|212 FW 5
Approval of Outside Employment
with a Prohibited Source
FWM#: 421 (New - Supersedes Director's Order 118,12/10/99)
Date: April 3, 2003
Series: General Administration
Part 212: Ethics
Originating Office:Division of Human Resources
5.1 What is the purpose of this chapter? This chapter establishes Fish and Wildlife Service policy regarding prior approval of outside employment with a prohibited source.
5.2 To whom does this chapter apply? This chapter applies to all employees of the Service.
5.3 What is the authority for establishing this policy? 5 CFR 3501, Supplemental Standards of Ethical Conduct for Employees of the Department, requires that Department of the Interior employees obtain written approval from their ethics counselor or other agency designee before engaging in outside employment with a prohibited source.
5.4 What does outside employment mean? For purposes of this chapter, employment means any form of non-Federal business relationship involving the provision of personal services by the employee, with or without compensation. It includes but is not limited to personal services as officer, director, employee, agent, attorney, consultant, contractor, general partner, trustee, teacher, or speaker. It includes writing done under an arrangement with another person for production or publication of a written product. It does not, however, include participation in the activities of nonprofit charitable, religious, professional, social, fraternal, educational, recreational, public service, or civic organization, unless the participation involves the provision of professional services or advice for compensation other than reimbursement for actual expenses.
5.5 What is a prohibited source? A prohibited source includes any organization, a majority of whose members are described in A through D below, and any person who:
A. Is seeking official action by the Service;
B. Does business or seeks to do business with the Service;
C. Conducts activities regulated by the Service; or
D. Has interests that may be substantially affected by the performance or nonperformance of the employee's official duties.
5.6 Who can approve requests to perform outside work with a prohibited source? Your servicing ethics counselor is authorized to approve requests to perform outside work with a prohibited source. Submit requests in writing to the servicing ethics counselor, through your first-level supervisor.
5.7 What do I include in my request? Include, at a minimum, the following:
A. Your name, occupational title, office address, and office telephone number.
B. A brief description of your official duties.
C. The nature of the outside employment, including a full description of the specific duties or services to be performed.
D. The name and address of the prospective outside employer.
E. A statement that you currently have no official duties involving a matter that affects the outside employer and that you will disqualify yourself from future participation in matters that could directly affect the outside employer.
5.8 If my circumstances
change, do I need to submit another request? Upon a significant
change in the nature of your outside employment or in your official position,
submit a revised request for approval. If your outside employment terminates,
you do not need to notify your servicing ethics counselor.