Attachment 5 - FEMA Personnel Standards of Conduct Directive.pdf

FEMA DIRECTIVE: Personnel Standards of Conduct

FEMA Directive 123-0-2-1

BACKGROUND

This Directive applies to all Federal Emergency Management Agency (FEMA) employees (referred to as “FEMA employees”), those detailed or otherwise assigned to FEMA from other Components within the Department of Homeland Security (DHS), other Federal agencies, or under the Intergovernmental Personnel Act (IPA), collectively referred to herein as “personnel.” This Directive does not supersede any directives or instructions.

PURPOSE

This directive sets forth FEMA’s policy for the general standards of conduct and ensures all personnel covered by this Directive are guided by the principles established in FEMA Policy 112-01, Publication 1, (We are FEMA). This Directive promotes professionalism and conforms to established ethical principles. Absence of a specific standard of conduct herein does not mean that unspecified behavior is permissible or that no corrective action will be taken from unspecified conduct. All personnel should review the Authorities and References listed in the Additional Information section of this Directive and refer to the FEMA Active Policy Inventory for other policies, directives, and instructions that may directly or indirectly relate to Federal employee conduct and ethics.

PRINCIPLES

A. FEMA’s Core Values of Compassion, Fairness, Integrity, and Respect guide the actions and behavior of its employees.

B. Public service is a public trust. Maintaining strong standards of behavior and ethical conduct also maintains public trust and confidence in FEMA and its workforce.

REQUIREMENTS

A. GENERAL CONDUCT

Outcome: All personnel will carry out their duties in a professional, respectful, and ethical manner, and will abide by this Directive and all FEMA and DHS policies and procedures, as well as, all applicable laws and regulations pertaining to federal employee conduct. All FEMA employees are subject to appropriate disciplinary action for misconduct when it is determined the employee violated any law, regulation, or policy for DHS or FEMA. (See Appendix A for Responsibilities of FEMA employees.) Non-FEMA employees may be disciplined subject to the policies set forth by their employing organization. Non-FEMA employees under an IPA must comply with the IPA agreement to the extent it is applicable regarding the obligations and responsibilities of FEMA, the participating organization, and the employee during the assignment period.

https://intranet.fema.net/Homepage%20Documents/Publication%201.pdf

1. Communication. All personnel will be professional in their communications (verbal, non-verbal, and written), contact with supervisors, subordinates, co-workers, other FEMA employees, affiliates, and members of the public. “Professional” for the purposes of this directive means being polite, respectful, helpful, considerate, and patient.

2. Job Performance. All personnel shall be disciplined and meet all performance obligations in the performance of their duties to the government and the public while following FEMA policies and procedures.

3. Dress and Attire. All personnel must be dressed appropriately to present a professional and positive image that incorporates regional and cultural tolerance to the public and/or colleagues while on duty. This requirement is not limited to the traditional workplace and extends to telework, remote, and virtual environments. Supervisors have the authority to decide if a person’s attire is inappropriate. After consulting with FEMA's Office of Chief Component Human Capital Officer (OCCHCO) and Labor Employee Relations (LER), the Supervisor may send FEMA employees home and require that they take leave, pursuant to the FEMA Manual 123-10-1 Absence and Leave, until they comply. For all other personnel, they may be sent home as well, and their sponsoring agency notified.

a. Examples of inappropriate dress include, but are not limited to:

i. shorts;

ii. flip flops;

iii. clothing that shows offensive images or texts;

iv. clothing that exposes one’s midsection; and

v. clothing that is ripped.

b. For classroom activities, appropriate casual business attire may be worn. Examples of appropriate business attire include, but are not limited to:

i. slacks;

ii. khakis;

iii. suits;

iv. sport coats

v. blazers;

vi. skirts/dresses;

vii. shirts with collars;

viii. capri pants;

ix. sweaters; and

x. dress or casual shoes.

Additional guidance regarding the use of FEMA distinctive clothing is addressed in FEMA Directive 123-18 Standard FEMA-Distinctive Clothing.

4. Badge, Credentials, and Official Identification. Personnel will not use any FEMA identification, or other form of identification associated with their employment, in a manner which may reasonably give the perception that they are using the identification for personal benefit, attempting to exert undue influence, or to obtain, https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/243/Directive%20-%20Standard%20FEMA%20-%20Distinctive%20Clothing%20(Rev.%201).pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/279/Manual%20-%20Absence%20and%20Leave.pdf directly or indirectly, a favor, reward, or preferential treatment for themselves or others, or to improperly enhance their own image. All personnel are prohibited from cloning, scanning, photocopying, or modifying their FEMA badge, credential, or official identification. See FEMA Directive 121-1 Personal Identification Standard and FEMA Instruction 121-3-1 Credential and Access Reference Instruction.

5. False Statements. All personnel must be truthful and fully forthcoming in all official matters and duties, and will not knowingly make false, misleading, incomplete, or ambiguous statements, whether written, verbal or non-verbal.

