**NRCS Ethics Office**

**2005 x 3**

**Letter to an Employee Organization President**

\[August 2005\]

SUBJECT: Planning for Employee Association Conferences

Key Words: Conferences, Planning, Partnering

This replies to your August 3, 2005, email requesting guidance on
planning a conference as an Employee Organization. \[EMPLOYEE
ORGANIZATION\] is the \[EMPLOYEE ORGANIZATION\]. You stated that, "At
our recent 2005 conference, \[Chief, NRCS\] suggested we partner with
other organizations to help cut costs for the agency." You requested
guidance/clarification on what would work best and asked several
specific questions.

1.  If the Association offers training at a conference, what role can
    our Association officers (who are NRCS employees) play in the
    planning and organization of a conference?

> **Answer**: Employees who are officers in our Association do so in
> their personal capacity. \[See information provided below regarding DR
> 4020-251, Associations of Management Officials and/or Supervisors and
> Other Organizations, issued by the Department January 24, 2005.\] That
> is the USDA policy directive that establishes limits and criteria for
> agency support of recognized employee organizations.

2.  Whether there would be a difference in how NRCS might view
    partnering with a Government-wide employee organization that has
    members from several agencies including NRCS versus another NRCS
    employee organization? You also mentioned partnering with another
    NRCS employee association as another option

> **Answer**: Your Association is a non-Federal organization. Therefore,
> whether or with whom your Association chooses to partner is an
> internal decision. That said, it is my understanding that \[Chief,
> NRCS\] suggested employee organizations might consider partnering with
> other conferences for the purpose of reducing the travel time and
> costs for attending NRCS leadership officials. I cannot speculate how
> NRCS might view your partnership with external organizations without
> knowing the organization under consideration, circumstances, etc.
> Hopefully, the clarification provided regarding the intent of the
> Chief's comment is helpful.

3.  Whether it is correct that employees who are officers in \"outside\"
    organizations will not be permitted official time for board meetings
    and planning meetings?

> **Answer**: That is generally correct. It is correct as it relates to
> all board meetings that deal with the internal business of the
> non-Federal organization. Issues related to membership, conference
> registration costs, dues, elections, farm bills and related matters,
> politics, etc. are entirely the internal business of the association.
>
> You are also correct as it relates to all or almost all planning
> meetings. I can not be more specific because it is unclear what you
> mean by a "planning meeting." There are various stages of "planning.
> There [may]{.underline} be a difference when it comes to a "planning
> meeting" that occurs [after]{.underline} official determination and
> announcement by [NRCS]{.underline} that a particular conference agenda
> *has been determined* to present a good training opportunity to which
> NRCS has decided to send many employees. NRCS policy is consistent
> with DR 4020-251 and USDA Ethics Issuance [00-1 Participation in
> Non-Federal
> Organizations](http://www.usda-ethics.net/rules/rule16.htm). As stated
> in DR 4020-251 Section 4, the listed activities are not
> "entitlements." "Authorization is subject to the availability of
> resources and agency funds, work priorities and other bona fide
> management considerations."

4.  You requested clarification about how your Association might
    advertise the conference (training session, awards, information,
    etc.)

> **Answer**: For information on the NRCS meeting approval policy and
> process, please contact the Financial Management Division. For the
> USDA policy and criteria for support for employee organizations, see
> DR 4020-251, Associations of Management Officials and/or Supervisors
> and Other Organizations, issued by the Department January 24, 2005.
> Additional information is provided below.

The \[EMPLOYEE ORGANIZATION\] is a non-Federal organization. This reply
provides guidance for what employees can and cannot do in terms of
participation in non-Federal organizations. While the Standards of
Ethical Conduct for Employees of the Executive Branch do not extend to
non-Federal organizations, they do apply to federal employees who
participate in these organizations.

An employee organization is permitted to use the name of the Department
or Agency in its title provided it is made clear that the organization
is not an official organization of the Department or Agency.

An employee serves on the board of the Association in a personal versus
official capacity. In addition, the activities of committee or
subcommittee chairpersons are personal, not official business. Employees
must refrain from using official job title or position for board
purposes. Also, employees generally may not use government facilities,
equipment, time and travel for personal use. There are no general
restrictions prohibiting employees from volunteering their personal time
and resources to assist in the planning and organization of an outside
entity's activities.

DR 4020-251 provides the USDA policy for official recognition of
employee organizations.  Note that Section 4, Policy, provides, in part,
that:

> "....Use of official time for employees attending
> organization-sponsored meetings and events may be authorized subject
> to the conditions contained in this policy.
>
> Support to [recognized]{.underline} Supervisory/Managerial
> Associations, Employee Organizations and Professional Associations
> will be specifically limited to the activities listed below as
> authorized by the agency's Human Resource Management Director or
> designee. In making this determination**,** the subject activity must
> comply with applicable statutes/regulations (including 5 C.F.R. 2635,
> Subpart H, ethics regulations pertaining to outside activities), and
> in the case of meeting attendance, the event benefits agency programs
> or is part of an established employee development program consistent
> with 5 C.F.R. Part 410."

[See]{.underline} DR 4020-251, Section 4, Policy, for the list of
activities that NRCS management may authorize for officially recognized
employee organizations. These include reasonable use of agency equipment
and administrative support services for employees to prepare
professional papers in conjunction with their role or membership in a
professional association where there is a benefit to the agency.

Employees who serve as officers or committee or subcommittee
chairpersons should be mindful of the disqualification requirement to
avoid conflicting interests. That would apply if, in their NRCS
capacity, they would have substantive official involvement on a
particular matter that affects the interests of the Association or a
majority of its members. This impacts what the employees do in their
official capacity and not what they can do in a personal capacity for
the Association. For additional information on the requirement to avoid
conflicting interests, take the "Conflicting Interests" USDA ethics
training module on AgLearn. \[Available at
[www.aglearn.usda.gov](http://www.aglearn.usda.gov/)\]

USDA Ethics Issuance, [00-1 Participation in Non-Federal
Organizations](http://www.usda-ethics.net/rules/rule16.htm) (Updated
September 2004) is available at
[www.usda-ethics.net/rules/rule16.htm](http://www.usda-ethics.net/rules/rule16.htm).
Also, USDA has ethics training modules on Participation in Non-Federal
Organizations and Fundraising. Both are available on AgLearn and each
take 20 minutes or less to complete.

Please let me know if you have any additional questions after reviewing
the above references and training modules.

/s/

CARYL J. BUTCHER

Director, NRCS Ethics Office

Cc: Chief, NRCS

Associate Chief, NRCS

Deputy Chief for Management, NRCS

Associate Deputy Chief for Management, NRCS

Acting Director, FMD, NRCS

Acting Director, HRMD, NRCS