Department of Education Employee Code of Conduct

This article outlines the basic code of conduct for Department of Education (DOE) employees, drawing from guidelines and regulations established by various governing bodies. Adherence to these standards is crucial for maintaining professionalism, ethical behavior, and public trust. Failure to comply with DOE rules and policies may lead to investigation and disciplinary action.

General Principles

DOE employees are expected to conduct themselves with professionalism, respect, and courtesy for others. Within DOE buildings, employees are expected to maintain respectful behavior. Actions such as disrupting others, loitering, handling personal matters during work hours, or misusing timekeeping procedures are prohibited and may result in disciplinary measures.

Each employee has a responsibility to the District of Columbia and its citizens to place loyalty to the laws and ethical principles above private gain. Employees shall not take actions creating the appearance that they are violating the law or the ethical standards set forth in this chapter.

Representing the Agency

No employee of the Department of Education shall represent or presume to reflect the opinion of the agency on any matter whatsoever before any legislative body or committee thereof, the Department of Education of the State of New York, or any other department or office of the State of New York, court, commission, person, or group of persons without the express authorization of the Department of Education and then only to the extent provided in such authorization.

Confidentiality and Use of Information

Agency business is confidential. Employees must not share agency information outside of their office unless there are true business needs. Employees are prohibited from giving or using information obtained by their official position to advance their own, their family's interests, or the interests of business or personal associates.

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Property and Equipment

The property of the DOE entrusted to the care of employees must be kept in good order. Breakage, loss, or impairment must be reported in writing immediately to the office head with an explanation regarding the cause. All equipment and files should be kept in their proper places and returned within three (3) days of the last day of employment.

Leave of Absence and Remote Work

Employees on an approved leave of absence due to illness or physical disability, or working remotely as part of a reasonable accommodation for recovery of health, treatment of illness, or other purposes must remain in their residential area during work hours and may not relocate to any place remote from their residences without the approval of the Chancellor per Chancellor’s Regulation C-603. A violation of this policy shall be reportable to the Special Commissioner of Investigation (SCI) or its equivalent.

Timekeeping

All employees are responsible for their own time being recorded properly and accurately. Employees are prohibited from recording or altering another employee’s time, except when done by a supervisor/timekeeper as part of attendance verification procedures.

Ethical Responsibilities in the District of Columbia

Each employee has a responsibility to the District of Columbia and its citizens to place loyalty to the laws and ethical principles above private gain. The following general principles apply to every employee and form the basis for the standards contained in this chapter. Employees shall not take actions creating the appearance that they are violating the law or the ethical standards set forth in this chapter.

Remedial Action and Penalties

It is the responsibility of the employing agency to initiate appropriate remedial, corrective, or adverse action in individual cases. An employee who violates the Code of Conduct shall be subject to applicable civil and criminal penalties pursuant to Section 221 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Amendment Act of 2011 (D.C. Law 19-124; D.C. Official Code § 1-1162.21).

Gifts and Gratuities

A "gift" is defined as any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. This includes services, training, transportation, local travel, lodgings, and meals, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred.

Exceptions for Gifts

When an employee is assigned to participate as a speaker or panel participant or otherwise to present information on behalf of the agency at a conference or other event, his acceptance of an offer of free attendance at the event on the day of his presentation is permissible when provided by the sponsor of the event. The employee's participation in the event on that day is viewed as a customary and necessary part of his performance of the assignment and does not involve a gift to him or to the agency.

When an employee’s attendance is in the interest of the agency, as determined by the Mayor or designee, in writing, because it will further agency programs and operations, the employee may accept an unsolicited gift of free attendance at all or appropriate parts of a widely attended gathering of mutual interest to a number of parties from the sponsor of the event or, if more than 50 persons are expected to attend the event and the gift of free attendance has a market value of $350 or less, from a person other than the sponsor of the event.

A gathering is widely attended if it is expected that a large number of persons will attend and that persons with a diversity of views or interests will be present, for example, if it is open to members from throughout the interested industry or profession or if those in attendance represent a range of persons interested in a given matter.