6. Workplace Environment. FEMA requires a safe, inclusive, productive, professional, and respectful workplace that is free of harassment (sexual or non-sexual), discrimination, retaliation, and violence. See DHS MD 256-01 Anti-Harassment Program.

a. Workplace. Workplace is defined as the location where the employee regularly performs their duties. This includes but is not limited to the traditional worksite and extends to all telework, remote, and virtual environments.

b. Harassment. FEMA promotes a workplace environment free of all forms of harassment wherever FEMA employees work, including any form of harassment that does not rise to the level that violates the law. FEMA prohibits any unwelcome verbal or physical act conducted based on one of the Equal Employment Opportunity (EEO) protected biases to include race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (over 40), disability, and genetic information.

Retaliation/reprisal for EEO activity that is so objectively offensive as to alter the conditions of one’s employment where the conduct culminates in a tangible employment action or is sufficiently severe and/or pervasive as to create a hostile work environment is also prohibited. FEMA takes every allegation of harassment seriously, strongly encourages the reporting of suspected harassment, investigates every allegation of harassment promptly and fairly, and will impose appropriate discipline on any FEMA employees found to have engaged in harassment, regardless of rank or position, up to and including termination from employment.

i. In accordance with the DHS Instruction 256-01-001, Anti-Harassment Program, FEMA prohibits harassing conduct having a direct nexus to the individual’s position or responsibilities, which occurs on duty, off duty, face-to-face, or remotely via electronic/digital means, including, but not limited to telephone, email, social media, websites and chat applications. Such conduct is prohibited regardless of whether it occurs during working hours or on DHS property.

c. Violence. FEMA does not tolerate workplace violence including physical assaults, physical contact, intimidation, threats (verbal, written, or visual) or other disruptive behavior or language or work-place related incidents of domestic violence, sexual assault, and stalking. See DHS MD 256-03 Workplace Violence.

d. Discrimination. FEMA does not tolerate discrimination by anyone based on an individual’s race, color, sex (including pregnancy, gender identity, sexual orientation), religion, national origin, age, disability, genetic information, or previous EEO activity. See FEMA Directive 112-14 Equal Opportunity and Affirmative Employment. Furthermore, it is FEMA’s policy to ensure the civil rights of all persons receiving services or benefits from Agency programs and activities are protected. All https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/225/Directive%20-%20Personal%20Identification%20Standard%20Directive.pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/286/Instruction%20-%20Credential%20and%20Access%20Reference%20Instruction.pdf https://www.dhs.gov/sites/default/files/publications/DHS%20Anti-Harassment%20Directive%20and%20Policy%20-%20MD%20256-01%20-%204.25.13_2.pdf http://dhsconnect.dhs.gov/org/comp/mgmt/policies/Directives/256-01-001.pdf https://www.dhs.gov/sites/default/files/publications/mgmt/human-resources/mgmt-dir_256-03-workplace-violence_rev-00.pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/190/Directive%20-%20Equal%20Opportunity%20and%20Affirmative%20Employment%20Directive.pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/190/Directive%20-%20Equal%20Opportunity%20and%20Affirmative%20Employment%20Directive.pdf personnel working to support disaster or emergency assistance functions shall perform their work in an equitable and impartial manner without discrimination. See FEMA Directive 112-11, Title VI Civil Rights Program. No personnel shall discriminate against other employees based on union membership or union activities.

7. Fraternization. It is prohibited for any person to form, maintain, solicit, or attempt to form an intimate relationship with a covered individual (see A.7.b.ii) if the person works on matters in their official capacity that affect or involve the covered individual, or if the person represents to the covered individual that they have the ability to influence such a matter in their official capacity that affects or involves the covered individual.

a. Applicability. This prohibition applies equally to all personnel covered by this Directive, regardless of position, grade, or status, whether at headquarters, a regional office, fixed facility, or a deployed location.

b. Variances. The FEMA Office of Chief Counsel (OCC) Ethics Counselor, in coordination with the employee’s supervisor, may provide written guidance authorizing variances to the standards in this paragraph, consistent with the Standards of Ethical Conduct for Employees of the Executive Branch, or measures (such as a transfer to new duties or a screening agreement) to safeguard against potential conflicts of interest.

i. An “intimate relationship” includes marriage; engagement; dating; engaging in acts, communications, or relationships of a romantic or sexual nature; and the sharing of living or sleeping accommodations other than for authorized temporary duty (TDY) lodging, regardless of who initiates the intimate relationship.

ii. A “covered individual” includes a supervisor, a subordinate, a FEMA Corps member, an applicant for or recipient of FEMA Individual or Public Assistance, a person who is seeking employment with FEMA, a current or prospective FEMA contractor or grantee, or any other person with whom an intimate relationship would give an appearance of impropriety.

iii. A “supervisor” is a person who has the authority to approve or disapprove, or make a recommendation concerning another subordinate person’s performance evaluations, awards, assignments of work, discipline, term renewal, promotion, deployment, mobilization, demobilization, or other conditions of employment. The supervisor-subordinate relationship remains notwithstanding how many other personnel are between the two personnel in the chain of supervision, whether the supervisor provides direct, day-to-day supervision over the subordinate’s work or is a temporary or permanent.

