Employees

ELM REVISION

Employee Conduct

Effective April 14, 2005, Employee and Labor Relations Manual (ELM) 660, Conduct, is revised and reorganized. The revised language reflects external regulatory changes regarding federal employee conduct, including changes to the Code of Federal Regulations (CFR). The revisions also incorporate internal policy changes, clarify language, update organization titles and structure, and update references to other Postal ServiceTM documents.

In addition, new regulations that provide protection for whistleblower reprisal allegations are added as section 666.3. Also new are revisions to the prohibited conduct regulations in section 665.23 and to the prohibited personnel practices regulations in section 666.12b that add prohibitions against discrimination based on sexual orientation, marital status, parental status, and reprisal. New section 665.24 adds a prohibition against violence and threats of violence in the workplace environment. New section 665.22 adds a prohibition against employees making recommendations of persons to be employed by the Postal Service as consultants, agents, etc., unless such recommendations are part of their official duties. New section 667.334 sets forth possible sanctions for misuse of postal equipment. New items 669j and k add definitions of "office equipment" and "personnel action."

Specific revisions include:

1) Ethical Conduct. Except for section 661.41, former sections 661.1 through 661.4, which pertain to ethical conduct by Postal Service employees, are deleted and replaced by new section 662.1, which provides references to the CFR sections governing required ethical conduct of Postal Service employees. Former section 661.812 regarding ethics officials is moved to 662.12 and updated to revise the titles of the positions from which employees may receive ethics advice. Former section 661.813 regarding ethics advice is moved to 662.11 and revised to add that information given to ethics officials is not protected by the attorney-client privilege. Former section 661.41 and part 662 are deleted and replaced by new section 662.2, which provides references to the CFR regulations (5 CFR 2634) and the Management Instruction (EL-660-97-1) regarding required financial disclosures by Postal Service employees.

2) Prohibited Conduct. Former section 661.5, Other Prohibited Conduct, is revised, reorganized, and moved to new section 665.2, Prohibited Conduct, except that former section 661.52 is moved to new section 667.331 regarding personal use of Postal Service property. New section 665.2, Prohibited Conduct, has been updated to do the following:

a) Include former section 666.85 as section 665.21, Incomplete Mail Disposition, and revise it to add a citation to 18 U.S.C. 1700.

b) Add new section 665.22, Unofficial Recommendations, which contains a prohibition against employees making recommendations of persons to be employed by the Postal Service as consultants, agents, etc., unless such recommendations are part of their official duties.

c) Include former section 661.51 as section 665.23, Discrimination, and add a prohibition against discrimination on the basis of marital and parental status, sexual orientation, and reprisal for equal employment opportunity (EEO) activity.

d) Add new section 665.24, Violent and/or Threatening Behavior, which contains a prohibition against violence and threats of violence in the workplace environment.

e) Include former section 661.55 as section 665.25, Illegal Drug Sale, Use, or Possession, and revise the language in former section 661.55 regarding illegal drug use by adding prohibitions against sale and possession of illegal drugs and against abuse of legal drugs while on duty or on postal premises.

f) Include former section 661.54 as section 665.26, Intoxicating Beverages, and revise the language by deleting the first sentence of former section 661.54 and by adding provisions for disciplinary action.

g) Include former section 661.56 as section 665.27, Gambling, and add a reference to the Randolph- Sheppard Act.

3) Indebtedness. Former section 661.6 has been deleted.

4) Provisions Concerning Special Postal Service Employees. Former section 661.7 has been deleted.

5) Ethical Conduct Advisory Service and Remedial Action. Except for sections 661.812 and 661.813 regarding ethics officials and ethics advice that were moved to sections 662.12 and 662.11, respectively, former section 661.8 is deleted.

6) Statements of Employment and Financial Interests. Former part 662, Statements of Employment and Financial Interests, is deleted. Information regarding the requirements for financial disclosures is moved to new section 662.2, Financial Disclosure, which refers employees to the applicable sections in the CFR and to Management Instruction EL-660-97-1, which contains information regarding required financial disclosures by Postal Service employees.

7) Political Activities. Part 663, Participation in Political and Community Activities, contains minor revisions to reorganize subsections, add subsection headings, and clarify language throughout. In addition:

a) Section 663.12b is revised, in accordance with Office of Special Counsel guidelines, to prohibit wearing political badges or buttons on duty and/or while in uniform regardless of whether the employee deals with or is exposed to the public.

b) Section 663.13 is revised to clarify language and to delete the CFR reference.

