Contents:
These exceptions are exceptions to criminal liability under that section. You should also make sure that the laws and rules specifically applicable to your agency permit you to accept a benefit permitted under the Penal Code. Even if the acceptance of a gift is legally permissible, you should consider whether the gift raises the appearance of impropriety. The following exceptions are most likely to be relevant to state officers or employees. If a lobbyist provides you with food, beverages, entertainment, lodging, or transportation, however, the lobbyist must be present at the event.
You may accept benefits in the form of food, lodging, transportation, or entertainment in any amount if you accept them as a "guest" and report them if there is an applicable reporting requirement. In order for you to accept something as a "guest," the donor must be present. Lobbyists may provide you with transportation and lodging only in connection with a fact-finding trip related to your official duties or in connection with an event, such as a conference, at which you will be providing "more than perfunctory" services in your official capacity.
State officers and agency heads: You must also report on your personal financial statement your acceptance of meals, transportation, or lodging provided in connection with a speech or other services you provided in your official capacity. See above discussion on "Honoraria. You may accept a benefit from a person such as a friend, relative, or business associate with whom you have a relationship independent of your official status if the benefit is given on account of that relationship rather than your official status.
You may accept a payment for which you give legitimate consideration in a capacity other than as a public servant. The use of the term "legitimate consideration" means that the payment you receive must reflect the actual value of the services or goods you provide in exchange for the payment. Ethics Advisory Opinion No. You may accept certain gifts, awards, and mementos from persons required to register as lobbyists.
See discussion of "Gifts Prohibited by the Lobby Statute" below.
The lobby law, chapter of the Government Code, contains restrictions on gifts from a person required to register under that chapter. For the most part, the lobby statute is stricter than the Penal Code.
For instance, you may not accept transportation and lodging in connection with a pleasure trip from a lobbyist. There is, however, one exception to the general rule that the lobby law is stricter than the Penal Code: Under section Because of this exception there are circumstances in which it is permissible for you to accept a gift from a lobbyist that you could not accept from a non-lobbyist.
If you are thinking about relying on this exception, you should ask the Ethics Commission for advice before you do so. The Ethics Commission has issued several opinions in response to questions about the acceptance of gifts by a state agency. Chapter of the Government Code, which regulates lobbying, and chapter 36 of the Penal Code, which regulates gifts to public officers and employees, do not apply to gifts given to a state agency. The statutes applicable to a specific state agency determine whether the agency has authority to accept gifts.
Also, even if an agency has authority to accept gifts, it may do so only in accordance with the provisions of Government Code chapter A gift to a state agency becomes state property, and an officer or employee of the agency cannot be permitted to use it for private purposes. Consequently, acceptance of gifts by a state agency is not a permissible way of acquiring gifts for the personal enjoyment of individual state officers and employees. Gifts to state agencies, even if legally permissible, may raise questions about impropriety. If the donor is subject to agency regulation or oversight, or engages in a business that can be affected by agency action, then it may be that the donor hopes or expects to gain favor with the agency.
What should you do if someone sends you an unsolicited gift that you may not accept? Often public servants would prefer to donate such gifts to charity or to a governmental body, rather than returning them to the donor. A provision of the Penal Code allows such donations in specified circumstances:. A public servant who receives an unsolicited benefit that the public servant is prohibited from accepting under [section Chapter 39 of the Penal Code contains several provisions prohibiting a public servant from using his or her official position in various ways for non-governmental purposes.
As a public servant, you commit an offense if, with intent to obtain a benefit or harm another, you misapply any thing of value belonging to the government that has come into your custody or possession by virtue of your public office or employment. Simply stated, this means that you are to use government property for governmental purposes, not for personal or private purposes.
Frequent Flyer Miles: Penal Code section This means that personal or private use of travel awards accrued on state business is not a crime. The law does not, however, prevent a particular agency from adopting a policy requiring that such travel awards be used for agency purposes. Political Campaigns: See Ethics Advisory Opinion No. Also, chapter of the Government Code prohibits a state agency from using appropriated funds in connection with a political campaign. Further, it prohibits a state officer or employee from using official authority to interfere with or attempt to influence the result of an election.
The Ethics Commission does not have authority to interpret chapter of the Government Code. As a public servant, you may have access to information that has not been made public. Chapter 39 of the Penal Code restricts your use of such information in the following ways:. You may not use the information to acquire or help another person to acquire a pecuniary interest in any property, transaction, or enterprise affected by the information.
You may not speculate or aid another to speculate on the basis of the information.