8. Safety. All personnel will observe and employ safe practices in accordance with all applicable regulations and guidance, including those developed in response to unforeseen developments such as pandemic responses, in the performance of their duties. Employees will promptly report to their supervisors any injury, accident, or illness that occurs in connection with the performance of their official duties by the most expeditious means available.

9. Nepotism. Personnel will not appoint, employ, promote, advance, or advocate for https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/246/Directive%20-%20Title%20VI%20Civil%20Rights%20Program.pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/246/Directive%20-%20Title%20VI%20Civil%20Rights%20Program.pdf appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which they are serving or over which they exercise jurisdiction or control an individual who is a relative, as prohibited by 5 U.S.C. § 3110 and under “prohibited personnel practices” in 5 U.S.C. § 2302(b)(7).

10.Preferential Treatment. FEMA employees must act impartially and not give preferential treatment to any private organization or individual, per 5 C.F.R. § 2635.101. For the intent of this Directive, preferential treatment is defined as giving an unfair advantage, that is not based on merit, to one person or group at the expense of another, also known as favoritism or cronyism. FEMA prohibits providing any unfair advantage to friends, relatives, or persons with whom the employee is affiliated in a nongovernmental capacity. Preferential treatment can occur in a variety of contexts. Examples of improper preferential treatment in the hiring process include but are not limited to the following:

a. FEMA employees must not disclose non-public information or otherwise use their public office for private gain or to provide an unfair advantage to an applicant for FEMA employment. See 5 C.F.R. §§ 2635.702 and 2635.703.

b. FEMA employees must avoid the appearance of loss of impartiality when they participate as the selection official (including serving as a panel member) for a vacancy or for the award of grants or contracts. Employees must not direct or attempt to influence a selection process, selection official, or panel member. Any employee whose duties require them to participate in any selection for a job, grant, or contract will immediately notify their supervisor if the applicant is a relative with whom they have a close personal relationship or friend with whom they have a close personal relationship.

In such cases, the supervisor must consult with an Ethics Counselor to determine whether the employee must recuse themselves from participation and must provide written documentation to OCCHCO for inclusion in the hiring file. There are other relationships the employee may have with an applicant that may require consultation with an Ethics Counselor. See 5 C.F.R. § 2635.502.

B. OTHER ACTIVITIES AND CONDUCT

Outcome: All personnel will observe rules and guidelines regarding specially identified activities and conduct.

1. Conduct: Personnel shall not engage in criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, or other conduct prejudicial to the Government.

Notoriously disgraceful conduct is any conduct that would embarrass or discredit the employee, FEMA, or the Federal Government. All personnel shall conduct themselves in a professional manner on and off duty.

2. Substance Abuse.

a. Personnel will not report for duty or remain on duty under the influence of alcohol, prescription (including medication) or illegal drugs (including cannabis and cannabidiol (CBD)) that impair or impede with the employee’s ability to fulfill their performance of duties. See FEMA Manual 123-20-1 Drug-Free Workplace Program.

b. Personnel may not purchase, possess, sell, distribute, or consume alcohol or https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/291/Manual%20-%20Drug-Free%20Workplace%20Program.pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/291/Manual%20-%20Drug-Free%20Workplace%20Program.pdf illegal drugs (including cannabis and CBD) while on official duty. Any off duty use of a controlled substance, or other substance in violation of federal law or regulation (including cannabis) is prohibited. An exemption for the appropriate official use of alcoholic beverages may be obtained in accordance with 41 C.F.R. § 102- 74.405.

i. Cannabis is a controlled substance under federal law, notwithstanding its legalization for medical or recreational use in some U.S. states or territories. As such, any use of cannabis or any other controlled substance, whether on-duty or off-duty, may result in the suspension or revocation of an employee’s security clearance, and/or disciplinary action.

c. Under no circumstances will personnel operate Government-Owned, Government Furnished, or Government Leased vehicles or machinery while under the influence of alcohol or drugs, including cannabis and CBD. Alcoholic beverages may not be transported in a Government owned, furnished, or leased vehicle or machinery.

d. If any personnel require additional mental health resources or assistance, they have the option of contacting the Federal Government’s Employee Assistance Program (EAP) at www.FOH4you.com.

3. Gambling. Personnel will not engage in any gambling activity while on or off duty at any government owned or leased premises, including gambling on the internet, conducting an office pool or fantasy sports league, or any game with financial stakes. Further, at no time will employees use any government furnished, owned or leased, equipment for any such activity. This includes but is not limited to the use of internet browsers on FEMA-issued mobile devices to access such gambling sites.

4. Smoking, Vaping, and Smokeless Tobacco. Smoking, vaping, and smokeless tobacco are only permitted in the designated areas. Smoking and vaping are prohibited in courtyards and within twenty-five (25) feet of doorways and air intake ducts on outdoor space under the jurisdiction, custody, or control of the federal government. Candles and incense are not permitted to be used in any FEMA buildings, facilities, or Government owned, leased, or furnished vehicles.

