Ethics    

Witness Testimony

Background

From time to time, employees are subpoenaed or asked to provide expert or factual testimony. USDA seeks to assure that its employees are not embroiled in civil matters of no interest to the Government on official time, or in matters of interest to the Government but without its sanction.

Definitions

ADMINISTRATIVE PROCEEDING:
any proceeding pending before any Federal, state, or local agency and undertaken to issue regulations, orders, licenses, permits, or to adjudicate disputes or controversies.

JUDICIAL PROCEEDING:
any case or controversy pending before any Federal, state or local court.

APPEARANCE:
providing testimony or documents which arise out of, or relate to, an employee's official duties. An appearance includes an affidavit, deposition, interrogatory, or other required written submission.

General Rule

No employee may provide expert or factual testimony or produce documents arising out of, or relating to, Federal employment in judicial or administrative proceedings unless authorized by their Agency Administrator with the concurrence of the USDA Chief, General Counsel.

Exclusions

This guide does not apply to appearances as witnesses in judicial or administrative proceedings which are purely personal or do not arise out of or relate to Federal employment. These instances should be handled as personal activities and employees should request leave to honor them.

It also does not apply to subpoenas for agency records, Civil Rights/Equal Employment Opportunity/Program Discrimination Complaints, and work-related testimony to House and Senate Committees.

The following chart identifies the proper office to call in these instances:

For the following:	Then contact:
Agency Records	Information Staff, Freedom of Information and Privacy Acts Office (301) 504-1640 or 1655
Civil Rights/Equal Employment Opportunity/Program Discrimination Complaint	REE Office of Civil Rights (202) 720-6161
Work-related testimony to House and Senate Committees	REE Office of Legislative Affairs (202) 720-4465 (202) 720-3173
Policy	See REE P&P (Directive) 461.06 - Witnesses in Judicial Proceedings, Process in Suits Against the U.S.

Contact

Immediately upon receipt of a subpoena, contact the Branch Chief of the Employee Relations Branch on 301-504-1355.

Any employee expecting personal involvement in civil litigation through testimony or release of official records because of either their inherent expertise or official work, should immediately contact their individual Ethics Advisor.