Local Employment Policy Handbook - ICASS

7. Promotions. In accordance with 3 FAM 7570 and at the sole option of the Government, the
Government may determine to promote the employee. Any such increase in grade or promotion shall
only be made in accordance with the pre-stated maximum grade under this agreement. Any change in job
title, job series, or grade above the maximum pre-established grade shall be implemented by a new
agreement.
8. Employee Responsibilities and Conduct. The employee must comply with certain US Government
laws governing employee conduct, including the Standards of Ethical Conduct for Employees of the
Executive Branch in 5 CFR Part 2635, the conflict of interest laws in Chapter 11 of Title 18 of the United
States Code, the financial disclosure requirements in 5 CFR Part 2634, the Emoluments Clause of the US
Constitution, and 3 FAM 4120 (Employee Responsibilities Abroad). Other conditions of employment are
described in 3 FAM 7220 and the local LE Staff Handbook.
9. Performance ratings shall be prepared in accordance with 3 FAM 7610.
10. Availability of Funds and Government Liability. Pursuant to the requirements of the Anti-Deficiency
Act, 31 U.S.C. 1341; all obligations of the Government under this agreement, other than for salary and
related benefits for the current fiscal year, are hereby made subject to the availability of funds
appropriated by the Congress of the United States of America to make such payments. Therefore, funds
must be certified available for each extension of the current performance period, and for the cost of
promotions, cost of living, or other personnel actions not previously funded in a performance period.
11. Cashiers: If the employee performs cashier work, the employee accepts full responsibility for any loss
to the US Government resulting from the employee’s performance of functions under this agreement,
whether or not such losses are due to the employee’s fault or negligence. In particular, the employee
recognizes and accepts the obligation to reimburse the US Government for any such loss. The employee
recognizes that the US Government may offset amounts for loss against amounts owed by the
Government under the agreement. Administrative relief from liability for losses may be authorized for
physical losses and deficiencies if the employee is found to be free from fault or negligence. The standard
of “reasonable care” is used to determine negligence. The “reasonable care” standard has been stated as
what the reasonably prudent and careful person would have done to take care of his or her own property
of like description under like circumstances. The standard is objective and does not vary with such
factors as the age and experience of the particular accountable officer. The burden to produce affirmative
evidence that the employee was not at fault or negligent rests with the employee, not the US Government.
(Principles of Appropriation Law, Chapter 9 – Liability and Relief of Accountable Officers)
12. Agreement Termination. This agreement may be terminated by either party in writing with thirty
(30) calendar days notice, or by the Government without notice upon the employee’s failure to perform
the services required under this agreement as prescribed in attachment E or in accordance with the terms
and conditions set forth herein.
13. Employee Negligence. Damage to, or loss of, Government property when it is due to the employee’s
negligence may result in the employee being held liable for repair or replacement thereof at the option of
the Government.