Ethics Training Office of the Staff Judge Advocate 304-561-6619 State Ethics Counselor: LTC Kelly Ambrose
Why Ethics Rules? Ensure we perform our mission with public interest in mind. Uphold public s confidence in integrity of Government.
Key Laws and Regulations 14 Principles of Ethical Conduct Standards of Ethical Conduct for Executive Branch Employees 5 C.F.R. Part 2635 The Joint Ethics Regulation (JER), DoD 5500.07-R (Change 7) 18 U.S.C. 203, 205, 207, 208 Also, check local command policy. It can be more restrictive!
Discussion Topics What forms the Ethics Rules and the Code of Ethics 14 Principles Use of Communications Equipment Use of Government Property Use of Official Position Gifts Family Readiness Groups Official and Personal Participation in Private Organizations Seeking Employment Outside the Government Post-Government Employment
Code of Ethics
DO Employees Responsibilities under Executive Order 12674 (as amended): Place loyalty to the Constitution, the laws, and ethical principles above private gain. Act impartially to all groups, persons, and organizations. Give an honest effort in the performance of your duties. Protect and conserve Federal property. Disclose fraud, waste, and abuse, and corruption to appropriate authorities. Fulfill in good faith your obligations as citizens, and pay your Federal, State, and local taxes. Comply with all laws providing equal opportunity to all persons, regardless of their race, color, religion.
Employees Responsibilities under Executive Order 12674 (as amended) (cont): DO NOT Use nonpublic information to benefit yourself or anyone else. Solicit or accept gifts from persons or parties that do business with or seek official action from DOD (unless permitted by an exception). Make unauthorized commitments or promises that bind the government. Use Federal property for unauthorized purposes. Take jobs or hold financial interests that conflict with your government responsibilities. Take actions that appear illegal or unethical.
Use Of Government Communications Equipment
Ethics Principles Public service is a public trust (#1) Duty to protect and conserve Government property (#9) Government resources may only be used for authorized purposes (#9)
Official Use and Authorized Purposes Only Includes the following types of communications equipment: Telephones Fax Machines Computers E-mail Internet
Official Use Communications that are necessary in the interest of Government Emergency communications Morale and welfare communications (extended deployments)
Authorized Use Personal communications from office - Does not adversely affect official duties - Reasonable duration and frequency - Legitimate public interest - Does not reflect adversely on DOD - Does not overburden communications system - Creates no significant additional cost Brief calls home while TDY (transportation and schedule changes)
Cell Phones Official Use Limited Authorized Use Permissible AR 25-13 (25 March 2013) (note: the guidance in this area has changed considerably with the new regulations AR 25-1 and AR 25-13)
E-mail And Internet Official Use Authorized Use - Brief internet searches - E-mailing directions to visiting relatives - Scheduling doctor or home repair appointments Authorized use may not interfere with official duties or undermine readiness May not overburden communications system
NO!!!!! Pornography or obscene material Copyright infringement (such as the sharing of copyright material by means of peer-to-peer software) Gambling Unofficial advertising, soliciting, or selling except on authorized bulletin boards established for such use Chain letters Inappropriately handled classified information
Use Of Other Government Equipment Use other Federal Government equipment and property only for official uses or authorized purposes as approved by your supervisor.
Use Of Official Time Rule: Use official time in an honest effort to perform official duties. Remember: Your time is a Government Resource!
Use Of Personnel Rule: Do not ask subordinates to perform tasks outside their official duties.
GIFTS
Focus on Gifts First, what is a gift? Second, are there any specific items that are not gifts? Third, what are the rules governing the acceptance of gifts from specific sources? Lastly, if you are given a gift that you cannot keep, what are your alternatives?
What is a Gift? A gift is almost anything of monetary value, be it tangible item or a service.
What is NOT a Gift? Modest items of food and refreshments. Prizes in contests open to the public. Greeting cards and items of little intrinsic value. Commercial discounts.
GENERAL RULE An employee shall not solicit or accept, directly or indirectly, a gift from a prohibited source or a gift given because of the employee s official position.
Types of Gifts Gifts from Outside Sources Gifts from Foreign Governments Gifts Between Employees
What is an Outside Source? 1. Prohibited Source Seeking Government action Does business or seeks to do business with the Government Conducts activities regulated by the Government Interests substantially affected by Government agency 2. Because of Official Position
Outside Sources The Method of Analysis: 1. Is it a gift (exclusions)? 2. Is there an exception? 3. Would acceptance of the gift undermine Government integrity?
Outside Sources First Question: Is it a Gift? If it is a gift, are there any exclusions?