Gifts Between Employees

The Standards of Ethical Conduct limit gifts between employees, particularly gifts to supervisors. The general rule is: an employee may not give - or make a donation toward - a gift for his or her supervisor. An employee's supervisor includes the employee's immediate supervisor as well as any other employees who direct or evaluate the employee's performance or the performance of any of the employee's supervisory superiors.

There are three basic exceptions to this rule:

Employees may give - or voluntarily "chip in" for - food or refreshments to be shared in the office.
An employee may give a gift to his or her supervisor on an occasional basis including recurring events when gifts are traditionally exchanged, such as birthdays and holidays, as long as the gift is not cash, and is worth $10 or less. Employees may not "chip in" to buy a group gift for these events.
An employee may give a supervisor a gift appropriate to the occasion for special, infrequent events, such as the birth of a child or marriage, and for occasions that end the supervisory relationship, such as retirement or reassignment. For these events, employees may "chip in" to buy a group gift as long as the individual contributions are a nominal amount and entirely voluntary.

Supervisors may not solicit gifts from those they supervise - even if the gift is for another employee (and certainly not for themselves or another supervisor).

Conflicts of Interest

It is the policy of the District government to avoid conflicts of interest concerning the award, implementation, monitoring, and performance of contracts for services.

Disclosure of Employment Relationships

The employing agency shall inform each new hire of the requirement to disclose employment relationships as described in Subsection 1805.1. The one-year (1-year) restriction from participation in any procurement action prescribed in paragraph (a) will be extended for as long as the employee receives an ongoing economic benefit from a former employer.

The determination to require an employee to perform any of the duties listed in Subsection 1805.5 shall be based upon a written determination of the agency head, made in light of all relevant circumstances, that the interest of the District government in the employee’s participation outweighs the concern that a reasonable person might question the integrity of the District government’s programs or operations. Applying this standard, the agency head may determine that the employee’s participation reasonably may be permitted in certain activities involving the employee’s former employer, but not in others.

An agency head may delegate the responsibility for making any of the determinations prescribed in this section to other personnel in the agency.

A District government employee who is called upon to act for or on behalf of the District government in a matter relating to or involving a non-governmental entity in which the employee or a member of the employee's immediate family has a financial interest, shall make this fact known to his or her immediate supervisor and a person designated by the agency head, in writing, at the earliest possible moment. Unless a waiver of the conflict of interest is granted by BEGA pursuant to D.C.

Restrictions on the Employment of Relatives (Nepotism)

A public official may not directly or indirectly make a hiring decision regarding a position within his or her own agency with respect to a relative. Specifically, a public official may not appoint, employ, promote, evaluate, interview, or advance (or advocate for such actions) any individual who is a relative in an agency in which the public official serves or exercises jurisdiction or control.

In the event of emergencies resulting from natural or manmade disasters, the Mayor may suspend the prohibitions of this section, as permitted by the District of Columbia Government Comprehensive Merit Personnel Amendment Act of 2012, effective March 14, 2012 (D.C. Law 19-115 (D.C. Official Code § 1-618.04); and the Civil Service Act of 1967, effective October 13, 1978, as amended (Pub. L.

Outside Employment

A District government employee shall not engage in any outside employment or other activity incompatible with the full and proper discharge of his or her duties and responsibilities. Nothing in this chapter shall prevent an employee from acting, with or without compensation, as agent or attorney for his or her parent(s), spouse, domestic partner, child, or any person for whom, or for any estate for which, he or she is serving as guardian, executor, administrator, trustee, or other personal fiduciary except in those matters in which he or she has participated personally and substantially as a government employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or which are the subject of the employee's official responsibility, provided that the government official responsible for appointment to the employee's position approves.

Use of Government Property

"Government property" includes any form of real or personal property in which a federal, District, state, or local government agency or entity has an ownership, leasehold, or other property interest as well as any right or other intangible interest that is purchased with government funds, including the services of contractor personnel.

