Miscellaneous Ethics Topics

Use of Public Office for Private Gain (5 C.F.R. § 2635.702)

As a BOR employee, you may not use your public office for your own private gain or for the private gain of friends, relatives, business associates, or any other entity, no matter how worthy. Except as provided by law or regulation, you may not use or permit the use of your Government position or title or any authority associated with your public office in a manner that could reasonably be construed to imply that BOR or the Government sanctions or endorses any of your personal activities or the activities of another.

Inducement of Coercion of Benefits (5 C.F.R. § 2635.702(a)

You may not use or permit the use of your Government position or title or any authority associated with your public office in a manner that is intended to coerce or induce another person, including a subordinate, to provide any benefit, financial or otherwise, to yourself or to friends, relatives, or persons with whom you are affiliated in a nongovernmental capacity.

Appearance of Government Sanction (5 C.F.R. § 2635.702(b)

You may not use or permit the use of your Government position, title, or any authority associated with your public office in a manner that could reasonably be construed to imply that BOR or the Government sanctions or endorses your personal activities or those of another.

Letters of Recommendation

You may sign a letter of recommendation using your official title only in response to a request for an employment recommendation or character reference based upon personal knowledge of the ability or character of a person with whom you have dealt in the course of Federal employment or whom you are recommending for Federal employment.

Endorsements (5 C.F.R. § 2635.702(c))

A BOR employee shall not use or permit the use of his or her Government position or title or any authority associated with his or her public office to endorse any product, service, or enterprise except:

  1. In furtherance of statutory authority to promote products, services, or enterprises;
  2. As a result of documentation of compliance with agency requirements or standards; or
  3. Under an agency program in recognition for accomplishment in support of BOR’s mission.

You may endorse an outside program in your private capacity. However, your endorsement may not make reference to your official title or position within BOR.

Use of Government Property, Time and Information (5 C.F.R §§ 2635.703-705)

It is your responsibility as a BOR employee to protect and conserve Government-owned or -leased property and vehicles and to use them only for authorized purposes. You are misusing a Government vehicle when you use it for personal benefit as opposed to using it for the benefit of the Government.

You may not use Government purchasing authority or a Government charge card for personal acquisitions, even if your reimburse the Government.

When leaving Government service, you may not remove envelopes (with or without applied postage) or official letterhead stationery for personal business. This includes mailing your resumes/applications for Federal or private positions. Violation of the prohibition against using franked (postage paid) envelopes may result in a fine (18 U.S.C. § 1719).

You must use official time both your own and that of your subordinates, in an honest effort to perform official duties.

You are prohibited from engaging in any financial transaction using “insider” or nonpublic information or allowing the improper use of nonpublic information to further your own private interest or that of another. Nonpublic information is information that the employee gains by reason of Federal employment and knows (or reasonably should know) has not been made available to the general public ( e.g., classified or other information that is routinely exempt from disclosure).

The DOI’s Limited Personal Use Policy (410 DM 2) applies only to personal use of Department-owned or -leased computers (and internet services), telephones, fax machines, and non-color photocopiers.

This limited personal use policy does not apply to the use of the Government-owned or -leased motor vehicles, or to the use of Government charge cards. The policy applies to Government equipment used on Government premises. BOR employees may not, without proper authorization, remove Government equipment from the office for home use.

Use of Computers and the Internet

BOR employees may use Government computers and the internet for personal use on their personal time (before and after work; during lunch and other breaks) provided there is no additional cost to the Government. BOR employees may make personal purchases over the Internet, provided they have the purchased item sent to a non-Government address. The following activities are absolutely prohibited on any Government-owned or -leased computer:

  • Gambling;
  • Visiting and downloading material from pornographic websites;
  • Improperly lobbying Congress or any Government agency;
  • Campaigning – political activity;
  • Online stock trading activities;
  • Online real estate activities;
  • Online activities that are connected with any type of outside work or commercial activity, including day trading;
  • Endorsements of any products, services, or organizations;
  • Fundraising for external organizations or purposes (except as required as part of your official duties under applicable statutory authority and bureau policy); and
  • Any type of continuous audio or video streaming from commercial, private, news, or financial organizations.