8) Bribery, Undue Influence, or Coercion. Part 664, Bribery, Undue Influence, or Coercion, is revised to update titles and addresses, to add the Office of the Inspector General (OIG) and the Assistant Inspector General for Investigations to the list of entities to which copies of reports regarding bribery, undue influence, or coercion must be sent, and to delete reference to the Chief Postal Inspector.

9) Statutory Provisions. Former part 665, Statutory Provisions, is renumbered as part 661, except that former sections 665.2a and 665.2bb are deleted. Other sections of former 665.2 (now section 661.2) are renumbered and/or updated due to regulatory changes.

10) Postal Service Standards of Conduct. Former part 666, USPS Standards of Conduct, is renumbered as part 665, renamed as Postal Service Standards of Conduct, and reorganized and reworded for clarity. In addition:

a) Former section 661.53 is added to former section 666.2 to create revised section 665.16, Behavior and Personal Habits. Revised section 665.16 also adds a reference to the applicability of the Federal Standards of Ethical Conduct described in revised section 662.1.

b) Cautionary notes regarding consequences for not meeting conduct requirements are added to section 665.41 (former section 666.81), Requirement of Regular Attendance; section 665.42 (former section 666.82), Absence Without Permission; and section 665.44 (former section 666.84), Falsification in Recording Time.

c) Section 665.14 (former section 666.52), Reporting Violations, is revised to reflect the recent realignment of OIG and Inspection Service responsibilities.

d) A reference to OIG investigations is added to section 665.3 (former section 666.6), Cooperation in Investigations.

e) Section 665.5 (former section 666.7), Furnishing Address, is revised to update the methods that must be used to change an employee mailing address.

f) Section 665.42 (former section 666.82), Absence Without Permission, is revised to add information regarding the Family Medical Leave Act (FMLA).

11) Whistleblower Protection. Section 666.3, Whistleblower Protection, is added. This section adds procedures for investigations by the OIG of Postal Service employee allegations of reprisal for the release of information under section 666.18. This new section also provides that such allegations, if raised by OIG employees, will be referred to an outside organization or individual for investigation.

12) Legal Assistance Provided by the Postal Service. Former part 667 is revised and moved to part 668, Legal Assistance Provided by the Postal Service. Further revisions to renumbered part 668 include:

a) The separate procedure in former section 667.1 for requesting representation by the Department of Justice (DOJ) in matters involving civil suits arising out of their operation of motor vehicles is deleted. Requests for representation by the DOJ in such instances will now be handled the same as requests for non-motor vehicle cases (new sections 668.1 and 668.2).

b) A reference to the Federal Tort Claims Act (28 U.S.C. 2679) is added to section 668.11 (former sections 667.11 and 667.21).

c) A new requirement is added to section 668.122 (former section 667.222) that requires the installation head to submit a statement to the area managing counsel indicating whether he/she believes the employee was acting within the scope of his or her employment (new section 668.122a).

d) Provisions are added to section 668.123 (former section 667.223) to stipulate that OIG employees must follow procedures established by the Inspector General to request representation by the Department of Justice rather than follow the procedures in part 668 for Postal Service employees.

e) Section 668.3 (former 667.5) is revised to delete references to PCES and headquarters employees. PCES and headquarters employees are to follow the procedures in sections 668.1 and 668.2.

13) Prohibited Personnel Practices. Former section 668.1, Prohibited Personnel Practices, is moved to new part 666. Former section 668.11, Restrictions, is renumbered as section 666.1. Further revisions to renumbered section 666.1 include:

a) Section 666.12 combines former section 668.112b and c and adds a prohibition against discrimination based on reprisal for protected activity, parental status, and sexual orientation, in connection with examination, appointment, reappointment, reinstatement, reemployment, promotion, transfer, demotion, removal, or retirement.

b) Section 666.18 (former section 668.118), Reprisal for Release of Information, is revised to indicate that disclosure of information under section 666.18a and b that is specifically prohibited by law does not carry protection against reprisal. Further revisions provide that any disclosures made under section 666.18a and b to the Inspector General of the Postal Service are not prohibited by law unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

14) Remedies. Former section 668.12, Remedies, is moved to section 666.2. Further revisions to renumbered section 666.2 include:

a) Section 666.22 (former section 668.122) is revised to update the time limit for filing EEO complaints, to add reprisal as a basis of EEO complaints, and to add a reference to Publication 133, What You Need to Know About EEO.

