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CHAPTER IX-APPALACHIAN REGIONAL

COMMISSION

Part

1900 Employee responsibilities and conduct.

PART 1900-EMPLOYEE RESPONSIBILITIES AND CONDUCT

Sec.

1900.735-101 Adoption of regulations. 1900.735-102 Review of statements of employment and financial interests.

1900.735-103 Disciplinary and other remedial action.

1900.735-104 Gifts, entertainment, and fa

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Pursuant to 5 CFR 735.104(f), the Federal Cochairman of the Appalachian Regional Commission (referred to hereinafter as the Federal Cochairman) hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: 735.101-735.102; 735.201a; 735.202 (a), (d), (e), (f)-735.210; 735.302; 735.303(a); 735.304; 735.305(a); 735.306; 735.403 (a); 735.404-735.411; 735.412 (b) and (d) for the Federal em

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ployees and any special Government employee on the Federal Cochairman's staff (Federal staff). These adopted sections are modified and supplemented as set forth in this part.

[33 F.R. 3369, Feb. 27, 1968]

§ 1900.735-102 Review of statements of employment and financial inter

ests.

Each statement of employment and financial interests submitted under this part shall be reviewed by the Federal Cochairman. When this review indicates a conflict between the interests of an employee or a special Government employee on the Federal staff and the performance of his services for the Government, the Federal Cochairman shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve it.

§ 1900.735-103 Disciplinary and other remedial action.

An employee or special Government employee on the Federal Staff who violates any of the regulations in this part or adopted under § 1900.735-101 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of

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title, the same exceptions concerning gifts, entertainment, and favors are authorized for special Government employees as are authorized for employees by 1900.735-104.

§ 1900.735-107 Statements of employment and financial interest.

(a) In addition to the employees required to submit statements of employment and financial interest under 5 CFR 735.403 (a), employees in the following named positions shall submit statements of employment and financial interest: (1) The Alternate to the Federal Cochairman.

(2) Special Assistant to the Federal Cochairman.

(3) Program Coordinator.

(b) Each statement of employment and financial interest required by this section shall be submitted to the Federal Cochairman.

(c) An employee who believes that his position has been improperly included in the section as one requiring the submission of a statement of employment and financial interests may obtain a review of his complaint under the procedures in § 1900.735-102.

[33 F.R. 3369, Feb. 27, 1968]

§ 1900.735-108

ments.

Supplementary state

Notwithstanding the filing of the annual supplementary statement required by 5 CFR 735.406, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflicts-of-interest provisions of section 208 of Title 18, United States Code or the regulations in this part or adopted under § 1900.735-101.

[33 F.R. 3369, Feb. 27, 1968]

Part

CHAPTER X-NATIONAL CAPITAL HOUSING

AUTHORITY

2000 Employee responsibilities and conduct.

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2000.735-108 Statements of employment and financial interest.

2000.735-109 Supplementary statements.

AUTHORITY: The provisions of this Part 2000 issued under E.O. 11222; 3 CFR, 19641965 Comp.; 5 CFR 735.104.

SOURCE: The provisions of this Part 2000 appear at 32 F.R. 14547, Oct. 19, 1967, unless otherwise noted.

§ 2000.735-101 Adoption of regulations.

Pursuant to § 735.104(f) of this title, the National Capital Housing Authority (referred to hereinafter as the Authority) hereby adopts the following sections of Part 735 of this title, §§ 735.101-735.102, 735.201(a), 735.202 (a), (d), (e), (f)-735.210, 735.302, 735.303(a), 735.304, 735.305(a), 735.403 (a), 735.404-735.411, 735.412 (b) and (d). These adopted sections are modified and supplemented as set forth in this part.

§ 2000.735-102 Review of statements of employment and financial interests. Each statement of employment and financial interests submitted under this part shall be reviewed by an Authority committee composed of the following officials or officials acting in such capacities: the Deputy Executive Director, the General Counsel, and the Director of Administration. When this review indicates a conflict between the interests of an employee or special Government employee of the Authority and the performance of his services for the Government, such committee through its chairman shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict. If the indicated conflict cannot be resolved, such committee shall forward a written report on the indicated conflict to the Executive Director, National Capital Housing Authority through the counselor for the Authority designated under § 735.105(a) of this title.

