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� w: � � � � .. <br />� � � <br />uini����i�i�iu�i�i�i�i�i���i�i�i�i����ui�u�uu�uuuui�ini��iuuuuuuii�i�ii�iiui�i�iinii�iiim� � �u������u��u���u�� <br />April 9, 2015 <br />LA-15-03 <br />LEGAL ADVISORY <br />TO: Designated Agency Ethics Officials <br />FROM: David J. Apol <br />General Counsel <br />SUBJECT: The Standards of Conduct as Applied to Personal Social Media Use <br />Use of social media has becoine prevalent among Federal executive branch employees <br />and agencies. The U.S. Office of Government Ethics (OGE) is aware that agency ethics officials <br />have an interest in understanding how the Standards of Ethical Conduct for Executive Branch <br />Employees (Standards of Conduct), 5 C.F.R. part 2635, apply to the use of social media. This <br />interest is reflected in the increased volume of questions that OGE receives from various <br />agencies seeking advice in this area. <br />As an initial matter, the Standards of Conduct do not prohibit executive branch <br />employees from establishing and maintaining personal social media accounts. As in any other <br />context, however, employees must ensure that their social media activities comply with the <br />Standards of Conduct and other applicable laws, including agency supplemental regulations and <br />agency-specific policies. To assist employees and agency ethics officials in this endeavor, OGE <br />is providing the following guidance regarding issues that agency ethics official have frequently <br />raised concerning employees' obligations under the Standards of Conduct when using social <br />media.l <br />1. Use of Government Time and Property <br />When employees are on-duty, the Standards of Conduct require that they use official time <br />in an honest effort to perform official duties. See 5 C.F.R. § 2635.705. As a general matter, this <br />requirement limits the extent to which employees may access and use their personal social media <br />' Employees should remain aware that other statutes and regulations outside of OGE's puroiew may further limit <br />their use of social media. For example, the Hatch Act, 5 U.S.C. § 7321, et seq., limits the extent to which executive <br />branch employees may use social media to engage in certain political activities. See U.S. Ofiice of Special Counsel, <br />Ff•equetatly Asked Questions Regarding the Haich Act and Social Media, Apri14, 2012, available at: <br />https://osc.gov/Resources/Social%20Media%20and%20the%20Hatch%20Act%202012.pdf <br />1201 iVaw Yc�rk Avenue, NUV, 5uiYe S00 � Washinr�ton, [�C 2Qf�OS <br />www.oge.c�av <br />