5. Firearms and Weaponry. Unless firearms and other FEMA-issued use of force weaponry are authorized and required in the performance of duty, personnel will not carry firearms, weapons, or other weaponry, either openly or concealed, while on official duty or on government-owned or leased property (including, but not limited to rental cars, hotel rooms, and/or other accommodations reimbursed by FEMA).

Personnel will not transport firearms and weaponry in GOVs, unless authorized to do

so. For all items prohibited on federal property, see Interagency Security Committee (ISC) Standard Items Prohibited from Federal Facilities.

6. Off Duty Conduct. When off duty, personnel should not engage in criminal misconduct, harassment, or other personal behavior that reflects negatively on FEMA or could cause the loss of public trust and confidence with FEMA.

7. Social Media Use.

http://www.foh4you.com/ http://www.foh4you.com/ https://www.cisa.gov/sites/default/files/publications/isc-items-prohibited-federal-facilities-feb-2013-508.pdf https://www.cisa.gov/sites/default/files/publications/isc-items-prohibited-federal-facilities-feb-2013-508.pdf

a. FEMA personnel may not state or imply that they are communicating on behalf of FEMA, DHS, or the Federal Government while using social media for personal purposes, including:

i. Referring to FEMA, DHS, or the Federal Government in a social media account handle, name, or URL;

ii. Using FEMA or DHS logos in a profile photo, banner image, header image, or website background image;

iii. Establishing a public or private discussion board/group that appears to represent the views of FEMA, DHS, or the Federal Government.

b. Employees are prohibited from using social media in a matter that:

i. Is reasonably likely to disrupt FEMA’s mission;

ii. Violates any law, rule, or regulation, including the Hatch Act and DHS or FEMA policies;

iii. Involves the release of nonpublic information or government protected information.

c. Employees are prohibited from using their government email account for their own personal use or to establish or operate social media accounts for personal use.

d. In addition, see U.S. Office of Government Ethics (OGE) legal advisory LA-15-03, 2015, “Standards of Conduct as Applied to Personal Social Media Use.

8. Unlawful Activities and Arrests. FEMA regards any violation of law as being inconsistent with and contrary to the Agency’s core values. Therefore, personnel will not engage in any activities which violate local, state, and/or federal laws, which may result in their arrest or their receipt of a summons to appear in court on criminal charges. A custodial arrest, the payment of a bail or bond, a sentence to any term of confinement, or receipt of a summons to appear in court on criminal charges must be reported to the Office of Professional Responsibility (OPR) in accordance with FEMA Directive 112-13, Office of Professional Responsibility, and their immediate supervisor or other management official within their chain of command as soon as reasonably possible. Minor traffic violations will be exempt to this rule.

C. GOVERNMENT PROPERTY AND INFORMATION

Outcome: All personnel are good stewards of Government property and information.

1. Government Property. All personnel must conserve, protect, and dispose of Government property in accordance with FEMA Instruction 119-7-1 Personal Property Asset Management Program. In addition to disciplinary or adverse action, personnel may be responsible for paying for damage to, or loss of, Government property in their care.

a. Use of Government property and/or connection to FEMA network. All personnel may use Government computers, mobile phones, tablets, and office equipment for authorized purposes only. See DHS MD 4900, Individual Use and Operation of DHS Information Systems/Computers.

b. Sexual, hateful, or offensive material. The use of Government computers, mobile phones, tablets, and office equipment to access, view, store, copy, purchase, or transmit nudity, sexually explicit, offensive, or hateful material is strictly prohibited.

c. Authorized Software. All personnel may only use FEMA authorizedsoftware, programs, https://www.oge.gov/web/oge.nsf/0/16D5B5EB7E5DE11A85257E96005FBF13/$FILE/LA-15-03-2.pdf https://www.oge.gov/web/oge.nsf/0/16D5B5EB7E5DE11A85257E96005FBF13/$FILE/LA-15-03-2.pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/222/Directive%20-%20Office%20of%20Professional%20Responsibility%20Directive%20(Rev.%200).pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/222/Directive%20-%20Office%20of%20Professional%20Responsibility%20Directive%20(Rev.%200).pdf http://dhsconnect.dhs.gov/org/comp/mgmt/policies/Directives/4900%20Individual%20Use%20and%20Operation%20of%20DHS%20Information%20Systems%20-%20Computers.pdf http://dhsconnect.dhs.gov/org/comp/mgmt/policies/Directives/4900%20Individual%20Use%20and%20Operation%20of%20DHS%20Information%20Systems%20-%20Computers.pdf http://dhsconnect.dhs.gov/org/comp/mgmt/policies/Directives/4900%20Individual%20Use%20and%20Operation%20of%20DHS%20Information%20Systems%20-%20Computers.pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/684/Instruction%20-%20FEMA%20Personal%20Property%20Asset%20Mgmt%20Program.pdf and applications on their Government computers, mobile phones, and tablets.

