Ethics rules during a shutdown

In the event of a government shutdown, all GSA employees — furloughed or not — are still governed by all of the ethics rules, including the Standards of Ethical Conduct, the Hatch Act [PDF], and the conflict of interest statutes [PDF] . The Office of Government Ethics has issued helpful guidance [PDF] for employees during a lapse in appropriations. Common concerns are briefly addressed in the FAQs below.

GSA employees with specific questions about their ethical obligations during furlough periods should contact ethics@gsa.gov.

May I seek alternative employment while I am in non-pay status? 

• Generally, yes. While career employees may generally take on outside employment during a funding lapse, all ethics rules and GSA’s Supplemental Standards of Conduct still apply. Considerations include:
• You may not accept outside employment that would conflict with your official duties. 
• You must receive prior written approval from your supervisor if you are seeking outside employment with a prohibited source. A prohibited source is any person or entity who:
  • Does business with, or seeks to do business with GSA.
  • Seeks some official action by GSA.
  • Has activities regulated by GSA.
  • Has interests that may be substantially affected by performance or nonperformance of your official duties.
  • Is an organization where a majority of their members are prohibited sources.
• You cannot receive compensation for teaching, speaking, or writing that relates to your official duties.
• You cannot represent another person before any federal agency, department, or court except for yourself, spouse, parents, and children.
• You cannot receive compensation from anyone else for their representational services before any federal agency, department, or court that is provided by another, including an employer.
• You cannot use your public office (for example, your official title or GSA position) for private gain or to imply the government sanctions or endorses your personal activities or those of another.
• If you are personally and substantially involved in, or have official responsibility for, the acquisition or disposal of real estate at GSA, you are prohibited from being directly or indirectly involved in the purchase of real estate in your personal capacity (absent a waiver). Please consult with an ethics counselor for additional support on the applicable restrictions and exceptions.

Can I, or someone on my behalf, solicit gifts to raise funds because I’m furloughed?

Generally, no. You (or someone acting on your behalf, such as a spouse) may not solicit gifts based on your federal employment. Therefore, your GSA title or your status as a federal employee should not be used in any such solicitation. Additionally, you cannot generally accept gifts from prohibited sources.

You could accept donations from your friends or relatives when it is clear that any donations accepted are based on that friendship or family relationship. Given the number of potential ethical pitfalls, you are strongly encouraged to consult an ethics official before any such campaign begins. 

May I accept gifts, discounts, or other benefits offered to all federal workers or the general public? 

Yes, but remember that the ethics rules still apply. You may accept free meals, discounts, and other support to federal workers as long as the offer is extended to all federal employees, even where restricted by geography. For example, you may accept a free meal or Metro ride made available to anyone in the metro Washington D.C. area who shows a federal employee ID card. Additionally, you may ask for and accept assistance from organizations that provide aid to members of the general public, such as food banks or religious institutions. 

May I accept financial assistance offered by a friend and/or family member?

Generally, yes. You may accept gifts based on personal relationships as long as the circumstances make clear that the relationship is the motivating factor, rather than your official position. Relevant factors to consider include the history and nature of the relationship and whether your family member or friend is personally offering their assistance. For example, you may likely accept a $1,000 cash loan offered by a family member or close friend. However, you would generally need to decline a similar offer from a friend who works as a GSA contractor, when your official duties affect that contractor.