Tennessee Bulletin Number 110-08-1

June 27, 2008

Subject: MGT – Ethics – Employee Participation in NRCS Programs

Purpose: To remind employees about the ethics issues involved with an employee’s participation in NRCS programs.

Expiration Date: September 30, 2009

This bulletin provides a reminder of the previously-issued direction regarding actions that must be taken to avoid a conflict of interest when an employee applies to participate in a Natural Resources Conservation Service (NRCS) program or NRCS-assisted program. The attached Technical Assistance Matrix will assist employees and supervisors at all levels to better understand the impact of the requirements described below.

What Employees Must Do

The large amount of money associated with the Farm Bill Programs demand greater transparency. Employees must understand the rules and requirements in situations where conflicting interests are present. Employees should re-read sections 2635.402 and 2635.502 in the "Standards of Ethical Conduct for Employees of the Executive Branch". Disqualification to avoid conflicts of interest, or the appearance of impartiality, is the responsibility of the individual employee.

An employee who applies (or plans to apply) to participate in an NRCS program must not perform pre-contract functions with respect to competing applications, or any substantive function with respect to the employee’s own application. An employee who becomes aware of the need to disqualify him or herself from performing official duties related to pre-contract functions must notify his or her supervisor in writing immediately. This employee should also notify other employees in the office about his or her plans to participate in a program.

The geographic scope from which an NRCS employee who applies to participate in an NRCS program must be disqualified, and not perform substantive work in an official capacity with respect to the employee’s own or competing applications, varies by NRCS program depending on the area of competition. Ultimately, the extent of disqualification that must be required is determined based on whether the employee’s official duties involve substantial involvement in a particular matter involving specific parties, in which the matter will have a direct and predictable effect on the employee-applicant’s interests.

What Supervisors and Managers Must Do

NRCS managers and supervisors need to understand the ethics rules that require an employee be disqualified from performing NRCS duties when those duties would result in a conflict of interest because the employee has applied for an NRCS program. The manager/supervisor must effectively manage the NRCS programs and human resources within the manager’s area of responsibility, and this could mean temporarily reassigning employees to different duties and/or geographic areas. Supervisors must not tell employees to ignore the ethics requirements.

FY-2008 Areas of Competition for NRCS Programs in Tennessee

Employees are encouraged to discuss with their supervisor any questions or concerns about the information presented here. You may also contact Susan Hopkins, State Administrative Officer.

If you anticipate applying for any NRCS program, your best course of action is to contact your supervisor or Area Conservationist now.

/s/

Kevin Brown

State Conservationist

Attachment

Dist: E

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