IX. Conduct and Ethics
Official Participation in Non-Federal Organizations
What a Forest Service Employee Needs to Know
- Forest Service employees can serve as official liaisons, technical advisors, committee chairpersons, or members representing the agency when there are no conflict of interest or impartiality concerns (or those concerns have been officially waived). Their title or position must not appear to endorse the non-federal organization or appear to affect impartiality.
- Employees should clearly define their participation through a partnership working agreement, particularly if they are serving as an official liaison. This agreement clarifies conduct and ethics concerns, identifies the objectives for the employee’s participation, and articulates responsibilities of each partner and expected benefits. (See the sample agreement for a liaison position in Appendix J – Liaison Agreement.)
- The Forest Service can purchase memberships in non-federal organizations to stay informed of the activities of the organizations.
- Forest Service employees can attend national conferences and meetings on official travel and time for professional development when it is part of their official training plan. They can schedule time for official participation, in concurrence with their supervisors.
- Employees can present proposals and ideas related to their official duties within the non-federal organization to appropriate Forest Service and federal officials.
- The Forest Service can accept travel and subsistence costs (airfare, lodging, etc) provided by the non-federal organization in connection with official duties under 31 USC 1353. Traveling employees require prior approval from an agency ethics advisor.
Fiduciary role A legal duty where one is bound to act in another’s best interest, such as a board member acting in the interest of the organization on whose board the employee serves, or a trustee acting on behalf of a beneficiary.
Working in a Personal Capacity with Non-Federal Organizations
What a Forest Service Employee Needs to Know
- Forest Service employees can participate in non-federal organizations in an unofficial personal capacity. Informing supervisors is encouraged to ensure that federal policies are being followed.
- Personal participation must occur on an employee’s personal time, not during official work time. The Forest Service will not cover an employee’s travel expenses, authorize the use of government vehicles, allow meetings on federal property, or permit the use of government equipment for this type of participation.
- An employee may not serve in a personal capacity as an officer of a non-federal organization, member of the board of directors, or in any similar position if is offered to the employee based on his or her official Forest Service assignment or position.
- To serve a non-federal organization for pay or as an unpaid consultant, a Forest Service employee may need to seek prior approval [5 CFR, part 8301]
For additional guidance on working in a personal capacity refer to Appendix H – Additional Legal References for Conduct and Ethics – and the USDA Office of Ethics Website (http://www.usda-ethics.net).
Where an employee is an active participant or fiduciary of a non-federal organization in a personal capacity, the potential for conflict is very high if there is interest in that person having significant “official duties” to perform involving the same organization.