You may not disclose or use the information with the intent to obtain a benefit or to harm another. Some of the laws under the jurisdiction of the Ethics Commission are relevant to questions about other employment by a state officer or employee. For example, under the bribery law, you may not solicit or accept a "benefit" in exchange for your decision, opinion, recommendation, vote, or other exercise of discretion as a public servant. A salary is a benefit. See generally Ethics Advisory Opinion No. Therefore, the crime of bribery occurs if a state officer accepts other employment in exchange for official action or inaction.
In addition, under the honorarium law a state officer may not accept an honorarium for performing services that he or she would not have been asked to provide but for his or her official status. For information about such laws, consult your general counsel or the Office of the Attorney General. If you are about to leave your position with the state, you should be aware of laws that might restrict your future employment. Chapter of the Government Code contains three "revolving door" provisions. Each provision applies to different groups of former officers and employees of state agencies.
If other law restricts you from representing a person before an agency after you leave your position, that law prevails over the second and third Government Code provisions discussed below. The first revolving door provision will apply to you if you are a former state officer or employee of a state agency. For two years after you cease to be a state officer or employee of an agency, you may not accept employment from a person if you participated on behalf of the state agency in a procurement or contract negotiation involving that person.
The first revolving door provision only applies to a state officer or employee whose service or employment with a state agency ceases on or after September 1, The second revolving door provision will apply to you if you are a former board member or executive director of a regulatory agency. For two years after you cease to be a member of the board, you may not make any communication to or appearance before an officer or employee of the board on behalf of any person with the intent to influence agency action in connection with any matter on which that person seeks official action.
The restriction applies even if the agency initiates the contact and even if you are communicating on your own behalf subject to your due process rights. It does not, however, prevent you from merely providing information to the agency, as long as you are not doing so with the intent to influence agency action on behalf of a person. The third revolving door provision applies to all former board members and executive directors of regulatory agencies. It also applies to former employees who, at the time of leaving the agency, were compensated at or above a certain salary level.
The law applies to a former employee whose compensation at the time of leaving state employment was at or above the level prescribed by the general appropriations act for step 1, salary group A17, of the position classification salary schedule. This revolving door provision prohibits you from representing a person, or getting paid to help a person, regarding a specific matter in which you were either personally involved or that was a matter within your official responsibility while a state officer or employee.
It does not prohibit you from working on the type of matters you worked on at the agency. This restriction lasts forever. The statutes do not restrict former state officers or employees from representing or providing services on behalf of nonprofit or governmental entities. Violation of either of the second or third revolving door provisions is a Class A misdemeanor.
The Texas Ethics Commission may assess a civil penalty for a violation of any of the three revolving door laws. Board members and executive directors of most state agencies are required to file a personal financial statement with the commission on or before April 30 each year if they served at any time beginning on January 1 and continuing through April 30 of that year.
If your term as a board member is ending or if you plan to resign from a board, you should be aware of the "holdover" provision of the Texas Constitution. Under this provision, a state officer "holds over" in office until replaced. A person who no longer attends meetings may nonetheless "holdover" as a board member. Thus, if you resign or your term expires before January 1 of a given year, you will still be required to file a financial statement for that year if your successor was not appointed before January 1.
However, if you are an appointed officer, as defined by section Employees, officers and directors must use the Company's assets and services solely for legitimate business purposes of the Company and not for any personal benefit or the personal benefit of anyone else. Employees, officers and directors must advance the Company's legitimate interests when the opportunity to do so arises.
You must not take for yourself personal opportunities that are discovered through your position with the Company or the use of property or information of the Company. In addition to the provisions of this Code and other Thermo Fisher policies, employees working with the U. Making or receiving payments in the form of bribes, kickbacks or payoffs to or from government officials, customers, suppliers or others with whom the Company does business is strictly prohibited.
Any such payments are improper, whether made or received directly or indirectly. In addition, any arrangements, which aid or abet another party in making or receiving such a payment, are improper. Improper payments need not be in the form of money. They may include nonmonetary gifts or the provision of services. Employees should become familiar with Thermo Fisher's policies, including the Government Contracts Policy, which provide additional expectations in this area and contact a member of the Company's Legal Department with any questions.
These policies are available on iConnect https: Exports and imports are a significant part of the operations of Thermo Fisher. Failure to comply may subject Thermo Fisher and its employees to penalties, fines, imprisonment, and loss of export privileges, as well as adverse publicity. Export control laws apply to more than simply shipping products and spare parts to different countries. They also apply to technology and information communicated to people in or from other countries, or who represent organizations located in certain countries.
