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Discourse and courtesy: An ethics refresher

May 4, 2022

Forest Service insignia.

WASHINGTON, DC—The Forest Service is a workforce full of dedicated, passionate employees. Oftentimes, that passion can cause us to disagree with one another on issues.

Those views should always be communicated with dignity and respect. Threatening words or actions and any sort of unprofessional behavior or discourse benefit no one, whether on social media, via email or through a threatening call or text.

Please keep in mind that in the course of your work as well as during your personal time, we are always public servants, in and out of uniform. So, when you respond in a manner that can be considered unethical or derogatory in a public forum, that can be interpreted as representative of your role as a Forest Service employee. In particular, your personal social media comments are frequently reported to the agency. We value your diversity of thoughts and opinions, but please be courteous. Think before you post, tweet or email.

For these reasons, we ask you to take time to review the ethics guidelines below.

Misuse of Position: 5 CFR 2635 Subpart G

Use of Government Resources and Official Time

The ethics rules may be implicated if the federal employees used official government resources** or official time (when on duty) to make their remarks on social media and/or comments on a digital article or blog.

When employees are on duty, the Standards of Conduct require that they use official time in an honest effort to perform official duties. See 5 C.F.R. § 2635.705. As a general matter, this requirement limits the extent to which employees may access and use their personal social media accounts while on duty. The Standards of Conduct also require employees to protect and conserve government property and to use government property only to perform official duties, unless they are authorized to use government property for other purposes. See 5 C.F.R. § 2635.704. 

**Where agencies have established policies permitting limited personal use of government resources by their employees, those policies control what constitutes an authorized use of government resources. In some cases, such “limited use” policies may authorize employees to access their personal social media accounts while on duty.

Reference to Government Title or Position & Appearance of Official Sanction

Generally, our ethics rules prohibit employees from using their official titles, positions, or any authority associated with their public offices for private gain. 5 C.F.R. § 2635.702. They also require that employees avoid using their titles or positions in any manner that would create an appearance that the government sanctions or endorses their activities or those of another. 5 C.F.R. §§ 2635.702; 2635.807(b). That said, an employee does not, for example, create the appearance of government sanction merely by identifying his or her official title or position in an area of the personal social media account designated for biographical information. In evaluating whether a reference to an employee’s official title or position on social media violates the ethics rules, we would consider the totality of the circumstances to determine whether a reasonable person with knowledge of the relevant facts would conclude that the government sanctions or endorses the social media comment/post/communication in question. 

  • Whether the employee states that he or she is acting on behalf of the government; 
  • Whether the employee refers to his or her connection to the government as support for the employee’s statements (e.g., "As a wildland firefighter for 20+ years I can assure you that ___________”)
  •  Whether the employee prominently features his or her agency’s name, seal, uniform or similar items on the employee’s social media account or in connection with specific social media activities; 
  • Whether the employee refers to his or her government employment, title, or position in areas other than those designated for biographical information; 
  • Whether the employee holds a highly visible position in the government, such as a senior or political position, or is authorized to speak for the government as part of the employee’s official duties; 
  • Whether other circumstances would lead a reasonable person to conclude that the government sanctions or endorses the employees’ social media activities; or 
  • Whether other circumstances would lead a reasonable person to conclude that the government does not sanction or endorse the employees’ social media activities.

Please also take time to read USDA Directive 4070-735-001, Employee Responsibilities and Conduct, Section 11 (pages 5-7), which deals with Prohibited Activities (e.g., f. harassing employees by word or action; l. discourteous conduct or disrespect to another; and n. making threats against others).

If you have any questions or concerns about ethical conduct, you can contact the ethics office at Ethics-NRE@usda.gov.

Additional resources

Secretary Vilsack's memo on restoring public trust in the government

Social and traditional media rights and responsibilities for Forest Service employees

USDA: Ethics website

USDA: Ethics YouTube channel

 

https://www.fs.usda.gov/inside-fs/delivering-mission/excel/discourse-and-courtesy-ethics-refresher