The Office of Government Ethics has put out guidance to agencies on recent rules changes in the “standards of conduct” restrictions on outside job-seeking, highlighting changes to social media and STOCK Act-related policies.
Previously, it says, use of social media was not explicitly addressed in the section dealing with seeking employment online, OGE said in Legal Advisory 16-06, so it “added four new examples to clarify that the rules in this subpart apply in a similar manner to all methods employees use when seeking employment . . . In these examples, OGE applies to employees’ use of social media existing interpretive guidance regarding when an employee has begun seeking employment.”
The examples clarify that an employee is not considered to be seeking employment merely by posting to a social media account a profile, resume, or similar summary of professional experience that is not targeted at a specific person.
Similarly, such an employee would not be deemed to be seeking employment with a person merely because a person has viewed the employee’s profile on that social media account. The same remains true if someone viewing the posting sends an unsolicited message to the employee after viewing the online profile.
However, the employee receiving such a message would be deemed to be seeking employment with the sender if the employee responds to the message and the employee’s response is anything other than a rejection.
Also, it said, the rules clarify the procedures for those required to file publicly available financial disclosures and who are negotiating for or who have reached an agreement of future employment or compensation. Under the STOCK Act they must file a statement notifying the agency ethics official within three business days and recuse themselves from any agency decision that may involve a real or perceived conflict of interest. The rules specify what types of disclosures comply with those requirements.