Thus, an export may occur not only when items are shipped or carried to another country, but also via a telephone conversation, fax, or email, or during a sales or technical presentation, a facility visit, or any other access to technology by a citizen of another country including our own employees. Under these laws, companies may not enter into agreements with other companies, however informally, that unreasonably restrict competition. Some examples of prohibited agreements include: Accordingly, employees are expected to be sensitive to the possibility of legal concerns under competition laws which are more fully described in Thermo Fisher's Antitrust Policy and direct any questions or concerns to either your supervisor or a member of the Company's Legal Department.
The safety and health of employees and the public are of prime importance to Thermo Fisher. Safety rules and work practices are developed to help preserve the safety and health of employees and the public and to comply with applicable regulations. All employees are expected to know the safety rules pertaining to their job assignments, and to comply with these rules in the performance of their jobs. Thermo Fisher does not tolerate any conduct by employees that jeopardizes the safety of the workplace, other employees, or the public.
Subject to applicable law, employees convicted of any crime involving drugs, fraud, dishonesty, violence or sexual related offenses must notify the Company within five days of conviction. The Company does not tolerate any employees, officers or directors becoming impaired by alcohol either before or during any work-related activity. Any person who the Company has a good faith basis to suspect is violating this policy may be subject to medical testing, including blood alcohol testing, to the extent permitted by applicable law.
Violation of this policy or refusal to cooperate with testing under this policy will result in discipline, up to and including immediate termination. The Company will not tolerate the use of illegal drugs or other mind-altering substances by any person. Subject to applicable law, persons may be required to submit to drug screens, blood tests, and other medical examinations as a condition of employment, on a random basis following any accident, or at any time in the event the Company has a good faith basis to suspect a possible violation of this policy or a reasonable interest in conducting such test for the safety of its employees.
The presence of any illegal drug or other mind-altering substance in the body is a violation of this policy. Refusal of an employee to undergo testing or to cooperate fully with any of these tests is also a violation of this policy. Persons are also prohibited from possessing, using, selling or purchasing illegal drugs or other mind-altering substances on Company property, in Company vehicles and on Company business.
Globethics Academy: get your FREE coupon now! coupon you can find in our latest newsletter in the "Do you have a Coupon Code?" section. Ethical Superstore is a great place to purchase Fair trade, Organic and Eco-friendly shopping. Today's Ethical Superstore Top Offers: Get the top deals from s of retailers, including Ethical Superstore, in the Best of RetailMeNot emails.
This policy does not prohibit the proper use of medication under the direction of a physician or the use of over the counter medication in accordance with directions for its use and for legitimate medical purposes. However, the misuse or abuse of such drugs on Company property, in Company vehicles and on Company business is prohibited.
If the Company is unable to provide the person a reasonable accommodation, the employee will not be permitted to work while using the drug. The Company will not tolerate any level of violence in the workplace or in any work-related setting. The Company is committed to maintaining a work environment that is free of harassment based on race, color, gender, religion, age, national or ethnic origin, disability, sexual orientation or other classification protected by applicable law. Any such harassment of our employees, applicants or customers by other employees, customers, suppliers or others conducting business with the Company, regardless of whether the harassment occurs directly or indirectly, is prohibited by this policy, whether or not it also violates applicable law.
It is Thermo Fisher's policy to afford equal opportunity for employment to all individuals of any race, color, religion, sex, national or ethnic origin, sexual orientation, disabled veteran or veteran of Vietnam era status, and age with due regard to their relative qualifications and abilities. Thermo Fisher's Equal Employment Opportunity Policy applies to recruitment, hiring, promotion, demotion, transfer, discipline, layoff, termination, rates of pay, selection for training, and every other type of pre- and post-employment personnel activity.
Thermo Fisher is committed to satisfying all environmental regulatory compliance requirements. Employees are expected to comply with environmental regulations and maintain Thermo Fisher's standards of full compliance with the law. Subject to applicable law, the Company has the right to inspect employees, their personal possessions and property, personal vehicles parked on Company property and work areas.
This includes lockers, desks, file cabinets, workstations, computers, personal mail sent to the Company, voice mail and e-mail. Such searches may be conducted any time, without advance notice. If deemed necessary by management and a member of the Legal Department and subject to applicable law, employees themselves may be asked to submit to a search.
At no time will any employee be searched by, or in the presence of, a member of the opposite sex. If an employee does not consent to an inspection, the Company may take disciplinary action, up to and including termination. In addition, subject to applicable law, the Company reserves the right to request visitors to agree to an inspection of their person, personal possessions and property while on Company premises.
