370.735.4 - Nonofficial Expression
6/16/97
OPR: Office of Personnel
1. Definition. Under the provisions of the Departmental Manual, nonofficial expression means the preparation, composition, and presentation (including travel to place where presentation is to be made) by an employee in other than the performance of official duties through the following media:
A. Books, articles, pamphlets, and brochures.
B. The one-time presentation of speeches, lectures, illustrated talks, visual presentations or drawings.
Note: Teaching assignments at colleges and universities are covered under SM 370.735.5 governing Outside Work and Interests.
2. Policy. Nonofficial expression is encouraged within an employee's field of competence although some of the subject matter may be indirectly related to official duties. Employees are entitled to proper recognition, including financial payments, for legitimate nonofficial expression.
3. Conditions. An employee may engage in nonofficial expression on matters indirectly related to official duties or based primarily on knowledge acquired during employment provided:
A. The preparation and presentation are performed wholly outside official duty hours or while on authorized leave.
B. The preparation and presentation do not involve the contribution to time or services of other Federal employees during their official duty hours, nor the use of Government funds, facilities, materials, or information which is not available to the public or will not be made available on request.
C. The subject matter falls within the individual's field of competence.
D. There has been no solicitation by the employee to engage in the activity especially if compensation is received.
E. The employee obtains advance approval as provided in paragraph 4.
4. Procedure.
A. The employee submits through division channels and the Ethics Program Officer Form 9-1185, Notice of Intention and Certificate of Compliance-Nonofficial Expression, (Figure 1), in quadruplicate.
B. The form must be endorsed by the employee's Branch Chief with respect to (1) the appropriateness of the proposed nonofficial expression, and (2) the feasibility of preparing it outside of duty hours or while on authorized leave without adverse effect on official work. The form must also contain the Division Chief's recommendation as to the action to be taken.
C. After action by the Division, the form is distributed as follows:
(1) Original copy to employee through Division channels.
(2) Copy for Division.
(3) Copy for Ethics Program Office.
5. Remuneration. Any remuneration for nonofficial expression may be accepted and retained by the employee if approved by the Division.
FIGURE 1 - Form 9-1185 (Notice of Intention and Certification of Compliance - Nonofficial Expression)
SEE InForms/Forms Manager for copy of form.