Hiring officials must work with Office of the General Counsel (GC) ethics officials to discuss any obvious ethics restrictions that may affect candidates for employment. This may include a frank discussion of whether the candidate will be able and willing to comply with federal ethics statutes and regulations, some of which are criminal, in order to fulfill the duties of the position.
CONFLICTING FINANCIAL INTERESTS - Employees may not participate in any matter that would have a direct and predictable effect on their financial interests, or the interests of those imputed to them. This prohibition carries criminal penalties.
- Things to look for:
- Previous work experience for an entity whose business may intersect with the duties of the position. For example, deferred pension benefit plans, stock, or stock options may create a conflict.
- Serving as an officer, director, trustee, or general partner of an entity whose business may intersect with the duties of the position. Employee may be required to resign from on going obligations or dissolve existing partnerships.
- Applicant expressing an intention to return to a position or entity following government service. This may raise negotiating for employment or post-employment issues.
- Applicants will be expected to prioritize public service and immediately divest of any assets or outside activities that prevent them from carrying out the duties of their position.
IMPARTIALITY IN PERFORMING OFFICIAL DUTIES – Employees may not participate in any matters that would call into question their impartiality as a federal official. This includes anything with the ability to affect the financial interests of close friends or relatives, former employers, organizations with which they are closely associated.
- Things to look for: Positions the applicant has held in the previous year.
- These may involve temporary recusal from certain duties. Please note that the applicant may have a one year cooling off period. GC will work with you to determine whether the applicant can perform the duties of the position for which they are being considered.
OUTSIDE ACTIVITIES
- Employees are expected to prioritize their official duties over any outside activity or endeavor.
- Things to look for: Positions the applicant may hold in addition to full time paid work.
- Employees may be required to resign from certain positions or place an existing outside business into a dormant status. Inability or unwillingness to do so may result in inability to perform the duties of the position for which they are being considered.
Please free to contact the Office of the Assistant General Counsel for Ethics and Personnel Law, GC-21, at any
time for more information. We can be reached at [email protected].