[Letter], B-277678, January 4, 1999

B-277678 Jan 04, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Who is also a member of the National Guard or the armed forces Reserves. It defines authorized purposes as those for which Government property is available to members of the public or those purposes authorized in accordance with law or regulation. You noted that there is no provision that includes Reserve or National Guard duties within an employee's official civilian responsibilities. You noted that our office has held that an agency may not grant administrative leave in conjunction with military leave so as to extend the period for which military leave is to be used. 49 Comp. You also noted that we have held that it is incompatible for a person to be on active duty in the military and also be employed in a civilian position with the government. View Decision B-277678 January 4, 1999 Lorraine Lewis, Esq. General Counsel Office of Personnel Management Dear Ms. Lewis: This responds to your letter requesting our opinion on whether an agency employee on official duty, who is also a member of the National Guard or the armed forces Reserves, may conduct, and use agency office equipment to support, Guard or Reserve business. As explained below, we believe that agencies may permit their employees to use a limited amount of official time and agency resources to support the Guard or Reserves. Background On January 29, 1997, you advised the General Counsel of the Department of Veterans Affairs (VA) that federal employees may not use official time and government equipment for National Guard or Reserve duty purposes. You based this opinion primarily on two provisions of the Standards of Ethical Conduct for Employees of the Executive Branch promulgated by the Office of Government Ethics. The first requires employees to use official time in an honest effort to perform official duties unless laws or regulations authorize using the time for other purposes. 5 C.F.R. Sec. 2635.705. The second states that an employee has a duty to protect and conserve Government property and shall not use such property, or allow its use, for other than authorized purposes. 5 C.F.R. Sec. 2635.704. It defines authorized purposes as those for which Government property is available to members of the public or those purposes authorized in accordance with law or regulation. Id. You noted that there is no provision that includes Reserve or National Guard duties within an employee's official civilian responsibilities. You also advised the VA General Counsel of the provisions of 5 U.S.C. Sec. 6323, which authorizes military leave for federal employees who perform active military service as members of a Reserve or Guard component. You noted that our office has held that an agency may not grant administrative leave in conjunction with military leave so as to extend the period for which military leave is to be used. 49 Comp. Gen. 233 (1969). You also noted that we have held that it is incompatible for a person to be on active duty in the military and also be employed in a civilian position with the government. B-222967, June 2, 1987; and 47 Comp. Gen. 505 (1968). You indicated that the cited decisions further support your conclusion. Subsequently, you received an inquiry from Senator Patty Murray expressing concern that your opinion may establish unfair and inequitable treatment of reservists employed by the federal government as compared to those employed in the private sector. She furnished an example provided by a constituent who is a Naval Reserve officer and a private employer. The constituent stated that his unit conducted a "Recall Drill" in which one of the unit's officers is required to verbally contact each of the other members of the unit and report back by voice or FAX to the Reserve Center. The officer who was requested to make the calls works for the federal government and has been told that it would be unethical and illegal for him to use the government telephones, FAX machines and his time while at work to make these contacts. Senator Murray's constituent states that as a private employer he would feel obligated to allow an employee to use company time and equipment to perform this function, and he believes the government should do likewise. You then requested an opinion from the Office of Government Ethics (OGE), which promulgates the ethics regulations cited in your letter to the VA. OGE advised you that 5 C.F.R. Sec. 2635.704, concerning use of government property, was worded with the intent to make it clear that "authorized purposes" may be purposes that do not strictly relate to the performance of official duties. OGE also advised you that 5 C.F.R. Sec. 2635.705, concerning use of employees' time, was worded with the intent to ensure that it would not be construed to limit any authority an agency may have to permit its employees to use official time for appropriate purposes.