Employees will adhere to security policies and procedures regarding the use and protection of their user identification and passwords.

d. Authorized Equipment. Equipment that is not owned or leased by the Federal Government or operated by a contractor on behalf of the Federal Government, is not to be connected to FEMA equipment or networks without the written prior approval of the DHS Chief Information Security Officer (CISO). Personally owned equipment, devices and software are not to be used to process, access, or store sensitive information without the written prior approval of the FEMA CISO.

e. Monitoring. All use of FEMA information systems by anyone (including FEMA, personnel, contractors, and others working on behalf of FEMA) is subject to monitoring or search at any time. Once a user’s identity is verified through the system login process (authentication), the user acknowledges their consent to monitoring and acknowledges that they have no expectation of privacy for their use of or for information stored in such systems.

2. GovernmentTravel.

a. Fraudulent Claims. All personnel who travel on official business at Government expense are prohibited from knowingly submitting fraudulent travel claims for reimbursement. For all official travel policies and travel guidance, see the FEMA 122-1-1 Travel Policy Manual. All personnel shall obtain approval from their supervisors or other appropriate official prior to using a Government owned, furnished, or leased vehicle.

b. A supervisor or manager may not direct or arrange for a subordinate ora covered person (see A.7.b.iii) to perform official Government travel at Government expense for any improper purpose, whether in whole or in part, or without a legitimate and articulable need that is mission essential and in the best interest of the Government.

c. All personnel shall adhere to motor vehicle management principles, laws, regulations, directives, and ensure compliance concerning the use of vehicles. See Instruction 119- 24-1 FEMA Fleet Management Program.

3. Government-Sponsored ChargeCards.

a. Pursuant to FEMA Manual 122-1-1 Travel Policy Manual and federal travel regulations under 41 C.F.R. §301, Government-sponsored travel charge cards may only be used for payment of authorized official travel expenses. The FEMA travel charge card cannot be used for personal purposes. Only the person whose name appears on the charge card may use the charge card for their own official travel expenses. Anyone who holds a travel card must pay all valid charges appearing on the charge card statement in full when due. FEMA personnel must pay all undisputed travel charge card charges appearing on the charge card statement in full and on time. The failure of an employee to pay their travel charge card account in full and on time may result in disciplinary action.

b. All personnel will safeguard Government-issued charge cards under their care, including travel cards, fleet cards, and purchase cards, and will promptly report the loss of any Government-issued cards to their supervisor, card program point of contact, and the card-issuing bank. Cardholders are responsible for using the charge card strictly in https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/326/Manual%20-%20Travel%20Policy%20Manual.pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/685/Inst%20119-24-1%20Fleet%20Management%202020.03%20(002).pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/685/Inst%20119-24-1%20Fleet%20Management%202020.03%20(002).pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/326/Manual%20-%20Travel%20Policy%20Manual.pdf accordance with both FEMA requirements and those of the financial institution issuing the card.

c. FEMA personnel will only use Government-issued charge cards to pay for authorized goods and services for Government furnished or leased vehicles pursuant to Instruction 119-24-1 FEMA Fleet Management Program.

4. Safeguarding and Disclosure of Official Information.

a. Personnel shall not disclose, use, or store official information or nonpublic information without proper authority. Examples of official information include information that is protected from disclosure by statute, Executive Order, or regulation; proprietary business information; and information retrieved from FEMA automated systems. Official information also includes any information acquired in connection with FEMA employment, that the person knows, or reasonably should know, has not been made available to the general public.

b. Personnel shall not access, conceal, alter, remove, mutilate, or destroy documents or data in the custody of FEMA or the Federal Government without proper authority. See Directive 141-1 FEMA Records Management Program

c. All personnel must safeguard all official information against unauthorizedaccess, disclosure, alteration, or loss.

D. ETHICAL CONDUCT

Outcome: All FEMA and other federal employees, including personnel covered by this Directive, must maintain especially high standards of honesty, impartiality, character, and conduct to ensure the proper performance of Government business and the continual trust and confidence of the nation’s citizenry.

1. All personnel should be familiar with and comply with the Standards of Ethical Conduct for Employees of the Executive Branch contained in 5 C.F.R. Part 2635, the DHS Supplemental Ethics Regulation found at 5 C.F.R. Part 4601, and DHS MD 0480.1:

Ethics/Standards of Conduct, and are encouraged to refer to the Office of Government Ethics’ website: https://www.oge.gov, for access to ethics statutes, regulations, forms, and helpful informational materials.

