IX. Conduct and Ethics

Working with Non-Federal Organizations

Forest Service employees can play an important official role in organizations outside the federal government. They can also participate unofficially as involved and concerned citizens. There are many benefits to official participation including sharing information, providing technical advice, and developing mutual understanding of each others’ goals, objectives and organizational cultures. All of these benefits contribute to building trust, effective relationships, and effective partnerships.

The involvement of federal employees in non-federal organizations, however, must comply with legally defined ethical standards. The sole responsibility of federal employees acting in their official capacities is to represent their agency. Participation in non-federal organizations must not affect federal employees’ ability to do their jobs objectively. Any conflicts of interest or possible perception of impropriety must be avoided. What follows describes how federal employees can participate in non-federal organizations while upholding their responsibility to the government.

Official Capacity A federal employee is participating officially if assigned by a superior, working on official time, reimbursed for travel expenses, using a government vehicle, in official uniform, on federal premises, or invited to participate as a result of his or her official position. In an official capacity, the employee participates solely as a representative of the United States.

Official liaisons Liaisons are official Forest Service representatives assigned to non-federal organizations by appropriate Forest Service officials when there is a significant and continuing Forest Service interest in participating. Liaisons must follow the conduct and ethics rules for federal employees described in this chapter. They can provide advising, consulting, and technical services to governing boards and represent the Forest Service in discussions on matters of mutual interest. They may not be involved in a management or fiduciary role in the non-federal organization and may not vote. Managers or supervisors appoint employees to this role and may not appoint themselves. A liaison’s duties are “official business” and can be performed using government resources such as time, equipment, supplies, and vehicles. (A sample agreement for a liaison position is provided in Appendix J – Liaison Agreement.)

DocumentationAs federal employees and partners work closely together on projects of mutual benefit, it is easy for distinctions between the parties to become blurred. Forest Service employees should develop a partnership working agreement to clearly articulate an employee’s role and participation, particularly if that the employee is participating as an agency liaison. This working agreement should identify the objectives for the federal employee’s participation, limits of the official participation, expected benefits to each partner, policies on endorsements and advertising, and responsibilities of each partner.

Endorsement The recommendation or promotion of commercial enterprises, products, and services are considered endorsements. Regulations prohibit agencies and employees from making reference to commercial enterprises or brand names of commercial products in interviews, and in written, audio, and visual materials unless certified by the agency’s information director as in the public interest. References in the public interest include acknowledging the contributions of a commercial enterprise in an officially approved, mutually beneficial partnership project when the business, products, and services are not promoted or recommended.