b) Section 666.23 (former section 668.124) is revised to update the time limit for appeals to the Merit Systems Protection Board (MSPB) and to add that preference eligible employees may appeal reduction-in-force actions to the MSPB.

c) Section 666.24 (former section 668.123) is updated to reflect the provisions of section 652.4 regarding grievance procedures for nonbargaining unit employees.

d) Section 666.25 (former section 668.125) is revised to do the following:

i) Replace the 6-month continuous service requirement with the requirement to be a nonprobationary employee in order to be eligible to appeal an adverse action under 652.2.

ii) Add a reference to section 652.2 for appeals of adverse actions.

iii) Add a reference to section 652.3 for appeals of letters of warning in lieu of time-off suspensions.

e) Section 666.26 (former section 668.126) is renamed Other Appeal Procedures for Prohibited Personnel Practices. The position to which such appeals are sent is changed to the Vice President, Labor Relations. Allegations for violations of law are revised to show they are referred to the Inspection Service and/or the OIG.

15) Service Matters. Former sections 668.21 through 668.28 are moved to section 667.1, General Service Behavior, with some minor changes to wording. Former section 668.29 is moved to section 667.2, Interception of Oral or Wire Communications by Postal Employees. Further revisions to renumbered section 667.2 include the following:

a) An exception to the prohibition against interception of oral or wire communications is added for investigations by the OIG in section 667.22.

b) A provision for establishing call monitoring programs by postal management for legitimate business purposes if they comply with applicable federal statutes and regulations is added to section 667.22.

c) The United States Code citation is updated in section 667.23.

Former section 668.3, Records, Information, and Associated Processing Systems and Equipment, is moved to section 667.3. Minor wording revisions are made for clarity. Updates to legal and internal regulatory citations also are made. Further revisions to renumbered section 667.3 include the following:

a) Language allowing management at each Postal Service employment installation to permit employees to make limited personal use of postal office equipment, including information technology, is added to section 667.331 (former section 668.331).

b) Language is added to section 667.332 (former section 668.332) that holds users accountable for damage to postal property due to negligence or intentionally destructive acts.

c) Section 667.334 is added to set forth possible sanctions for misuse of postal equipment.

d) Section 667.34 (former section 668.34) is amended to add that information about customers must be protected from unauthorized use or disclosure.

16) Definitions. Part 669, Definitions, is amended to delete the definition of, and references to, "special Postal Service employees" because this is no longer a classification of employee. The revision also deletes the definition of "associate Ethical Conduct Officers" and adds the definitions of "office equipment" and "personnel action."

We will incorporate these revisions into the next printed version of the ELM and into the online update of the ELM, available on the Postal Service PolicyNet Web site:

• Go to http://blue.usps.gov.

• Under "Essential Links" in the left-hand column, click on References.

• Under "References" in the right-hand column, under "Policies," click on PolicyNet.

• Click on Manuals.

It is also available on the Postal Service Internet:

• Go to www.usps.com.

• Click on About USPS & News, then Forms & Publications, then Postal Periodicals and Publications, and then Manuals.

Employee and Labor Relations Manual (ELM)

* * * * *

6 Employee Relations

* * * * *

660 Conduct

[Revise 660 to read as follows:]

661 Statutory Provisions

661.1 Laws Referenced in This Manual

The laws mentioned in this manual are listed for information only. Nothing in this manual constitutes an interpretation or construction of these laws which might be construed as binding the United States Postal Service or the United States.

Failure to mention a statute does not excuse any person from complying with the statute.

661.2 Application to Postal Employees

In addition to the statutes listed in Title 5, Code of Federal Regulations (CFR), Part 2635.901-902, the following statutes and regulations are applicable to all employees in the Postal Service.

a. Prohibition against proscribed political activities (Title 5, United States Code (U.S.C.), subchapter III of chapter 73, and 18 U.S.C. 602, 603, 607, and 608).

b. Prohibition against appointing or promoting a relative, or advocating such an appointment or promotion (5 U.S.C. 3110).

c. Prohibition against disloyalty and striking (5 U.S.C. 7311; 18 U.S.C. 1918).

d. Prohibition against bribery, graft, and conflicts of interest (18 U.S.C. 201, 203, 205, 208, and 209).

e. Prohibition against acting as the agent for a foreign principal registered under the Foreign Agents Registration Act (18 U.S.C. 219).

f. Prohibition against unauthorized taking or use of documents relating to claims against or by the government (18 U.S.C. 285).

g. Prohibition against postal employees becoming interested in any contract for carrying the mail (18 U.S.C. 440).

h. Prohibition against counterfeiting and forging transportation requests (18 U.S.C. 508).

i. Prohibition against deprivation of employment or other benefit for political activity (18 U.S.C. 601).

j. Prohibition against:

(1) Embezzlement of government money or property (18 U.S.C. 641).