2. To ensure that every citizen can have complete confidence in the integrity of the federal government, personnel must respect and adhere to the principles of ethical conduct set forth below.

a. Place loyalty to the Constitution, the laws, and ethical principles above private gain as public service is a public trust.

b. Not hold financial interests that conflict with the conscientious performance of duty.

c. Not engage in financial transactions using nonpublic government information or allow the improper use of such information to further any private interests.

d. Not solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by FEMA, or whose interests may be substantially affected by the performance or nonperformance of the employee’s duties.

e. Put forth an honest effort in performing their duties.

https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/685/Inst%20119-24-1%20Fleet%20Management%202020.03%20(002).pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/685/Inst%20119-24-1%20Fleet%20Management%202020.03%20(002).pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/236/Directive%20-%20Records%20Management%20Program.pdf https://www.dhs.gov/xlibrary/assets/foia/mgmt_directive_0480_1_ethics_standards_of_conduct.pdf https://www.dhs.gov/xlibrary/assets/foia/mgmt_directive_0480_1_ethics_standards_of_conduct.pdf https://www.oge.gov/

f. Not knowingly make unauthorized commitments or promises of any kind purporting to bind the Government.

g. Not use public office for private gain.

h. Shall act impartially and not give preferential treatment to any private organization or individual.

i. Protect and conserve federal property and not use it for unauthorized activities.

j. Not engage in unauthorized outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities.

k. Disclose waste, fraud, abuse, and corruption to appropriate authorities.

l. Satisfy in good faith, obligations as citizens, including all just financial obligations, especially those such as federal, state, or local taxes that are imposed by law.

m. Adhere to all laws and regulations that provide equal opportunity for all citizens regardless of race, color, religion, sex, national origin, age, or disability.

n. Endeavor to avoid any actions creating the appearance that they are violating the law, or the ethical standards set forth in this Directive. Whether circumstances create an appearance that the law or these standards have been violated will be determined from the perspective of a reasonable person with knowledge of the relevant facts.

3. Per the DHS Supplemental Ethics Regulation at 5 C.F.R. part 4601, DHS employees are required to obtain written approval before engaging in outside employment and certain outside activities. All personnel covered by this Directive must contact an OCC Ethics Counselor and receive authorization before commencing such activities.

4. Per the DHS Supplemental Ethics Regulation 5 C.F.R. part 4601.105, no intermittent or non-intermittent FEMA employee shall be employed by a current FEMA contractor unless granted a waiver in accordance with 5 C.F.R. part 4601.105.

5. Personnel should consult with their supervisor and an OCC Ethics Counselor on general questions regarding the applicability of the standards of conduct regulations. On specific matters, and for guidance on questions of conflict of interest, employees are strongly encouraged to seek the advice and guidance of an OCC Ethics Counselor.

E. POLITICAL ACTIVITY

Outcome: Personnel must abide by the Hatch Act regarding political activities.

1. Political Activity. The Hatch Act generally prohibits the political activity of federal employees while on duty, in a federal workplace, in a Government vehicle, or while conducting official business. For purposes of the Hatch Act, political activity is defined as activity directed at success or failure of a political party, partisan political group, or candidate for partisan political office.

2. All personnel are encouraged to refer to an OCC Ethics Counselor for a complete listing of Hatch Act prohibitions.

https://osc.gov/Services/Pages/HatchAct.aspx

F. REPORTING

Outcome: All personnel report alleged violations of the Standards of Conduct or alleged violations of ethical conduct.

1. All personnel have the responsibility to report allegations of employee misconduct, including any violations of law, rule or regulation, of which they are aware. Violations of these Standards of Conduct (including those further listed in facility-specific guidance) shall be reported immediately. Minor infractions that do not rise to the level of “reportable misconduct” shall be reported to the violator’s supervisor at FEMA. Violations that rise to the level of “reportable misconduct” under FD 112-13 Office of Professional Responsibility shall be reported to OPR.

2. Any alleged violation of Federal, state, or local criminal laws by person(s) subject to this Directive shall be reported to OPR and/or the DHS Office of Inspector General (OIG) in accordance with FD 112-13 and to the appropriate law enforcement authorities using one of the following methods:

a. FEMA Office of Professional Responsibility (OPR)

i. Via email: FEMA-Misconduct@fema.dhs.gov

ii. By telephone: 833-TELL-OPR (833-835-5677)

iii. By U.S. Mail: FEMA Headquarters, 400 C Street, SW

3rd Floor (3SW), Washington, DC, 20472-3155

b. DHSOIG

i. By telephone: 800-323-8603; TTY 844-889-4357; Fax 202-254-4297

ii. By U.S. Mail: DHS Office of Inspector General/MAIL STOP 0305, Attn: Office of Investigations – Hotline 245 Murray Lane SW Washington, DC 20528-0305

3. All personnel must report to their supervisor (or a supervisor within their chain of command) and OPR any personal adverse involvement with law enforcement as a result of criminal conduct (e.g. arrest, criminal citations, temporary restraining orders, etc.). (See F.2.a for OPR reporting methods.)

4. All personnel may report to the Office of Special Counsel allegations that constitute Whistleblower Protection Enhancement Act disclosures or other Prohibited Personnel Practices pursuant to 5 U.S.C. § 2302.

G. EMPLOYEE ACCOUNTABILITY

Outcome: All personnel must be responsible for their own actions and are subject to being held accountable for any substantiated allegations of misconduct.

1. All FEMA employees are accountable for their actions and are subject to appropriate disciplinary action for misconduct when an investigation has determined the employee is in violation of any laws, rules, or regulations. Discipline can range from an official written reprimand to termination. See FEMA Manual 255-3-1 Employee Discipline Manual.

