[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR7.9]

[Page 35-36]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 7--STANDARDS OF CONDUCT--Table of Contents
 
  Subpart B--Conduct and Responsibilities of Employees or Commissioners
 
Sec. 7.9  Outside employment or activities.

    (a) A member of the Commission shall not devote a substantial 
portion of his or her time to any other business, vocation, or 
employment. Any individual who is engaging substantially in any other 
business, vocation, or employment at the time such individual begins to 
serve as a member of the Commission shall appropriately limit such 
activity no later than 90 days after beginning to serve as such a 
member.
    (b) An employee shall not engage in outside employment that is not 
compatible with the full discharge of his or her Government employment 
and not in compliance with any labor-management agreement between the 
Federal Election Commission and a labor organization. Incompatible 
outside employment or other activities include but are not limited to:
    (1) Outside employment or other activities which would involve the 
violation of a Federal or State statute, local ordinance, Executive 
Order, or regulation to which the employee is subject;
    (2) Outside employment or other activities which would give rise to 
a real or apparent conflict of interest situation even though no 
violation of a specific statutory provision was involved;
    (3) Acceptance of a fee, compensation, gift, payment of expense, or 
any other thing of monetary value in circumstances where acceptance may 
result in, or create the appearance of, a conflict of interest;
    (4) Outside employment or other activities that might bring 
discredit upon the Government or Commission;
    (5) Outside employment or other activities that establish 
relationships or property interests that may result in a conflict 
between the employee's private interests and official duties;
    (6) Outside employment or other activities which would involve any 
contractor or subcontractor connected with any work performed for the 
Commission or would involve any person or organization in a position to 
gain advantage in its dealings with the Government through the 
employee's exercise of his or her official duties;
    (7) Outside employment of other activities that may be construed by 
the public to be the official acts of the Federal Election Commission. 
In any permissible outside employment, care shall be taken to ensure 
that names and titles of employees are not used to give the impression 
that the activity is officially endorsed or approved by the Commission 
or is part of the Commission's activities;
    (8) Outside employment or other activities which would involve use 
by an employee of his or her official duty time; use of official 
facilities, including office space, machines, or supplies, at any time; 
or use of the services of other employees during their official duty 
hours;
    (9) Outside employment or other activities which tend to impair the 
employee's mental or physical capacities to perform Commission duties 
and responsibilities in an acceptable manner; or
    (10) Use of information obtained as a result of Government 
employment which is not freely available to the general public or would 
not be made available upon request. However, written authorization for 
the use of any such information may be given when the Commission 
determines that such use would be in the public interest.
    (c) An employee shall not receive any salary or anything of monetary 
value from a private source as compensation for his or her services to 
the Government in violation of 18 U.S.C. 209.
    (d) Employees are encouraged to engage in teaching, lecturing, and 
writing that is not prohibited by law, Executive Order 11222, or this 
part. However, an employee shall not, either for or without 
compensation, engage in teaching or writing that is dependent on 
information obtained as a result of his or her Commission employment, 
except when that information has been made available to the general 
public or will be made available on request, or when the Commission 
gives written authorization for the use of nonpublic information on the 
basis that the use is in the public interest.

[[Page 36]]

    (e) This section does not preclude an individual from participation 
in the affairs of or acceptance of an award for meritorious public 
contribution or achievement given by a charitable, religious, 
professional, social, fraternal, nonprofit educational, recreational, 
public service or civic organization.
    (f) An employee of the Office of General Counsel who intends to 
engage in outside employment shall obtain the approval of the General 
Counsel/Ethics Officer. All other employees who intend to engage in 
outside employment shall obtain the approval of the Staff Director prior 
to review and approval by the Ethics Officer. The request shall include 
the name of the person, group, or organization for whom the work is to 
be performed, the nature of the services to be rendered, the proposed 
hours of work, or approximate dates of employment, and the employee's 
certification as to whether the outside employment (including teaching, 
writing or lecturing) will depend in any way on information obtained as 
a result of the employee's official Government position. The employee 
will receive notice of approval or disapproval of any written request in 
accordance with any labor-management agreement between the Commission 
and a labor organization. A record of the approval shall be placed in 
each employee's official personnel folder.