DOT 49 CFR PART 805-2010 EMPLOYEE RESPONSIBILITIES AND CONDUCT.pdf

1、557 National Transportation Safety Board 805.7351 statement referred to in 804.6(d), the NTSB shall maintain a complete tran-script of electronic recording adequate to record fully the proceedings of each meeting, or a portion thereof, closed to the public. The NTSB may maintain a set of minutes in

2、lieu of such tran-script or recording for meetings closed pursuant to 804.5 (h) or (j). Such min-utes shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any ac-tions taken, and the reasons therefor, including a description of each of the views exp

3、ressed on any item and the record of any rollcall vote. All docu-ments considered in connection with any actions shall be identified in such minutes. 804.10 Availability and retention of transcripts, recordings, and min-utes, and applicable fees. The NTSB shall make promptly available to the public

4、the transcript, electronic recording, or minutes of the discussion of any item on the agenda or of any testimony received at the meet-ing, except for such item, or items, of discussion or testimony as determined by the NTSB to contain matters which may be withheld under the exemptive provisions of 8

5、04.5. Copies of the non-exempt portions of the transcript or minutes, or transcription of such re-cordings disclosing the identity of each speaker, shall be furnished to any per-son at the actual cost of transcription or duplication. the NTSB shall main-tain a complete verbatim copy of the transcrip

6、t, a complete copy of the min-utes, or a complete electronic record-ing of each meeting, or a portion there-of, closed to the public for at least two years after such meeting, or until one year after the conclusion of any NTSB proceeding with respect to which the meeting, or a portion thereof, was h

7、eld, whichever occurs later. PART 805EMPLOYEE RESPONSIBILITIES AND CONDUCT Sec. 805.7351 Purpose. 805.7352 Definitions. 805.7353 Policy. 805.7354 Financial interests of Members and employees. 805.7355 Receipt of gifts, entertainment, and favors by Members or employees. 805.7356 Misuse of information

8、 by Members and employees. 805.7357 Outside activities of Members and employees. 805.7358 Employment of family members in transportation and related enterprises. 805.7359 Use of Government property. 805.73510 Member and employee indebted-ness. 805.73511 Gambling, betting, and lotteries. 805.73512 Co

9、ercion. 805.73513 Conduct prejudicial to the Gov-ernment. 805.73514 Specific regulations for special Government employees. 805.73515 Miscellaneous statutory provi-sions. 805.73516 Statements of employment and fi-nancial interests. 805.73517 Supplementary statements. 805.73518 Interests of employees

10、relatives. 805.73519 Information not known by em-ployees. 805.73520 Information not required of em-ployees. 805.73521 Confidentiality of statements. 805.73522 Effect of statements on other re-quirements. 805.73523 Submission of statements by spe-cial Government employees. 805.73524 Review of financi

11、al statements. 805.73525 Publication and interpretation. 805.73526 Employees complaint on filing requirements. 805.73527 Disciplinary or remedial action. APPENDIX I TO PART 805MISCELLANEOUS STATUTORY PROVISIONS APPENDIX II TO PART 805EMPLOYEES RE-QUIRED TO SUBMIT STATEMENTS AUTHORITY: E.O. 11222 of

12、May 8, 1965, 30 FR 6469, 3 CFR 1965 Supp.; 5 CFR 735.101 et seq., and 5 CFR 735.404. SOURCE: 40 FR 30239, July 17, 1975, unless otherwise noted. 805.7351 Purpose. This part sets forth the standards of ethical and other conduct required of all Board Members and employees, in implementation of Executi

13、ve Order 11222, May 8, 1965 (30 FR 6469), and part 735 of the Civil Service Commission Regulations adopted pursuant thereto (5 CFR part 735). It also contains ref-erences to the several applicable stat-utes governing employee conduct, par-ticularly Pub. L. 87849, 76 Stat. 119 (18 U.S.C. 201 et seq.)