2. All other personnel are required to know the Personnel Standards of Conduct, its https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/222/Directive%20-%20Office%20of%20Professional%20Responsibility%20Directive%20(Rev.%200).pdf mailto:FEMA-Misconduct@fema.dhs.gov https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/292/Manual%20-%20Employee%20Discipline%20Manual.pdf

Peter T. Gaynor Administrator Federal Emergency Management Agency

Date application to their behavior, and to adhere to it. Violations of these standards of conduct may be reported to the sponsoring/sending agency.

H. TRAINING

Outcome: All FEMA employees complete training classes (online or classroom) as determined by DHS, FEMA, and federal mandate where required.

1. All FEMA employees must participate and complete all requisite training as determined by FEMA, DHS, Federal laws, regulations, and policies. Ethics Training will require new FEMA employees to review the Principles of Ethical Conduct set forth in Executive Orders 12674 and 12731, as well as the Standards of Ethical Conduct for Employees of the Executive Branch (as codified in 5 C.F.R. Part 2635). Ethics training must be completed within 3 months of the new hire’s Entrance on Duty (EOD) date and be instructed by an Agency official designated by OCC.

a. New FEMA employees who do not complete their required ethics training will be notified by OCCHCO of the outstanding requirement.

2. All personnel who attend training at any FEMA training and educational facility, to include but not limited to the National Emergency Training Center, Center for Domestic Preparedness, and Mount Weather Emergency Operations Center, must comply with FEMA Policy 123-0-2, FEMA Educational and Training Participants Standards of Conduct and any additional facility-specific guidance. FEMA employees will be subject to appropriate disciplinary action for any academic or other misconduct as described in FEMA Policy 123-0-2, FEMA Educational and Training Participants Standards of Conduct. To the extent that this directive conflicts with FEMA Policy 123-0-2, this directive shall control, and discipline will be governed by FEMA Manual 255-3-1, Employee Discipline Manual.

https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/292/Manual%20-%20Employee%20Discipline%20Manual.pdf https://usfema.sharepoint.com/teams/OPPAPolicy/Lists/Policy%20Master%20List/Attachments/797/Policy%20-%20FEMA%20Educational%20and%20Training%20Participant%20Standards%20of%20Conduct%20-%2010.29.2020.pdf

ADDITIONAL INFORMATION

REVIEW CYCLE

FEMA Directive 123-0-2-1, Personnel Standards of Conduct will be reviewed, reissued, revised, or rescinded within four (4) years of the issue date.

AUTHORITIES

A. 5 C.F.R. § 2635, Standards of Ethical Conduct for Employees of the Executive Branch B. 5 C.F.R. Part 735, Employee Responsibilities and Conduct C. 5 U.S.C. §§ 7321-7326 (Hatch Act) and implementing regulations at 5 C.F.R. Part 11734 D. 5 U.S.C. § 2302, Prohibited Personnel Practices E. 5 U.S.C. § 3110, Employment of Relatives; restrictions F. Executive Orders (EO) 12674 and 12731, Principles of Ethical Conduct for Government

Officers and Employees G. 5 C.F.R. Part 4601, DHS Supplemental Standards of Ethical Conduct for Employees of the

Department of Homeland Security H. 5 CFR § 4601.105, Additional rules for Federal Emergency Management Agency (FEMA) employees I. 41 C.F.R. § 102-74.405, What is the Policy Concerning the Use of Alcoholic Beverages?

REFERENCES

A. FEMA Policy 112-01, Publication 1 (We are FEMA) B. DHS MD 11042.1, Safeguarding Sensitive but Unclassified Information C. DHS Directive 256-01, Anti-Harassment Directive D. DHS Instruction 256-01-001, Anti-Harassment Program E. DHS Directive 256-03, Workplace Violence F. DHS Policy Statement 256-06, Anti-Harassment Policy Statement, April 1, 2019 G. DHS MD 0480.1, Ethics/Standards of Conduct H. DHS MD 4900, Individual Use and Operation of DHS Information Systems/

Computers I. DHS MD 4600.1, Personal Use of Government Office Equipment, April 14, 2003 J. Legal Advisory Memo (LA-15-03), The Standards of Conduct as Applied to Personal

Social Media Use, David Apol (General Counsel), April 9, 2015 K. OPM Memorandum from Katherine Archuleta, Director, “Federal Laws and Policies

Prohibiting Marijuana Use” dated May 26, 2015 L. FEMA Directive 103-1, Data Management M. FEMA Directive 121-6, Fraud Prevention and Investigation Directive N. FEMA Directive 123-18, Standard FEMA Distinctive Clothing O. FEMA Directive 141-1, FEMA Records ManagementProgram P. FEMA Directive 146-1, Suspension and Debarment of Individuals and Non-federal

Entities Q. FEMA Directive 112-5, Obtaining Legal Review and Assistance R. FEMA Directive 119-7, Federal Personal Property Asset Management Program S. FEMA Instruction 119-7-1, FEMA Personal Property Asset Management Program T. FEMA Directive 140-1, FEMA IT Management U. FEMA Directive 112-14, Equal Opportunity and Affirmative Employment V. FEMA Directive 112-11, Title VI Civil Rights Program

