MD.110.8.1, ADM - Ethics Outside Employment

Maryland Bulletin: 110-8-1
Subject: ADM - Ethics Outside Employment
Date: October 31, 2007

Action Required By: November 30, 2007

Purpose. To remind employees about the Ethics regulations concerning Outside Employment.

Expiration Date. September 30, 2008.

Explanation.  All Financial Disclosure Report filers, must have written prior approval for outside employment. In Maryland this includes: State Conservationist, Assistant State Conservationists, District Conservationists, Administrative Officer, Contract and Procurement Specialists, Construction Engineer and RC & D Coordinators.

Those employees who are not required to file a financial disclosure report are reminded of the Outside Activities Ethics Regulation (Subpart H 5 CFR 2635.801-809) which states that you cannot engage in outside employment or any outside activity if it conflicts with the official duties of your government job.

The requirement for written prior approval of outside employment applies to outside employment meeting the definition provided below. Covered employees are to submit requests and obtain approval before engaging in covered outside employment. The employee is required to submit a revised request for approval upon a significant change in the nature of the outside employment or in the employee’s official position. “Employment" means any form of non-Federal employment or business relationship or activity involving the provision of personal services by the employee for direct, indirect, or deferred compensation other than reimbursement of actual and necessary expenses. It also includes, irrespective of compensation, the following outside activities:

1. Providing personal services as a consultant or professional, including service as an expert witness an attorney; and
2. Providing personal services to a for-profit entity as an officer, director, employee, agent, attorney, consultant, contractor, general partner, or trustee, which involves decision making or Policy making for the non-Federal entity, or the provision of advice or counsel." (5 C.F.R. § 8301.102(b)

No NRCS employee is required to get prior approval to be an officer in a non-profit organization unless compensated.

To better understand the regulations regarding outside employment, employees are to take the Outside Employment portion of Ethics training in AgLearn no later than November 30, 2007. This course will be added to employees’ learning plans in AgLearn. (http://www.aglearn.gov/)

Attached is form, “Application for Approval to Engage in Non-Federal Employment.” Prior to submitting a request for non-Federal employment, also view guidance under Rules of the Road on the USDA Ethics Web site, specifically the Standards of Ethical Conduct (5 C.F.R. 2635.401-.403; .501-.503; .701-.705; and .801-809).

Contact. For further information please contact Malcolm Reeves, Ethics Advisor, at (443) 482-2926 or at malcolm.reeves@md.usda.gov.

JON F. HALL
State Conservationist

Attachment: Application for Approval to Engage in Non-Federal Employment

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