2255--Standards of Conduct

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Employees of the Georgia Department of Transportation (GDOT) are expected to maintain and exercise the highest moral and ethical standards in fulfilling their duties and responsibilities. Employees must conduct themselves in a manner that prevents all forms of impropriety, placement of self-interest above public interest, partiality, prejudice, threats, favoritism and undue influence. Conduct which reflects credit upon the Department and the State of Georgia is expected at all times from all employees.

Employees must be alert in conducting business with employees and non-employees to avoid even the appearance of misconduct, personal or financial gain or conflict of interest. While performing departmental duties, employees are required to comply with Federal and State laws, the Code of Ethics for Government Service, (O.C.G.A. 45-10-1), the Governor's Executive Order dated January 13, 2003 and all GDOT policies.

GENERAL PROVISIONS:

Written guidelines which cover all phases of employee conduct are not possible. This policy provides general guidance and some specific examples which establish a framework of principles to assist employees in performing their jobs in a professional manner. The Commissioner shall designate an Ethics Officer for the GDOT. The Ethics Officer shall take appropriate measures to ensure that employees are familiar with applicable ethics laws, Executive Orders and Department policies.

Employees are expected to maintain a professional and business-like relationship with fellow employees, supervisors and all non-departmental individuals with whom they may have business related contacts. Interactions with all individuals, especially co-workers shall be conducted in a courteous and civil manner.

Questions concerning the interpretation of this policy should be directed to the Office of Personnel in the General Office.

CONDITIONS OF EMPLOYMENT:

Employees must comply with the conditions of employment specified in laws, rules, policies, the State Code of Ethics, the Governor's Executive Order referenced previously and those terms and conditions of employment specified in their performance plans. Examples include but are not limited to:

Dressing appropriately and presenting a neat and clean appearance while on duty (See Standards of Dress, TOPPS 2255-11);
Maintaining professional, civil and courteous relationships with co-workers and supervisors;
Maintaining a courteous, professional demeanor in the presence of contractors and contractor employees, DOT employees, and the general public;
Providing clear and accurate information in a professional manner;
Reporting for work on time and observing appropriate call-in procedures for late arrival and/or absence; 6
Using leave appropriately, including submitting timely requests and providing documentation for use of leave when required;
Observing established policies on health, safety, security and sanitation including notifying supervisors of circumstances or situations that present potential health hazards; and,
Complying with instructions from all supervisors and managers.

CONFLICT OF INTEREST:

All employees have a duty of trust to the citizens of the State. No employee is permitted to make an improper profit from the exercise of the employee’s duties and responsibilities or from information, knowledge or skills obtained from the performance of those duties and responsibilities. Employees are expected to avoid even the appearance of a conflict of interest and to report any apparent conflict of interest on the part of another employee to their supervisor or the Ethics Officer.

A conflict of interest may exist when employees engage in activities which may financially or otherwise benefit themselves, their relatives or individuals with whom they are personally or financially involved as a result of knowledge, information or action taken in an official capacity as departmental employees.
A conflict of interest may exist where there is no actual benefit to the employee. The mere presence of the opportunity may create the conflict.
Outside Activities: A conflict of interest may also arise when an employee engages in an outside activity which, while not necessarily incompatible or inconsistent with official duties, nevertheless is or becomes so extensive that it interferes with the proper and full-time performance of official departmental duties. Decisions regarding the existence of a conflict and its remedy are to be made by the appropriate Office Head/District Engineer in consultation with the Ethics Officer.
Appearance of Conflict of Interest: Employees are to make every reasonable effort to avoid even the appearance of a conflict of interest.
An appearance of conflict exists when a reasonable person would conclude from the circumstances that the employee's ability to protect the public interest or perform public duties is compromised by personal interests.
An appearance of conflict could exist even in the absence of a legal conflict of interest.
Impartiality: Employees shall disqualify themselves from participation in any official proceeding in which impartiality might reasonably be questioned due to employees' personal or financial relationships with participants in the proceeding.
Financial or Other Benefit Prohibited: Employees shall not directly or indirectly ask, accept, demand, solicit, seek or receive a financial or other benefit for themselves or for others in return for being influenced in the discharge of their official responsibilities.
Consultation: Employees should consult with their supervisor before engaging in any activity outside their assigned duties and responsibilities that might have any relationship to the operations or public perception of the GDOT.
Departmental Action: The Department reserves the right to take appropriate disciplinary action, to decline to appoint or promote an applicant/employee, and to reassign an employee in order to avoid or eliminate a conflict or the appearance of a conflict of interest based on any relationship of an employee to any other individual.

USE OF PRIVILEGED OR CONFIDENTIAL INFORMATION:

Employees may have access to privileged or confidential information through their knowledge of official plans and programs which may be of significant interest to the public. This includes information acquired as a part of official duties and responsibilities, information acquired by interaction with fellow employees and information acquired by access to departmental facilities and operations.

