Political Action

IMPORTANT: You may view this email using your home email on your personal computer, smart phone, or other electronic device when not on government property.  This information should not be downloaded using government equipment, read during duty time, or sent to others using government equipment, because it involves a potential lobbying effort and could be a violation of the 18 U.S. Code § 1913,  Lobbying with Appropriated Moneys.   

Under this Statute, applicable to all Federal executive branch employees, Federal employees are prohibited from using appropriated funds (including the use of official employee time and Government resources) for activities that are intended or designed (directly or indirectly) to influence in any manner a member of Congress, a jurisdiction, or an official of any government (Federal, state or local) to favor or oppose any legislation, law or appropriation. 

• AFGE Local 704 asks that you contact your Congressional Representative and United States Senators and express your concern over what Congress is doing to our nation’s environment and the U.S. EPA.  Please give your elected representatives a call, write an e-mail, send a letter or better yet personally visit their office and tell them that express your concerns.

• Not sure who represents you? Click on this link and enter you zip code to find your Congressional Representative and United States Senators. Find Your Elected Officials

• Here’s another link: USA.gov Contact Elected Officials 
• Printable list of phone numbers of current voting members of the U.S. House of Representatives and Senate.

Many EPA employees have inquired about the possible ethical implications of sharing your personal opinions on science, policy or politics, particularly in social media.  You as a United States citizen are free to express yourself about matters that are important to you, including ones that relate to EPA.  Your ability to express yourself includes doing so in the workplace and in personal social media. But, when you do express yourself in the workplace or EPA (which is your workplace), there are three things you should bear in mind:  the federal ethics rules continue to apply to you as they always have; the rules depend on whether you are speaking in your official EPA capacity or your individual personal capacity; and your expression of your views in the workplace needs to comply with agency orders prohibiting conduct that is “abusive or offensive,” or that constitutes harassment.

• Ethics Outreach Lobbying Presentation, March 17, 2017

Understanding the Ethics Rules

 While you may express yourself, please remember that you can’t misuse your federal position when doing so.  We want to help ensure you understand every employee’s ethics obligations while being clear that we are not limiting or expanding your ability to act or communicate, nor taking any position in support of or against such actions or communications.  This message explains the ethics rules you should consider when you speak or write or otherwise express your opinions.

Let’s start with the basics.  The ethics rules have not changed because we have a new Administration.  We, as EPA employees, are still bound by the Hatch Act and the Standards of Ethical Conduct for Employee of the Executive Branch, and the conflict of interest statutes.  The ethics rules do not change depending on the type of forum.  The same rules about misuse of position, EPA’s limited personal use policy, fundraising and the Hatch Act apply to your use of social media, tweeting or blogging as they do to non-virtual, more traditional forms of communication.

Understanding the Capacity In Which You Are Acting

In terms of ethics rules, we view any activity in one of two ways:  either you are acting in your OFFICIAL EPA capacity, or you are acting in your INDIVIDUAL PERSONAL capacity.  There is no in-between, no “professional” capacity category.  It’s either official duty or individual personal capacity.

When speaking or writing, including blogging and in social media, you should be clear in what capacity you are communicating.  We liken it to staying in your designated lane when driving:  you can be in one lane of the highway or the other, and you can also switch lanes, but don’t straddle the dotted line or weave back and forth.  The safest drivers stay in the middle of their designated lane and signal appropriately when they are changing lanes.  It’s the same with ethics.  The ethical employee knows and makes clear to others when she is acting in her official capacity versus her personal capacity.

Typically, an activity is undertaken in OFFICIAL CAPACITY when it is consistent with statutory authority and Agency or office mission and assigned duties.  When working in your official capacity, you can use EPA time and resources, including EPA email address, EPA phone number, EPA equipment and property and, if applicable, subordinates.  To participate in INDIVIDUAL PERSONAL CAPACITY, we urge you not to use your EPA email address or contact information and, if possible, not refer to EPA position or title.  If you feel you must refer to your EPA position or title, then the prudential advice is to do so as one of several biographical details with EPA not having any undue prominence.  You should be clear you are expressing an individual personal opinion, not speaking on behalf of the Agency.  While the agency does have a limited personal use policy that allows some personal use of EPA equipment such as computers, if expressing a personal opinion publicly on a subject, it is safest to avoid the use of EPA equipment.

Understanding Some Limits on Conduct

Displaying offensive materials or engaging in conversations that constitute “abusive or offensive language, gestures, or other conduct” as listed in EPA Order 3120.1 is prohibited.  Harassment based on conduct that is threatening, intimidating, and/or bullying will not be tolerated, per EPA Order 4711.

For Those Who Want to Know More

To assist you in navigating the ethics and Hatch Act rules that apply to communications, whether in personal or official capacity, we created a couple of charts.  We hope they help guide you to stay in the correct ethics “lane.”  Treat your fellow employees with the dignity and respect we all deserve and to stay committed to and focused on our core mission, protecting human health and the environment.  As always, if you have an ethics question, please don’t hesitate to contact the OGC Ethics team, your regional ethics counsel or your Deputy Ethics Official.  To reach OGC Ethics, send an email to ethics@epa.gov. Printable handouts on Hatch Act and “staying in the right lane” are here:

• Reminder about Hatch Act Rules
• Which Lane Are You in Official Vs. Personal

Here are a few documents that can help with congressional visits and issues.

AFGE Council 283 Issue Booklet Feb. 2017: This document urges Congress to support the EPA’s budget and its work towards clean water and air, so it and partners can continue to protect Americans’ health.

10 Things Federal Government Employees Want You to Know: 2 pager highlighting the merits of federal employees and the 2017 legislative priorities.

2017 Fast Facts: Facts from federal pay and benefits to crippling the union, check out the myths and the attacks on federal employees.