14、, and the Code of Ethics for Government Service, House Concurrent Resolution 175, 85th Con-gress, 2d Session (72 Stat. B12). VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00567 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo re

15、production or networking permitted without license from IHS-,-,-558 49 CFR Ch. VIII (10110 Edition) 805.7352 805.7352 Definitions. As used in this part. Executive order means Executive Order 11222 of May 8, 1965 (30 FR 6469). Members and employees means the Board Members and employees of the Nationa

16、l Transportation Safety Board (Board) and active duty officers or en-listed members of the Armed Forces detailed to the Board, but does not in-clude special Government employees. Person means an individual, a cor-poration, a company, an association, a firm, a partnership, a society, a joint stock co

17、mpany, or any other organiza-tion or institution. Special Government employee means an employee of the Board who is retained, designated, appointed, or employed to perform temporary duties, with or without compensation, for a period not to exceed 120 days during any period of 365 consecutive days, o

18、n either a full- time or intermittent basis. 54 FR 10332, Mar. 13, 1989 805.7353 Policy. (a) The maintenance of unusually high standards of honesty, integrity, impartiality, and conduct by its Mem-bers and employees and special Govern-ment employees is essential to assure the proper performance of t

19、he Boards business and the maintenance of con-fidence by citizens in their Govern-ment. Therefore, the Board requires that its Members and employees and special Government employees adhere strictly to the highest standard of eth-ical conduct in all of their social, busi-ness, political and other off

20、-the-job ac-tivities, relationships, and interests, as well as in their official actions. (b) All Members and employees and special Government employees shall avoid situations which might result in actual or apparent misconduct or con-flicts of interest. (c) Members and employees shall avoid any act

21、ion, whether or not spe-cifically prohibited by the regulations in this part which might result in, or create the appearance of: (1) Using public office for private gain; (2) Giving preferential treatment to any person; (3) Impeding Government efficiency or economy; (4) Losing complete independence

22、or impartiality; (5) Making a Government decision outside official channels; or (6) Affecting adversely the confidence of the public in the integrity of the Government. 805.7354 Financial interests of Mem-bers and employees. (a) A Member or employee shall not: (1) Have direct or indirect financial i

23、nterests which conflict, or appear to conflict, with his assigned duties and responsibilities within the Board; or (2) Engage in, directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through his employment by the Board. (b) This section does n

24、ot preclude a Member or an employee from having a financial interest or engaging in finan-cial transactions to the same extent as a private citizen not employed by the Government, so long as it is not pro-hibited by law, the Executive Order, 5 CFR part 735, or the regulations in this part. 805.7355

25、Receipt of gifts, entertain-ment, and favors by Members or employees. (a) Except as provided in paragraphs (b) and (g) of this section, a Member or employee shall not solicit or accept, di-rectly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, fro

26、m a person who: (1) Has, or is seeking to obtain, con-tractual or other business or financial relations with the Board; (2) Conducts operations or activities that are subject to Board jurisdiction; or (3) Has interests that may be sub-stantially affected by the performance or nonperformance of his o

27、fficial duty. (b) The prohibitions of paragraph (a) of this section do not apply to: (1) Obvious family or personal rela-tionships such as those between the employee and his parents, children, or spouse, when the circumstances make it clear that those relationships rather VerDate Mar2010 10:10 Dec 1

28、3, 2010 Jkt 220218 PO 00000 Frm 00568 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-559 National Transportation Safety Board 805.7356 than the business of the persons con-c

29、erned are the motivating factors; (2) Acceptance of food and refresh-ments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting, other meetings, or inspection tours where a Member or employee may properly be in attendance; (3) Acceptance of unsolicited adve

30、r-tising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value; (4) Acceptance of loans from banks or other financial institutions on cus-tomary terms to finance proper and usual activities of employees, such as home mortgage loans; (5) Util

31、ization by Members or em-ployees of the services offered to the public by any of the persons specified in paragraph (a) of this section: Pro-vided, That full value, as published in a carriers tariffs, or as is customarily charged to the public, is paid therefor; (6) Carriage without charge by a car-

32、rier, of Members or employees engaged in official duties, for safety purposes, as provided for in the Civil Aeronautics Boards regulations; (7) Acceptance of invitations, when approved by the Chairman or the Man-aging Director, with respect to meals and accommodations when on official business outsi