§ 2000.735-103 Disciplinary and other remedial action.

An employee or special Government employee of the Authority who violates any of the regulations in this part or adopted under § 2000.735-101 may be disciplined. The disciplinary action may be in addition to any penalty prescribed

by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include but is not limited to:

(a) Changes in assigned duties;

(b) Divestment by the employee or special Government employee of his conflicting interest; or

(c) Disqualification for a particular assignment.

§ 2000.735-104 Gifts, entertainment, and favors.

The Authority authorizes the exceptions to 735.202(a) of this title set forth in § 735.202(b) (1)–(4) of this title. § 2000.735-105

Outside employment

and other activity.

An employee of the Authority may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilities of his Government employment. An employee who engages in outside employment shall report that fact in writing to his supervisor. § 2000.735-106 Financial interest.

Specific requirements related to the following affect Authority employees:

(a) An Authority employee is required: (1) To furnish upon appointment a statement of real estate holdings in the Washington, D.C., metropolitan area; (2) to inform the Authority Executive Director in writing and in detail of any proposed change in real estate ownership in the Washington, D.C., metropolitan area by which the employee may be affected financially; and (3) for the period of Authority employment not to engage in the private occupation of selling, trading, purchasing, leasing, or renting real property in the Washington, D.C., metropolitan area: Provided, That, this last provision does not apply to negotiations with respect to a dwelling for the employee and his family.

(b) Authority employees and Authority members are subject to conflict-ofinterest provisions of Authority contracts with the Public Housing Administration (Housing Assistance Administration) as follows:

(A) Neither the Local Authority nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement, in connection with any Project or any property included or planned to

be included in any Project, in which any member, officer, or employee of the Local Authority during his tenure or for 1 year thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Local Authority and such disclosure is entered upon the minutes of the Local Authority, the Local Authority, with the prior approval of the PHA (HAA), may waive the prohibition contained in this subsection: Provided, That any such present member, officer, or employee shall not participate in any action by the Local Authority relating to such contract, subcontract, or arrangement.

(B) The Local Authority shall insert in all contracts entered into connection with any Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of its subcontracts, the following provision:

"No member, officer, or employee of the Local Authority during his tenure or for 1 year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."

(C) The provisions of the foregoing subsection (A) and (B) shall not be applicable to the purchase or sale of Temporary Notes or the Bonds, or to the General Depository Agreement, fiscal agency agreements, the trusteeships authorized under this Contract, or utility services the rates for which are fixed or controlled by a governmental agency.

§ 2000.735-107 Specific provisions of Authority regulations governing special Government employees.

(a) Special Government employees of the Authority shall adhere to the standards of conduct applicable to employees as set forth in this part and adopted under § 2000.735-101 except § 735.203(b) of this title.

(b) Special Government employees of the Authority may teach, lecture, or write in a manner not inconsistent with § 735.203 (c) of this title.

(c) Pursuant to § 735.305 (b) of this title, the Authority authorizes the same exceptions concerning gifts, entertainment, and favors for special Government employees as are authorized for employees by § 2000.735-104.

§ 2000.735-108 Statements of employment and financial interest.

(a) In addition to the employees required to submit statements of employment and financial interest under § 735.403 (a) of this title, employees in

the following named positions shall submit statements of employment and financial interest.

(1) Deputy Executive Director. (2) General Counsel.

(3) Division Directors.

(b) Each statement of employment and financial interest required by this section shall be submitted to the Authority Personnel Office.

(c) An employee who believes that his position has been improperly included in this section as one requiring the submission of a statement of employment and financial interests may obtain a review of

his complaint under the Authority's grievance procedure.

§ 2000.735-109 Supplementary state

ments.

Notwithstanding the filing of the annual supplementary statement required by § 735.406 of this title, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflicts-of-interest provisions of section 208 of title 18, United States Code or the regulations in this part or adopted under § 2000.735-101.

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