the business of the persone ey.
cerned which are the mouwating : 3.
tors:
(2. Permit acceptance of food ar. .
{resnments of nominal value on pry
quent occasions in the ordinary cours.
of a luncheon or dinner meeting i;
other meeting or on an inspectio€
where an employee may Property Swe" 11,
attendance:
and usual activities of emplovees, suet:
as home mortgage loans: and
(4) Permit acceptance of uNnsohicite:
advertising or Promotional! material.
such as pens, pencils, note pads, calen.
dars and other items of nominal} tn.
trinsic value.
(c) (Reserved) '
(d) An employec shall not solicit a
contribution from another emploves
for a gift to an official superior. make
371
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