Use of BOR E-mail

BOR does not place any restrictions on incoming e-mail. Under DOI Policy, 410 DM 2, BOR employees may send out personal e-mail provided that:

  • Personal use of e-mail does not cause congestion, delay, or disruption of service to any Government system or equipment.
  • Messages are not sent to more than five addresses (no mass mailings).
  • The BOR employee does not represent himself or herself as acting in an official capacity.
  • Messages do not contain partisan political messages.
  • It is important to note that any e-mail on any BOR e-mail system may become an official record. BOR employees have no right to privacy for e-mail transmissions; BOR is often required to release employee e-mails pursuant to the Freedom of Information Act or Inspector General, court, or Congressional orders.

Use of BOR Telephones

BOR employees may use Government property only as authorized. BOR employees may use BOR landline telephones for personal calls when they are necessary, provide a benefit to BOR, and do not result in any additional costs to the Government. Such calls are deemed to be in the interest of the Government to the extent they enable employees to remain at their workstations, thereby increasing Government efficiency.

Personal phone calls may not adversely affect the performance of official duties or the employee’s work performance, must be of reasonable duration and frequency, and could not reasonably have been made during non-duty hours.

BOR cell phones may be used for personal calls only to the extent that such calls would be authorized on a BOR landline telephone and so long as no additional costs are imposed on the Government.

Use of Government Travel Cards While in Official Travel Status

Government Travel Cards may only be used for official travel and may not be used for any personal purchases.

Gambling, Raffles and Betting Pools

Unless authorized by statute or regulation, all forms of gambling activities are prohibited at all times in facilities owned or leased by the Government. BOR employees may not engage in gambling activities while on duty. Prohibited gambling activities include, but are not limited to, raffles, lotteries, numbers (games), football pools, etc. See 5 C.F.R. § 735.201 and
41 C.F.R. § 102-74.395.

Hatch Act

The Hatch Act, a federal law passed in 1939, limits certain political activities of federal employees, as well as some state and local government employees who work in connection with federally funded programs. The Hatch Act’s purposes are to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation.

Employee Categories

Except for the President and the Vice President, all federal civilian executive branch employees are covered by the Hatch Act. Even part-time employees are covered by the Act, and all employees continue to be covered while on annual leave, sick leave, leave without pay, or furlough. However, employees who work on an occasional or irregular basis, or who are special government employees, are subject to the restrictions only when they are engaged in government business. As BOR employees, you will fall in two categories under the Hatch Act, Less Restricted and Further Restricted.

Less Restricted

Most BOR employees (except those listed under Further Restricted) are considered Less Restricted under the Hatch Act. Less Restricted employees may take an active part in partisan political management or partisan political campaigns.

Further Restricted

Further Restricted federal executive branch employees are prohibited from engaging in partisan political management or partisan political campaigns. More specifically, Further Restricted employees are employed by the following agencies (or components) or in the following positions:

  • Persons employed in position described under Sections 3132(a)(4), 5372, 5372(a), or 5372(b) of Title 5, United States Code, including:
    • Senior Executive Service; and
    • Administrative Law Judges.

Pentalties for Violating the Hatch Act

The penalty structure for violations of the Hatch Act by BOR employees includes removal from federal service, reduction in grade, debarment from federal employment for a period not to exceed 5 years, suspension, reprimand, or a civil penalty not to exceed $1,000. This statutory maximum penalty amount is subject to annual adjustments by the Merit Systems Protection Board pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

How to File a Hatch Act Complaint

As a BOR employee, if you suspect an employee has violated the Hatch Act, please reach out to your assigned ethics official for guidance. The ethics official will conduct a preliminary review of the violation and will provide advice and counsel on the next steps (if applicable) for filing a Hatch Act Complaint.