In order to effectively evaluate performance and ensure consistency in the message to existing and prospective customers, random call monitoring may be part of the ongoing performance review process for persons in customer contact departments such as Customer Service, Direct Sales and Telemarketing. Call monitoring affords supervisors the opportunity to provide immediate, specific performance feedback, as well as assist with the coaching and development of employees.
Any information will be used for internal purposes only. Any call monitoring will be conducted in accordance with all applicable laws. Subject to applicable law, the Company reserves the right to engage in surveillance of employees and Company premises. It is a violation of this Code and the laws of most states for a person to use any electronic, mechanical or other device to intercept or record the contents of any telegraphic, telephonic, facsimile, modem-transmitted electronic mail or other electronic communication unless one or in certain jurisdictions all of the parties to the communication consent to the interception.
Considering the complexity of this Code, and the determination of the Company's management and Board of Directors to comply with both the letter and spirit of all applicable laws and regulations, it is recognized that questions of interpretation will arise.
All questions relating to this Code are to be addressed to your supervisor who shall consult with members of management or the Company's Legal Department, as appropriate.
While some of the regulations contained in this Code must be strictly adhered to and no exceptions can be allowed, in rare cases exceptions may be possible. Any employee who believes that an exception to any of these policies is appropriate and in the Company's best interest in his or her case should first contact his or her supervisor. If the supervisor agrees that an exception is appropriate, the approval of a member of the Company's Legal Department must be obtained. Any officer or director who seeks an exception to any of these policies should contact the Company's General Counsel. Any waiver of this Code for officers or directors or any change to this Code that applies to officers or directors may be made only by the Board of Directors of the Company and will be disclosed as required by law or stock exchange regulation.
Is there a need to review all international transactions for export compliance issues? Review of all international transactions is required to ensure compliance. Keep in mind that Thermo Fisher is a U. Thus, if you sell products internationally, process or ship international orders, or communicate sensitive information, you should become familiar with Thermo Fisher's Export Controls Policy and applicable export regulations.
No, gifts and gratuities to government officials are prohibited unless expressly authorized by a member of the Company's Legal Department. Examples of prohibited gifts to public officials include meals, golf outings and tickets to events.
What should you do if someone sends you an unsolicited gift that you may not accept? What teachers are saying about Study. Lesson Plans International Marketplace: Explore over 4, video courses. Review of all international transactions is required to ensure compliance.
Environmental protection laws are complex, so how do I know when to be concerned about a particular situation? The laws are complex, but you do not need to understand every detail before you report an environmental concern. In general, all materials should be properly labeled, used, sorted and transported, and waste substances must be recycled or disposed of properly.
If you use specific materials on your job, you should understand their properties and hazards and wear appropriate safety gear when the duties require you to do so. If you are unsure, ask your supervisor. Among employees, what are some examples of conduct is considered "out of bounds"? Thermo Fisher is committed to compliance with the laws that affect the conduct of our business and to the highest standards of business ethics and integrity.
In order to help ensure compliance with the law and Company policies, including its Code of Business Conduct and Ethics, Thermo Fisher has instituted a "hot-line" for all Thermo Fisher employees to use to report conduct that might involve illegality or other violations of the Thermo Fisher Policies and Procedures.
This policy applies to all of Thermo Fisher's worldwide employees, where applicable. If an employee observes or suspects a violation of a law or regulation or other elements of the Thermo Fisher Policies and Procedures, the employee should contact the Ethics Hotline. The Ethics Hotline may be reached any time by telephone toll-free in the United States at For employees located outside of the U. If you prefer to contact the Ethics Hotline in writing, the address is:. Thermo Fisher Scientific Inc. All calls will be documented, and then the subject will be referred to appropriate reviewing personnel, who will determine whether an investigation is required.
Callers may remain anonymous. Those persons who identify themselves and request confidentially will be treated confidentially to the extent it is legally permissible to do so. Callers should contact the Ethics Hotline even if they do not have all of the facts or if they are unsure if there is a problem. The Ethics Hotline staff, in conjunction with the Thermo Fisher Legal Department, will look into the information provided, attempt to verify it, and take appropriate action.
All concerns and complaints about accounting or auditing matters will also be forwarded to the Audit Committee of the Board of Directors. The Audit Committee will evaluate the merits of the concern or complaint and authorize such follow up actions, if any, as it deems necessary or appropriate to address the substance of the concern or complaint. I further confirm that I have complied with the policies described in the Code of Business Conduct and Ethics and will do so in the future. Price Change - 0. Volume 1,, Intraday High Intraday Low Today's Open Previous Close Our mission is to enable our customers to make the world healthier, cleaner and safer.