Financial Disclosure Requirements

This section implements the financial interest disclosure requirements set forth in Section 224 of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 (“Ethics Act ”), effective April 27, 2012 (D.C. Law 19-124; D.C.

Each agency head shall provide to BEGA, no later than March 1st of each year, a list of all public officials within the agency, as defined by the Ethics Act. Each agency head shall identify any employee other than a public official, who advises, makes decisions or participates substantially in areas of contracting, procurement, administration of grants or subsidies, developing policies, land use planning, inspecting, licensing, policy-making, regulating or auditing, or acts in areas of responsibility that may create a conflict of interest or appearance of a conflict of interest as determined by the appropriate agency head.

Each designee shall file with their agency head a report containing a full and complete statement of the information required by D.C.

Each designated employee shall expressly indicate whether any person or entity identified in accordance with Subsections 1810.19 and 1810.20 of this section is (a) engaged in doing business with the District government or (b) regulated by any agency of the District government, except as to any licensing requirement under applicable law.

An employee may receive a waiver and work on a matter in which he or she has a conflict of interest, if he or she has received a waiver pursuant to Section 223 of the Ethics Act (D.C.

Post-Employment Restrictions

§ 207 and implementing regulations set forth at 5 C.F.R. §§ 201-216. § 207, 5 C.F.R.

The restriction in Subsection 1811.10 of this section is intended to prohibit the possible use of personal influence based on past governmental affiliations to facilitate the transaction of business.

A former government employee may be exempted from the restrictions on postemployment practices if the Mayor (or designee), in consultation with the federal government’s Director of the Office of Government Ethics, executes a certification published in the D.C. Register.

The one-year (1-year) restriction stated in Subsection 1811.10 of this section shall not apply to appearances or communications by a former employee concerning matters of a personal and individual nature, such as personal income taxes or pension benefits, or the application of these regulations to an undertaking proposed by a former employee.

Definitions

Agency - any unit of the District of Columbia government required by law, by the Mayor of the District of Columbia, or by the Council of the District of Columbia to administer any law, rule, or any regulation adopted under authority of law. Sections 1801 through 1802 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 effective March 3, 1979 (D.C. Law 2-139; D.C.
Employee/Government Employee - an individual who performs a function of the District government and who receives compensation for the performance of such services (D.C. Official Code § 1-603.01(7)), or a member of a District government board or commission, with or without compensation (D.C. Official Code § 1-602.02(3)).
Filers - any person required to file financial disclosure, honoraria, and confidential disclosure of financial interest reports, as applicable, pursuant to D.C.
Government property includes any form of real or personal property in which a federal, District, state, or local government agency or entity has an ownership, leasehold, or other property interest as well as any right or other intangible interest that is purchased with government funds, including the services of contractor personnel.
Gift has the meaning set forth in Section 1803.
Official superior means any other employee including but not limited to an immediate supervisor, whose official responsibilities include directing or evaluating the performance of the employee's official duties or those of any other official superior of the employee.
Public official - a candidate for nomination for election, or election, to public office; the Mayor, Chairman, and each member of the Council of the District of Columbia holding office under the Home Rule Act; the Attorney General; a Representative or Senator elected pursuant to section 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979, effective March 10, 1981 (D.C. Law 3-171; D.C. Official Code § 1-123); an Advisory Neighborhood Commissioner; a member of the State Board of Education; a person serving as a subordinate agency head in a position designated as within the Executive Service; a member of a board or commission listed in Section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C.
Supervisor - an employee having authority, in the interest of an agency, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to evaluate their performance, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
Voluntary contribution means a contribution given freely, without pressure or coercion. A contribution is not voluntary unless it is made in an amount determined by the contributing employee, except that where an amount for a gift is included in the cost for a luncheon, reception or similar event, an employee who freely chooses to pay a proportionate share of the total cost in order to attend will be deemed to have made a voluntary contribution.