Outside Sources Second Question: Do the rules provide an exception permitting acceptance of the gift? Gifts of $20 or less ($50 max for year) Gifts based on personal relationship Discounts and similar benefits Exceptions for Enlisted Personnel E-6 and Below
Outside Sources Third Question: Does Acceptance Undermine Government Integrity?
Gift Disposal Just say NO (Refuse or return the item) Pay for it (fair market value) If Perishable (with Supervisor or EC approval) Give it to charity Share within office Destroy it
Gifts Between Employees General Rule An employee shall not, directly or indirectly: 1. Give a gift to an official superior 2. Donate or solicit donations for a gift for a superior 3. Accept a gift from a lower-paid employee, unless the donor and recipient are personal friends not in an official superior-subordinate relationship.
Gifts for Wounded & Injured Acceptance of Gifts from Non-Federal Sources: Special exception for Soldiers with qualifying injuries to accept gifts of any value Retroactive to September 11, 2001 Must be unsolicited Gifts over $375/$1000 per source per year Require Written Waiver
Family Readiness Groups
Family Readiness Groups Family Readiness Groups (FRGs) are official command sponsored Army programs Primary purposes of FRGs: Disseminate information Ensure personal and family readiness Provide mutual support and assistance Formerly known as Family Support Groups (FSGs)
Official Support of FRGs Appropriated funds are authorized for FRG mission activities Government office space and equipment may be used for FRG mission activities
Fundraising FRGs have limited fundraising authority FRGs may create informal funds Members of FRGs may only fundraise for informal funds among their own members What does this mean?
FRGs & Private Organizations Individuals may establish private organizations (POs) that share goals and objectives of FRGs Remember: These are non-federal entities! These POs may fundraise IAW the Joint Ethics Regulation Remember: These are non-federal entities!
FRGs & Private Organizations (Continued) To prevent conflicts of interest, leaders of these POs should not be FRG leaders Remember: These are non-federal entities! These POs may not receive preferential treatment from the Army Remember: These are non-federal entities!
Personal Participation In Private Organizations
Personal Participation Soldiers and Army civilians may join, participate in, or hold office in POs or NFEs in their personal capacities. Special rules regarding the management of an NFE by general officers or others whose leadership spans an entire installation When participating in POs or NFEs, Soldiers and Army civilians must act exclusively outside the scope of their official positions
Personal Participation Soldiers and Army civilians may not use official titles/positions/organization names in connection with private organization or NFE activities Exception: A Soldier may use his/her grade and military department as part of his/her name (e.g., Major Smith, U.S. Army). But, cannot use title or position to induce or coerce others to join
No Membership Or Position If Offered Due To Official Position Membership or position in a PO may not be accepted if it was offered because of an employee s official position
No Solicitation Army personnel may not solicit subordinates or prohibited sources (e.g. contractors) in PO fundraising campaigns or membership drives Army personnel may not permit the use of their names in a PO solicitation that targets subordinates or prohibited sources
Conflicts Of Interest Prohibited An employee who is an officer, director, or employee of a private organization may not participate in official DOD matters involving the organization. Employees may not represent a private organization to the Government. Exception: uncompensated representation for certain nonprofit professional, recreational, and similar organizations.
Official Endorsements Endorsement of a private organization event, product, service may not be stated or implied by Soldiers or DA civilians in their official capacities.
Exceptions to Endorsements Exceptions: CFC AER Disaster Appeals approved by OPM, and Organizations consisting of Army/DoD employees/dependents when conducting internal fundraising for informal funds when approved by the Commander
Specific Issues: The NO List No Violation of Sexual Assault/Sexual Harassment Policies! No Unauthorized Use of Alcoholic Beverages while on Govt. Premises or in a Duty Status No Drinking and Driving! No Pornography on Government Computers No Nude or Explicit Photographs on Government Phones or Computers No Privately Owned Weapons on TAG Property without an Authorized Exception
You are strongly encouraged to consult your ethics counselor well before you separate from the Government about the post- Government service restrictions that apply to your specific situation.
Conclusion The rules set a minimum standard of conduct The question you should be asking is, even if legal, is my proposed action the right thing to do? Ask whether your actions: Are in the best interest of DoD; Serve to enhance public confidence in DoD programs and operations; or Will cause the public to question your integrity or impartiality.
Conclusion (continued) Play it safe ask your ethics counselor BEFORE taking any action LTC Kelly Ambrose 304-561-6619/6323 kelly.d.ambrose.mil@mail.mil www.hqda.army.mil/ogc/eandf.htm www.jagcnet.army.mil Office of Army General Counsel (Ethics & Fiscal) Army Standards of Conduct Office
Questions???