Political Activity

Most BOR employees, except SES employees, may actively participate in political management and political campaigns. Accordingly, these employees may engage in “political activity” on behalf of a political party or partisan political group or candidate in a partisan election as long as it is not on duty or in the workplace. Political activity refers to any activity directed at the success or failure of a partisan group or candidate in a partisan election.

Permitted Activities for Less Restricted Employees

BOR Less Restricted employees may:

  • Be candidates for public office in nonpartisan elections;
  • Register and vote as they choose;
  • Assist in voter registration drives;
  • Contribute money to political campaigns, political parties, or partisan political groups;
  • Attend political fundraising functions;
  • Attend and be active at political rallies and meetings;
  • Hold office in political clubs or parties;
  • Distribute campaign literature in partisan elections;
  • Volunteer to work on a partisan political campaign;
  • Campaign for or against candidates in partisan elections; and
  • Campaign for or against referendum questions, constitutional amendments, or municipal ordinances.

Permitted Activities for Further Restricted Employees

Further Restricted (e.g., BOR SES) employees may:

  • Register and vote as they choose;
  • Assist in nonpartisan voter registration drives;
  • Participate in campaigns where none of the candidates represent a political party;
  • Contribute money to political campaigns, political parties, or partisan political groups;
  • Attend political fundraising functions;
  • Attend political rallies and meetings;
  • Campaign for or against referendum questions, constitutional amendments, or municipal ordinances; and
  • Be a candidate for public office in a nonpartisan election.

Prohibited Activities for Less Restricted Employees

BOR Less Restricted employees shall not:

  • Use their official authority or influence to interfere with or affect the result of an election, by, for example:
    • Using their official titles or position while engaged in political activity; and
    • Inviting subordinate employees to political events or otherwise suggesting to subordinates that they attend political events or undertake any partisan political activity.
  • Solicit, accept or receive a donation or contribution for a partisan political party, candidate for partisan political office, or partisan political group, by, for example:
    • Hosting a political fundraiser; and
    • Collecting contributions or selling tickets to political fundraising functions.
  • Be candidates for partisan political office.
  • Knowingly solicit or discourage the participation in any political activity of anyone who has business pending before their employing office.

Prohibited Activities for BOR Further Restricted Employees

BOR SES employees shall not campaign for or against candidates or otherwise engage in political activity in concert with a political party, a candidate for partisan political office, or a partisan political group. Such employees shall not:

  • Be a candidate for nomination or election to public office in a partisan election.
  • Take an active part in partisan political campaign, by, for example:
    • Campaign for or against a candidate or slate of candidates;
    • Make campaign speeches or engage in other campaign activities to elect partisan candidates;
    • Distribute campaign materials in partisan elections; and
    • Assist in partisan voter registration drives.
  • Take an active part in partisan political management, by, for example:
    • Holding office in political clubs or parties;
    • Organize or manage political rallies or meetings; and
    • Assist in partisan voter registration drives.

In sum, it is important to note that all BOR employees shall not:

  • Engage in political activity (i.e., activity directed at the success or failure of a political party, candidate for partisan political office, or partisan political group) while the employee is on duty, in any federal room or building, while wearing a uniform or official insignia, or using any federally-owned or leased vehicle. For example, while at work BOR employees shall not:
    • Distribute campaign materials or items;
    • Display campaign materials or items;
    • Perform campaign-related chores;
    • Wear or display partisan political buttons, t-shirts, signs, or other items;
    • Make political contributions to a partisan political party, candidate for partisan political office, or partisan political group;
    • Post or comment to a blog or social media site that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group; or
    • Use any email account or social media to distribute, send, or forward content that advocates for or against a partisan political party, candidate for partisan political office, or partisan political group.
Last Updated: 1/11/23