No Financial or Other Benefit for Information:

Release of Information by Authorization Only: Privileged or confidential information (e.g., contract bids and certain financial, personnel, or contractor information, etc.) is to be released only by authorized GDOT officials in accordance with official Department policy.

The release of any privileged or confidential information is not authorized to any person who does not have a legitimate need to know.

Employees shall not disclose information gained in the course of, or by reason of, their official responsibilities in a way that would affect a personal financial interest for themselves, their relatives, or individuals with whom they are personally or financially involved.
Computer Information: Use of computers to obtain information concerning contractors and contractor employees, customers, other employees or third parties for non-work-related reasons is prohibited. (See Computer Information Systems Policy, TOPPS 8010-2).

DISCLOSURE, MISREPRESENTATION OR FALSIFICATION OF INFORMATION:

All applicants and employees are required to disclose felony convictions on APPLICATIONS FOR EMPLOYMENT and convictions and/or pending charges on STATE SECURITY QUESTIONNAIRE and LOYALTY OATH Forms.

Material falsification or misrepresentation of any information, including criminal history, may result in an offer of employment being withdrawn from an applicant or disciplinary action up to and including dismissal of an employee. NOTE: "Material" refers to information which directly influences and/or impacts a hiring decision or performance of assigned duties and responsibilities based on records, credentials and/or qualifications.

ACTIVITIES AND RELATIONSHIPS WITH NON- EMPLOYEES & ORGANIZATIONS:

Business With Non- Employees:

Company Ownership: Employees must report ownership or partial ownership of a company if the company in which the employee is part owner is doing business, or seeks a business relationship with the GDOT, including any entity within GDOT.

Serving on a Board of Directors: Employees are prohibited from membership on the Board of Directors of any organization with which the GDOT contracts or conducts business.

Prohibition on Favors or Benefits: Employees are prohibited from accepting personal favors or benefits under circumstances which may influence or give the appearance of influencing their official activities. Such favors and benefits may not be accepted by employees on behalf of other individuals.

Third Party Payment of Travel and Business Expenses: The Governor’s Executive Order dated January 13, 2003 mandates that expenses paid by third parties for food, beverages, travel, lodging, and registration associated with an employee’s participation in a meeting related to official or professional duties must be reported. The Georgia Department of Transportation (GDOT) has established TOPPS 7195-11 to ensure compliance with the Governor’s Executive Order.

Conflicts and Perceptions of Conflicts: Employees are prohibited from involvement in official activities in which a contractor, or customer is a relative, or in-law. Employees are prohibited from involvement in official activities in which a contractor, or customer is a personal acquaintance when the relationship creates a conflict or perception of conflict of interest.

Employees are required to report such circumstances to their supervisors to avoid the appearance of giving unjustified preference or conflict of interest.
Employees are encouraged to discuss the above circumstances with their supervisors if there are any questions concerning relatives, in-laws or personal acquaintances.
Conduct: Employees must conduct themselves in a professional, businesslike, positive, and courteous manner at all times towards contractors, contractor employees, and customers. Mistreatment of contractors, contractor employees, and other customers (customers includes the general public) in any form is a matter of concern at all supervisory levels and will not be tolerated.
Prohibited activities include, but are not limited to:
1. Obtaining alcohol or illegal drugs for or from contractors and contractor employees, or any other customer;
2. Gambling, buying, selling, trading, borrowing or lending goods or money with contractors and contractor employees, or customers;
3. Using relationships with, or information obtained on, current or former contractors and contractor employees, or other customers to take unfair advantage of them, their relatives, friends or personal acquaintances;
4. Engaging in sexual relationships, physical sexual conduct, or inappropriate verbal sexual conduct with contractors and contractor employees, or other customers, or otherwise taking sexual advantage of them; and,
5. Engaging in rude, argumentative, hostile or any form of unprofessional behavior toward contractors and contractor employees, or other customers.

ACTIVITIES AND CONDUCT DURING WORKING HOURS:

Employee Relationships:

TOPPS 2255-8

Prohibited behavior includes but is not limited to:

Fighting or using threatening, abusive, or profane language, behavior or written material;
Argumentative behavior, whether directed toward a supervisor, contractor, customer, co-worker or any other party while on duty or while acting under color of office;
Using relationships with, or information obtained on, co-workers to take unfair advantage of them, their relatives, friends or personal acquaintances;
Lending or borrowing money from subordinates, supervisors or co-workers;
Unprofessional behavior such as sexual-related conversations, inappropriate touching of another employee (e.g., kissing, hugging, massaging, sitting on laps), racial or ethnic jokes and slurs, and other verbal or physical conduct of an offensive nature; and,
Intimate relationships between managers or supervisors and their subordinate staff members, through any line of authority, based on the significant potential for such relationships to present an actual or perceived conflict of interest. Employees who enter into such relationships are expected to notify higher management of the need for one or both of the employees in the relationship to be reassigned, so that a line relationship no longer exists between the employees. NOTE: Intimate relationships between co-workers are prohibited when the relationship has a demonstrated negative effect on the performance of either co-worker or the effective, efficient functioning of the work unit.