(2) Failing to account for public money (18 U.S.C. 643).

(3) Embezzlement of money or property of another person in the possession of an employee by reason of his or her employment (18 U.S.C. 641).

k. Prohibition against:

(1) Disclosure of classified information (18 U.S.C. 798).

(2) Disclosure of confidential information (18 U.S.C. 1905).

l. Prohibition against fraud or false statements in a government matter (18 U.S.C. 1001).

m. Prohibition against participation in lottery enterprises (18 U.S.C. 1303).

n. Prohibition against carriage of mail contrary to law (18 U.S.C. 1693).

o. Prohibition against desertion of mail (18 U.S.C. 1700).

p. Prohibition against obstruction of correspondence (18 U.S.C. 1702).

q. Prohibition against delay or destruction of mail or newspapers (18 U.S.C. 1703).

r. Prohibition against theft of property (18 U.S.C. 1707).

s. Prohibition against theft of mail (18 U.S.C. 1709).

t. Prohibition against theft of newspapers (18 U.S.C. 1710).

u. Prohibition against misappropriation of Postal Service funds (18 U.S.C. 1711).

v. Prohibition against falsification of postal returns (18 U.S.C. 1712).

w. Prohibition against improper issuance of money orders (18 U.S.C. 1713).

x. Prohibition against misuse of the franking privilege (18 U.S.C. 1719).

y. Prohibition against the unlawful sale or pledge of stamps (18 U.S.C. 1721).

z. Prohibition against unlawful collection of postage (18 U.S.C. 1726).

aa. Prohibition against improper approval of bond or sureties (18 U.S.C. 1732).

bb. Prohibition against lobbying with appropriated funds (18 U.S.C. 1913).

cc. Prohibition against the use of deceit in an examination or personnel action in connection with government employment (18 U.S.C. 1917).

dd. Prohibition against mutilating or destroying a public record (18 U.S.C. 2071).

ee. Prohibition against disclosure of lists of names and addresses (39 U.S.C. 412).

ff. Prohibition against making or receiving political recommendations for appointment or promotion (39 U.S.C. 1002).

gg. Prohibition against receipt of unauthorized fees (39 U.S.C. 1009).

hh. Prohibition against opening First-Class Mail® (39 U.S.C. 3623).

ii. Oath of office required for all postal employees (39 U.S.C. 1011).

jj. Privacy Act of 1974 (5 U.S.C. 552a).

662 Federal Standards of Ethical Conduct

662.1 Publication

To ensure that every citizen can have complete confidence in the integrity of the federal government, each federal employee, including each postal employee, must respect and adhere to the principles of ethical conduct set forth in 5 CFR 2635, 5 CFR 7001, and 39 CFR 447.

Note: The Code of Federal Regulations can be accessed at http://www.gpoaccess.gov/cfr/.

662.11 Ethics Advice

Employees who have questions about the application of the ethics regulations to particular situations should seek advice from an agency ethics official. Disciplinary action for violating these regulations will not be taken against an employee who has engaged in conduct in good faith reliance upon the advice of an agency ethics official, provided that the employee has made full disclosure of all relevant circumstances in seeking such advice. Disclosures made by an employee to an agency ethics official are not protected by the attorney-client privilege. An agency ethics official is required by 28 U.S.C. 535 to report any information he or she receives relating to a violation of the criminal code (Title 18 U.S.C.).

662.12 Ethics Officials

Employees who wish to obtain ethics advice in accordance with 662.11 above must obtain that advice from one of the following agency ethics officials or their designees: the Postal Service general counsel, the chief counsel for ethics and federal requirements, the managing counsel for the civil practice section, or the managing counsel for each field legal office. Inspection Service employees may also seek routine ethics advice from the Inspector in Charge, Office of Counsel, or designee. Office of Inspector General employees may also seek routine ethics advice from the Office of Inspector General counsel or designee.