33、de the continental United States; where commercial ac-commodations are unavailable or inap-propriate; or where refusal of the offer would be otherwise inappropriate in light of all circumstances involved; and (8) Acceptance of an invitation ad-dressed to the Board, when approved by the Chairman or t

34、he Managing Direc-tor, by an employee (including, where applicable, his wife or a member of his immediate family), to participate in an inaugural flight or similar ceremonial event related to transportation, and accept food, lodging, and entertain-ment incident thereto. (c) Members and employees sha

35、ll not solicit contributions from another Member or employee for a gift, or make a donation as a gift, to a Member or employee in a superior official posi-tion. (d) A Member or an employee in a su-perior official position shall not accept a gift from an employee or employees receiving less salary th

36、an himself. However, paragraph (c) of this section and this paragraph (d) do not prohibit a voluntary gift of nominal value or a donation in a nominal amount made on a special occasion, such as marriage, illness, retirement, or transfer. (e) Members and employees shall not accept a gift, present, de

37、coration, or other thing from a foreign government unless authorized by Congress as pro-vided by the Constitution and in 5 U.S.C. 7342. (f) Members and employees may not be directly reimbursed by a person for travel on official business under agency orders. However, reimbursement in the form of a do

38、nation may be made to the Board. The Member or employee in-volved will be paid by the Board in ac-cordance with applicable laws and reg-ulations relating to reimbursement for official travel. If the Member or em-ployee is furnished accommodations, goods, or services in kind they may be treated as a

39、donation to the Board, and either no per diem and other travel ex-penses will be paid or an appropriate reduction will be made in the per diem or other travel expenses payable, de-pending upon the extent of the dona-tion. No Member or employee may be reimbursed, or payment made on his behalf, for ex

40、cessive personal living ex-penses, gifts, entertainment, or other personal benefits. (g) Members and employees are not precluded from receiving bona fide re-imbursement, unless prohibited by law, for expenses of nonofficial travel and such other necessary subsistence as is compatible with this part

41、for private personal interests for which no Govern-ment payment or reimbursement is au-thorized. 40 FR 30239, July 17, 1975, as amended at 41 FR 39758, Sept. 16, 1976 805.7356 Misuse of information by Members and employees. For the purpose of furthering private interest, Members and employees shall

42、not, except as provided in 805.7357(c), directly or indirectly, use, or allow the use of, official information obtained through or in connection with his em-ployment within the Board which has not been made available to the general public. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 0

43、0569 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-560 49 CFR Ch. VIII (10110 Edition) 805.7357 805.7357 Outside activities of Mem-bers and employees. (a) A Member or emplo

44、yee shall not engage in outside employment or other outside activity not compatible with the full and proper discharge of his du-ties and responsibilities as an officer or employee of the Board. Before an em-ployee can engage in outside employ-ment or activity for profit, he shall ob-tain the approv

45、al of the Boards Man-aging Director by requesting written authorization from the Managing Di-rector prior to engaging in such activ-ity. Board Members desiring to engage in outside employment or activity for profit may request prior written au-thorization from the Chairman. Should such authorization

46、 be granted, the Member or employee has a continuing responsibility to confine himself to the scope of the authorization. If the cir-cumstances change so as to involve a possible incompatible activity, the Member or employee must seek further authorization in order to continue in his outside employm

47、ent or activity for profit. Authorization granted in spe-cific cases may be deemed subse-quently to involve an incompatible ac-tivity, and in such cases the Member or employee concerned shall be notified in writing of the cancellation of the au-thorization with instructions to modify or terminate th

48、e outside activity at the earliest practicable time. (b) Incompatible activities by Mem-bers or employees include, but are not limited to: (1) Acceptance of a fee, compensa-tion, gift, payment of expense, or any other thing of monetary value in cir-cumstances in which acceptance may result in, or cr

49、eate the appearance of, a conflict of interest; or (2) Outside employment or activity which tends to impair his mental or physical capacity to perform in an ac-ceptable manner his duties and respon-sibilities within the Board. (c) Employees are encouraged to en-gage in teaching, lecturing, and writ-ing that is not prohibited by law, the Executive order, 5 CFR part 735, or the regulations in this part. However, an e