Investigations: Employees are required to cooperate fully and truthfully and provide assistance, when appropriate, with any type of investigation regarding alleged criminal or administrative misconduct. This includes activities such as cooperating in interviews, answering questions related to the performance of official duties, producing requested documents and polygraph examinations.

Work Time Usage: Employees are not to engage in activities other than official business during working hours. Prohibited activities include, but are not limited to:

Gambling on or in state property;
Conducting an outside business while on duty by any means of communication, such as wearing beepers, operating fax or copier machines, computers, telephones, etc., or soliciting or selling products on the work premises for personal profit;
Use of computers for non-work related reasons (See Computer Information Systems Policy, TOPPS 8010-2);
Being on call for other employment; and,
Distributing advertisements, pamphlets, or similar literature or soliciting memberships (other than for work-related professional organizations).

Electronic Recording Guidelines: Employees are not authorized to electronically record conversations at work unless work-related and specifically approved by the supervisor of the organizational unit.

Supervisors are not to record conversations, meetings, etc. unless there is a specific work-related reason for doing so.
Supervisors should consult with the Office of Personnel prior to recording or authorizing the recording of conversations.
An internal grievance hearing or mediation session may be taped only by the authorized official(s) conducting the hearing or session.
Falsifying Records: Employees are prohibited from falsifying records (e.g., time cards, sign-in/ out sheets, and contractor or customer records) or any other documents prepared during the course of business. Researchers are specifically prohibited from falsification, plagiarism, or other practices that seriously deviate from those practices commonly accepted within the research community for proposing, conducting, or reporting research or any research-related activity.
Alcohol & Drugs: Possession or consumption of alcohol or illegal drugs; and/or reporting to work or being on duty with the presence of drugs or alcohol is prohibited.
Visitors in the Workplace: In order to minimize interference with normal operations and to avoid potential hazards and liability for the Department, visitors (e.g., children, other relatives, friends or acquaintances of employees) in the workplace during work hours are discouraged. Babysitting of children by employees while on duty is prohibited. Work units may establish specific prohibitions in accordance with work-related needs.
Personal Items in the Workplace: Offices, work stations, and office furniture are State property and are reserved for work-related activities. If approved, employees may have personal items in the office or work station, if suitable for the work area.
Examples include family photographs; certificates; diplomas; and small, discreet, decorative or inspirational items intended for the comfort and enjoyment of the employee. Such items must not be offensive or inflammatory, or otherwise inconsistent with the GDOT work setting.
Employees will be required to remove items that are determined to be inappropriate.

USE OF STATE PROPERTY:

State property

Office equipment (e.g., computers, telephones, copiers, fax machines, etc.);
Motor Vehicles; and,
Supplies of all kinds.

Official Use of State Property: Employees are not to use, or permit the use of, State property for other than official activities. Every employee has a positive duty to protect and conserve State property which has been issued or entrusted to them.

Voice mail and fax transmittals should convey professional, business-like messages.
E-mail, Internet and other computer searches and communications should be professional and used for work related reasons only. The display or transmission of sexually oriented material is prohibited. Other misuse includes, but is not limited to, ethnic slurs, racial comments, off-color jokes, or anything that may be considered harassment of any individual whether or not that individual is an employee of the GDOT.

Telephones: Employees are prohibited from making or charging long-distance telephone calls to the Department, unless such calls are work-related. Personal local telephone calls of infrequent, short duration may be permitted. This privilege may, however, be withdrawn if abused.

Cell Phones: Employees are prohibited from using a state cellular phone for personal calls of any type. This prohibition includes local and long distance calls.

REPORTING FRAUD, WASTE, ABUSE:

Employees are responsible for reporting suspected criminal or administrative misconduct including fraud, waste, and abuse relating to any State program or operation. Negligent use of State property or the destruction of State property is prohibited.

REFERENCE:

Code of Ethics for Government Service, O.C.G.A. 45-10-1
Executive Order dated January 13, 2003
Criminal Proceedings Involving Employees, TOPPS 2255-3
Nepotism, TOPPS 2255-2
Computer Information Systems Policy, TOPPS 8010-2
Preventing Workplace Violence, TOPPS 2255-8
See Standards of Dress, TOPPS 2255-11
Third Party Payment of Travel and Business Expenses, TOPPS 7195-11

Authored by the Office of Personnel, 404-656-5260

Document History:

added to Manual of Guidance: 09/28/82
added to TOPPS: 01/03/96
revised: 04/04/05
reviewed: 06/08/07

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