662.2 Financial Disclosure

Certain federal and postal employees are required by law to disclose their personal financial interests in order to ensure confidence in the integrity of the federal government. The federal regulations regarding financial disclosure are set forth in 5 CFR 2634. Specific instructions regarding the financial disclosure requirements of postal employees are contained in Management Instruction EL-660-97-1, Financial Disclosure Report Procedures for the U.S. Postal Service, January 30, 1997.

663 Participation in Political and Community Activities

663.1 Political Activities

663.11 General

663.111 Employees Included

With the exceptions noted in part 663.112, Postal Service employees are subject at all times to restrictions on their participation in political activities under the Hatch Act (5 U.S.C., subchapter III of chapter 73, and 18 U.S.C. 602, 603, and 607) and related regulations.

663.112 Employees Excluded

Postal employees who are employed on an irregular or occasional basis (e.g., experts and consultants, substitute rural carriers, or those on a per-diem basis), and those employees who are employed without compensation or on a when-actually-employed basis are subject to the restrictions mentioned in 663.111 only while in an active duty status and only for the entire 24 hours of a day of actual employment. Notwithstanding this paragraph, full-time employees in a leave status and part-time employees are fully subject to the restrictions of 663.111.

663.113 Nonpartisan Office

An employee may seek, accept, or hold a nonpartisan federal, state, or local office subject to the provisions of this Code and this section. A nonpartisan office is one filled as a result of a nonpartisan election. A nonpartisan election is an election in which none of the candidates to be nominated or elected represent a political party whose candidates for presidential elector received votes in the last preceding election held to select presidential electors.

663.114 Employee Responsibility

Example: An employee who wishes to seek, accept, or hold a nonpartisan federal, state, or local office is responsible for ascertaining:

a. Whether the office is nonpartisan within the definition in 663.113.

b. Whether federal, state, or local law permits a Postal Service employee to seek, accept, or hold the particular office.

c. Whether the duties of the office would result in a conflict with Postal Service employment.

d. Whether the discharge of the duties of the office would interfere with the acceptable performance of Postal Service duties or would interfere with the acceptable performance by other Postal Service employees of their respective duties. Employees may seek advice from one of the agency ethics officials listed in 662.12 or from the Office of Special Counsel (OSC) in making these determinations. The advisory service of the OSC can be reached at (800) 854-2824.

663.115 Prohibition Against Conflict

An employee is encouraged to seek advice from one of the agency ethics officials listed in 662.12 or from the OSC before taking any action to seek, accept, or hold a federal, state, or local office. If the employee assumes the duties of this nonpostal office and they interfere with the proper discharge of postal duties, either by that individual or by other postal employees, then the employee holding the nonpostal office must be advised by a superior to eliminate the interference. This can be accomplished either by resignation from the nonpostal office or some other appropriate manner. If the employee fails, refuses, or neglects to comply with this advice and the interference continues, that individual will be subject to disciplinary proceedings.

663.116 Campaign While on Leave

Employees, other than postmasters, district managers, or acting postmasters in a salary level of EAS-25 or higher, may be granted permission to campaign for a full-time state or local nonpartisan office while on annual leave or on authorized leave without pay during the campaign when:

a. The criteria in 663.114a and 663.114b are met.

b. The vice president of Area Operations determines that the employee's postal responsibilities are being conducted in a satisfactory manner and that the absence of the employee during the campaign period will not disrupt the operation of the facility where the person is employed.

Note: Requests must be submitted through the postmaster or other installation head to the vice president of Area Operations. An employee who is elected and takes such a full-time office may either be separated from the Postal Service or granted leave without pay.

A postmaster in salary level EAS-25 or higher, a district manager, or an acting postmaster in salary level EAS-25 or higher, may not be authorized to take annual leave or leave without pay for the purpose of campaigning for a full-time state or local nonpartisan office.

663.12 Additional Prohibited Political Activities

In addition to the restrictions on political activities referred to in 663.111, an employee may not:

a. Display a political picture or sticker on property owned or leased by the Postal Service. The employee is not forbidden, however, from displaying a picture, including a personally autographed picture of a political figure, in an office or place of work if it contains no language in the nature of political campaigning.

b. Wear a political badge or button while in uniform or while on duty.

c. Display a political picture or sticker on a private vehicle while that vehicle is being used for official purposes.

ELM continued >