Political Activities

Generally, as a result of the 1993 amendments to the Hatch Act, Federal employees may participate in political management or political campaign activities The basic "Do's" and "Don'ts" are:

DO'S

May be candidate for public office in nonpartisan elections
May register and vote as you choose
May contribute money to political organizations and candidates
May speak at a political gathering even a fundraiser
May assist in voter registration drives
May attend and be active at political rallies and meetings
May stuff envelopes for a campaign
May join and be an active member of a political party or club
May sign nominating petitions
May campaign for or against referendum questions, constitutional amendments, municipal ordinances
May campaign for or against candidates in partisan elections
May distribute campaign literature in partisan elections
May hold office in political clubs or parties

DON'TS

May not be candidate for public office in partisan elections
May not use official authority or influence to interfere with an election
May not use official title in political activities
May not collect political contributions unless both individuals are members of the same Federal labor organization or employee organization and the one solicited is not a subordinate employee
May not solicit or receive political contributions from the general public
May not knowingly solicit or discourage the political activity of any person who has business before the Department
May not wear political buttons while on duty or in a Government building
May not engage in political activity while on duty
May not engage in political activity in any Government office
May not engage in political activity while using Government vehicle
May not engage in political activity while wearing an official insignia

Under the Hatch Act, unless otherwise noted, career and non-career employees are treated the same. However, these guidelines do not apply to career SES employees or administrative law judges whose political activities are more restricted. Any additional restrictions on non-career employees would be by Department policy.

Outside Activities

Most employees may earn outside income and engage in outside activities, subject only to the Federal conflict of interest statutes and the Standards of Ethical Conduct. Generally, employees may engage in any activities - paid or volunteer - as long as the activities do not require the employee to disqualify him or herself from duties central to his or her position within the Department. In addition, although complicated by a recent court decision and subject to an exception for teaching certain courses - in most circumstances, employees may not accept pay (including travel reimbursement) for teaching speaking, or writing related to the employee's duties.

Employees must obtain approval prior to:

providing services, other than clerical, on behalf of any other person in connection with a matter in which the United States is a party or has a direct and substantial interest, or when the provision of services involves the preparation of materials for submission to, or representation before, a Federal court or executive branch agency;
serving as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, employee, advisory committee member, or active participant for a prohibited source; or
teaching, speaking, writing, or consulting that relates to the employee's official duties;

An exception permits employees to engage in many volunteer activities without obtaining prior approval, such as participating in:

a social, fraternal, civic, or political entity,
a religious organization that is not a prohibited source; or
a PTA or similar organization at the employee's child's school or day care center, other than as a member of the Board of Directors or other governing board of the school or center; or
volunteering to tutor or provide direct social or medical services.

The definition of activities "related to my duties" includes, among other things:

activities undertaken as part of your official duties;
offers extended to you because of your official position, and not because of your expertise;
offers extended to you by a person or group that has interests that may be affected substantially by the performance of your duties;
matters dealing in significant part with any matter to which you are currently assigned or have been assigned within the past year; or
matters dealing in significant part with any ongoing policy, program, or operation of the Department.

Equal Employment Opportunity

Department of Education provides equal opportunity in employment for all employees and applicants.

Department of Education’s responsibilities under the following Executive Orders:

Executive Order 11478, “Equal Employment Opportunity in the Federal Government” (Aug. 8, 1969), as amended by Executive Order 11590 (April 23, 1971), Executive Order 12106 (Dec. 28, 1978), Executive Order 13087 (May 28, 1998), Executive Order 13152 (May 2, 2000), and Executive Order 13672 (July 21, 2014); and
Executive Order 11246, “Equal Employment Opportunity” (Sept. 24, 1965), as amended by Executive Order 13672 (July 21, 2014).

The office is responsible for the overall management of the Department’s EEO program, ensuring EEO policies and procedures are carried out in accordance with existing regulations and directives.

EEO Policy

The Department of Education does not discriminate on the basis of: race, color, religion, sex (including pregnancy), national origin, age, disability, genetic information, status as a parent, marital status, or political affiliation.

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