OFFICE OF THE STAFF JUDGE ADVOCATE

STANDARDS OF CONDUCT

Captain Greg WeissChief, Administrative Law

Telephone: 242-6402

OFFICE OF THE STAFF JUDGE ADVOCATE

AGENDA

• Conflicts of Interest

• Gifts

• Use of Government Resources

• Summary

OFFICE OF THE STAFF JUDGE ADVOCATE

CONFLICTS OF INTEREST

“An employee is prohibited by criminal statute, 18 U.S.C. 208(a), from participating personally and substantially in an official capacity in any particular matter in which, to his knowledge, he or any person whose interests are imputed to him under this statute has a financial interest, if the particular matter will have a direct and predictable effect on that interest.”18 U.S.C. §208; 5 C.F.R. Part 2635, Subparts D&F

OFFICE OF THE STAFF JUDGE ADVOCATE

CONFLICTS OF INTEREST

• Personal Financial Interests– Includes Spouse, Minor Child, General Partner, or

Organization In Which Serving as Director, Officer, Employee, etc.

– Job Hunting and Post-government Employment

– Stock Ownership (More Than $5,000)

OFFICE OF THE STAFF JUDGE ADVOCATE

CONFLICTS OF INTEREST Appearance of Impartiality

“Where an employee knows that a particular matter involving specific parties is likely to have a direct and predictable effect on the financial interest of a member of his household, or knows that a person with whom he has a covered relationship is or represents a party to such matter, and where the employee determines that the circumstances would cause a reasonable person with knowledge of the relevant facts toquestion his impartiality in the matter,

the employee should not participate in the matter unless he has informed the

agency designee of the appearanceproblem and received authorization fromthe agency designee . . .”

5 C.F.R. Part 2635, Subpart E

OFFICE OF THE STAFF JUDGE ADVOCATE

CONFLICTS OF INTEREST JOB HUNTING /

POST-GOVERNMENT EMPLOYMENT

• Seeking Employment With a Contractor– Substantial Work

– Matter Affecting the Contractor

• Post-government Employment Restrictions– Matters Worked on “Personally and Substantially”

While Government Employee

OFFICE OF THE STAFF JUDGE ADVOCATE

GIFTS

• Shall Not Solicit or Accept a Gift (Directly or Indirectly)

– From a Prohibited Source; or

– Because of One’s Official Position

• Gift Includes:– Services, Training, Transportation, Local Travel, Lodging

and Meals

• Prohibited Source– Anyone Seeking Official Action by the Agency

– Does Business or Seeks to Do Business W/ Agency

– Conducts Activities Regulated by Agency

– Has Interests Substantially Affected by Agency Decision

OFFICE OF THE STAFF JUDGE ADVOCATE

GIFTS

What Is Not a Gift:

• Value Less Than $20

• Based on Personal Relationships

• Political Organizations

• “Doughnut Rule”

• Cards

• General Availability

• Value Paid

OFFICE OF THE STAFF JUDGE ADVOCATE

GIFTS

Gifts That Cannot Be Accepted:

• Return or Pay Value

• If Perishable, May:

– Give to Charity, or

– Share, or

– Destroy

• Intangible Gifts

– May Pay the Fair Market Value

• Foreign Government or Organizations Gifts

OFFICE OF THE STAFF JUDGE ADVOCATE

GIFTS BETWEEN EMPLOYEES

• Subordinate to a Superior

• Special Infrequent Occasions– $300 Per Donating Group

OFFICE OF THE STAFF JUDGE ADVOCATE

GIFTSFREQUENT TRAVELER MILES

• New DA Travel Policy (11 JANUARY 2002):– Soldiers on official travel can keep promotional

benefits

– Restrictions:

• Traveling in premium classes in uniform

• Advertising position or rank

• City-Pairs

– Frequent Traveler Benefits:

• Points or miles

• Upgrades

• Access to carrier clubs or facilities

OFFICE OF THE STAFF JUDGE ADVOCATE

• Equipment

• Communications

• Time

• Personnel

• Vehicles

• Government Position

GOV

USING GOVERNMENT RESOURCES

OFFICE OF THE STAFF JUDGE ADVOCATE

“Employees shall protect and conserve Federal property and shall not use it for other than authorized purposes”

5 CFR 2635.101(b)(9)

USING GOVERNMENT RESOURCES

OFFICE OF THE STAFF JUDGE ADVOCATE

USING GOVERNMENT RESOURCES

WHAT IS AUTHORIZED?WHAT IS AUTHORIZED?