W. FEMA Directive 112-13, Office of Professional Responsibility X. FEMA Directive 121-1, Personal Identification Standard Y. FEMA Directive 252-7, Intergovernmental Personnel Act (IPA) Z. FEMA Manual 123-10-1, Absence and Leave AA. FEMA Manual 123-20-1, Drug-Free Workplace Program BB. FEMA Instruction 119-24-1, FEMA Fleet Management Program CC. FEMA Manual 255-3-1, Employee Discipline Manual DD. FEMA Manual 256-3-1, Administrative Grievance System EE. FEMA Manual 122-1-1, Travel Policy Manual FF. FEMA Instruction 121-3-1, Credential and Access Reference Instruction GG. Items Prohibited from Federal Facilities: An Interagency Security Committee Standard

(February 2013) HH. FEMA Policy 123-0-2, FEMA Educational and Training Participants Standards of Conduct

FORMS

A. FEMA Form 256-6-1-1, FEMA Outside Employment Request B. FEMA Form 30-14, Receipt of FEMA Standards of Conduct

MONITORING AND EVALUATION

OCCHCO will ensure the Personnel Standards of Conduct Directive is communicated agency-wide and periodically evaluate its effectiveness during the document’s review cycle.

QUESTIONS

Questions concerning FEMA Directive 123-0-2-1, Personnel Standards of Conduct should be addressed to the Office of the Chief Component Human Capital Officer at (866) 896-8003 or FEMA-HC-ServiceDesk@fema.dhs.gov.

mailto:FEMA-HC-ServiceDesk@fema.dhs.gov

APPENDIX A

A. Roles and Responsibilities

1. Office of the Chief Component Human Capital Officer (OCCHCO) is responsible for:

a. Developing, approving, and maintaining Human Resources policies and procedures for FEMA; and

b. Providing guidance and advice to supervisors and managers on the application of the Standards of Conduct; and

c. Providing the Standards of Conduct Directive and FEMA Form 30-14, Receipt of FEMA Standards of Conduct, to new employees as part of their orientation package; and

d. Assisting supervisors in determining and/or administering discipline as required.

2. Office of the Chief Financial Officer (OCFO) is responsiblefor:

a. Establishing internal controls designed to prevent and detect non-compliance with applicable financial laws, standards, and accounting principles; and

b. Managing use and oversight of the Government Travel Card Program.

3. Office of the Chief Security Officer (OCSO) is responsiblefor:

a. Developing, approving, and maintaining security policies and procedures for FEMA and all personnel on FEMA property; and

b. Adjudicating an employee’s suitability, fitness, and eligibility to occupy a national security position and access to classified information after receipt and review of a substantiated allegation of misconduct.

4. Office of Chief Counsel (OCC) is responsible for:

a. Developing, reviewing, approving, and maintaining legal policies and regulations for

FEMA; and

b. Providing guidance and advice to supervisors and managers on the application of

Standards of Conduct; and

c. Designating an agency official to conduct ethics training to new hires within 3 months of the new hire’s EOD; and

d. Responding and advising employees on ethical obligations and approving or disapproving outside employment or activities when requested through their ethics office and program; and

e. Forwarding appropriate complaints and situations to OPR for appropriate referral to

DHS OIG.

5. Office of Professional Responsibility (OPR) is responsiblefor:

a. Developing, reviewing, approving, and maintaining employee misconduct policies for

FEMA employees; and

b. Receiving, documenting, reviewing, routing, and investigating all allegations of misconduct involving FEMA employees.

6. Office of Equal Rights (OER) is responsible for:

a. Developing, reviewing, approving, maintaining and enforcing equal opportunity, affirmative employment, and anti-discrimination laws, regulations, and policies; and

b. Providing guidance and advice to FEMA employees on equal opportunity, affirmative employment, and anti-discriminatory practices or questions; and

c. Addressing and investigating alleged acts cognizable within the EEO complaint process under 29 C.F.R. Part 1614.

7. Office of Chief Information Officer (OCIO) is responsiblefor:

a. Developing, reviewing, approving, and maintaining informationtechnology security policies and requirements for FEMA.

8. Supervisors are responsiblefor:

a. Ensuring employees know and adhere to this Directive; and

b. Serving as a role model by providing positive leadership through positive actions and respectful communications; and

c. Treating fellow employees and subordinates with dignity, respect, and professionalism;

and

d. Taking prompt action to notify the proper offices and persons to address any alleged misconduct; and

e. Addressing allegations of misconduct per FEMA and DHS policies and regulations; and

f. Reporting any potential conflict of interest situations to an OCC ethics counselor; and

g. Preserving confidentiality of employee complaints by sharing information only with those who have a need to know to carry out official duties and government business; and

h. Communicating and refusing to tolerate harmful, threatening, intimidating, harassing, disruptive, or any other inappropriate workplace behavior.