Prohibited Sources

735-201 Prohibited Conduct - General.

Employees are prohibited from:

(a) Engaging in criminal, infamous, dishonest, immoral, or disgraceful conduct, or other conduct prejudicial to the Government;

(b) Conducting, or participating in, any gambling activity including the operation of a gambling device, conducting a lottery or pool, a game for money or property, or selling or purchasing a numbers slip or ticket while on Government-owned or leased property or while on duty for the Government. This does not preclude activities:

1. Necessitated by an employee's law enforcement duties; or
2. Under section 7 of Executive Order 12353, permitting solicitations conducted by organizations composed of employees among their own members for organizational support or for the benefit of welfare funds for their members.

(c) Engaging in teaching, lecturing, or writing, with or without compensation, for the purpose of the preparation of a person or class of persons for an examination of the Office of Personnel Management or Board of Examiners for the Foreign Service that depends on information obtained as a result of the employee's Government employment. This does not preclude such teaching, lecturing, or writing if:

1. Prior written authorization is obtained from a Mission Area ethics official;
2. Such teaching, lecturing, or writing is not performed at or for any educational institution or other organization that discriminates because of race, creed, color, sex, religion, age, national origin, or physical or mental disability, in the admission or subsequent treatment of students;
3. The information upon which the preparation is based has been made available to the general public or will be made available on request; and
4. Such preparation is authorized in writing by the Director of the Office of
   Personnel Management or his or her designees, or by the Director General of the Foreign Service or his or her designees, as applicable.

(d) Using an intoxicating beverage on Government-owned or leased property (except
when authorized by the Office of Operations for the Washington, D.C., complex; or by the Agency Head or designee in field locations owned by the Department; or by the Agency Head or designee in field locations leased by the Department or controlled by the General Services Administration [GSA), upon concurrence by the lessor or the appropriate GSA official); or transporting or using an intoxicating beverage in a Government-owned or leased vehicle;

(e) Harassing employees by word or action, or knowingly making false accusations against employees;

(f) Monitoring telephone conversations, recording telephone conversations by device, or authorizing or permitting others under their administrative control to monitor telephone conversations or record telephone conversations by device, except:

1. As authorized by the Inspector General or his/her designee, with the prior consent of one party to a telephone conversation and when necessary in a criminal investigation;
2. When all parties agree in advance; or
3. When supervisors monitor or record telephone-bank or similar operations for the purpose of evaluating performance of employees.

(g) Utilizing any device to monitor or record non-telephone conversations, except:

1. As authorized by the Inspector General or his/her designee with tile prior consent of one party to a non-telephone conversation and when necessary in a criminal investigation; or
2. When all parties agree in advance.

(h) Canvassing for sales, or selling, any article (including but not limited to candy or other items for schools or charities; kitchenware or other home furnishings; paper products; cosmetic products; or any other items whatsoever) in person or by distributing or posting literature, advertising matter, or any other graphic matter, in or on Government owned or leased property, or property occupied by the Department;

(i) Engaging in coercive or repeated unsolicited and unwelcome verbal comments, gestures, or physical contacts of a sexual nature or by using implicit or explicit coercive sexual behavior in the process of conducting agency business, or to control, influence, or affect the career, salary, or job of an employee;

(j) Failing to take appropriate action on complaints or proven acts of sexual harassment, if a supervisor or manager who knew or should have known of those acts;

(k) Displaying discourtesy or disrespect to a coworker, another Federal employee, or a member of the public when acting in an official capacity;

(l) Failing to wear or use specified safety equipment, or failing to report obvious unsafe conditions, while on official duty; or