Unrelated to Mission(no permission)

Supportive of Mission(with supervisor’s permission)

Directly Related to Mission

No

Ca

utio

nY

es

OFFICE OF THE STAFF JUDGE ADVOCATE

Rule: Government resources are for the benefit of the Government.

Exception: Government may benefit by allowing employees to use Government resources:-Efficiency-Morale-Public Confidence

USING GOVERNMENT RESOURCES

OFFICE OF THE STAFF JUDGE ADVOCATE

OFFICIAL USE: Accomplish mission

PERSONAL USE:

- No adverse affect official duties- Reasonable duration and frequency- Personal time- Legitimate public interest- No adverse reflection on DoD- No significant additional cost to DoD- AUTHORIZED BY SUPERVISORAUTHORIZED BY SUPERVISOR

Equipment (Computers, Copiers, Printers)

OFFICE OF THE STAFF JUDGE ADVOCATE

OFFICIAL USE: Accomplish mission

PERSONAL USE:

- May not create significant additional cost to DoD- Must serve legitimate public interest

CONCLUSION: Rarely appropriate

SUPPLIES(Paper, Pens, Paper Clips, Etc.)

OFFICE OF THE STAFF JUDGE ADVOCATE

1. May I use the office copier to make myself a personal copy of my daughter’s report card to send to her grandparents?

2. May I use the copier to reproduce 75 color copies of my daughter's graduation picture?

3. May I use the copier to reproduce 200 copies of the President's address to my daughter’s graduating class?

4. May I use the office fax to receive a 40 page personal fax during working hours?

POP QUIZ...

OFFICE OF THE STAFF JUDGE ADVOCATE

OFFICE OF THE STAFF JUDGE ADVOCATE

(Not at Government Expense)(Not at Government Expense)Limited Personal Use:Limited Personal Use:- No adverse effect on official duties- Reasonable duration and frequency- Serve legitimate public interest- No adverse reflection on Government- Do not overburden communications- No significant additional cost to DoD

GOVERNMENT COMMUNICATION SYSTEMS

OFFICE OF THE STAFF JUDGE ADVOCATE

Privacy:

Any official or personal use may be monitored by the Government:

- E-mail - Internet searches/ use

USING GOVERNMENT SYSTEMS

OFFICE OF THE STAFF JUDGE ADVOCATE

You may use Government communications systems to:You may use Government communications systems to:

1. Send Faxes to advertise sale of your car?

2. Do a 12-minute lunchtime internet search about Gator Football?

3. Make off-duty toll-free long-distance call for honeymoon reservations?

4. Use DSN to call your friend at a DoD installation in Hawaii?

Pop Quiz - True/False

OFFICE OF THE STAFF JUDGE ADVOCATE

GOVERNMENT TIME

OFFICE OF THE STAFF JUDGE ADVOCATE

Supervisors may permit:

Excused absences: (for a reasonable length of time)- Non-profit professional associations

a. Related to employee’s dutiesb. DoD derives some benefit, andc. Participation does not interfere with official duties

- Volunteering

GOVERNMENT TIME

OFFICE OF THE STAFF JUDGE ADVOCATE

SUMMARY• Be Honest - Don’t Act on Anything That May

Impact Your Own or a Family Member’s Financial Interest.

• Use Common Sense - Don’t Do Anything That Will Appear Unethical.

• Don’t Accept Gifts From Strangers or Prohibited Sources Exceeding $20 Each or $50 Combined Annually.

• Subordinates Should Not Give Gifts Exceeding $10 to Superiors Unless for a Special Occasion.

• Use Government Resources for Official Purposes Only

• Questions? Call Your Ethics Counselor.

OFFICE OF THE STAFF JUDGE ADVOCATE

STANDARDS OF CONDUCT

Captain Greg WeissChief, Administrative Law

Telephone: 242-6402