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The following data is taken
from the Freedom Of Information Act
As published Oct. 26, 1999
Department of Justice Files
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- Fourteen Principles of Ethical Conduct for Federal Employees (1) Public
service is a public trust, requiring employees to place loyalty to the
Constitution, the laws and ethical principles above private gain. (2)
Employees shall not hold financial interests that conflict with the
conscientious performance of duty. (3)
Employees shall not engage in financial transactions using nonpublic
Government information or allow the improper use of such information to
further any private interest. (4) An employee
shall not, except as permitted by the Standards of Ethical Conduct, solicit
or accept any gift or other item of monetary value from any person or entity
seeking official action from, doing business with, or conducting activities
regulated by the employee's agency, or whose interests may be substantially
affected by the performance or nonperformance of the employee's duties.
(5) Employees shall put forth honest effort in the
performance of their duties. (6) Employees shall not knowingly make
unauthorized commitments or promises of any kind purporting to bind the
Government. (7) Employees shall not use public office
for private gain. (8) Employees shall act
impartially and not give preferential treatment to any private organization
or individual. (9) Employees shall protect and conserve Federal
property and shall not use it for other than authorized activities. (10)
Employees shall not engage in outside employment or activities, including
seeking or negotiating for employment, that conflict with official
Government duties and responsibilities. (11) Employees shall disclose
waste, fraud, abuse, and corruption to appropriate authorities. (12)
Employees shall satisfy in good faith their obligations as citizens,
including all financial obligations, especially those -- such as Federal,
State, or local taxes -- that are imposed by law. (13) Employees shall
adhere to all laws and regulations that provide equal opportunity for all
Americans regardless of race, color, religion, sex, national origin, age, or
handicap. (14) Employees shall endeavor to avoid any
actions creating the appearance that they are violating the law or the
ethical standards set forth in the Standards of Ethical Conduct. Whether
particular circumstances create an appearance that the law or these
standards have been violated shall be determined from the perspective of a
reasonable person with knowledge of the relevant facts.
To keep this page relatively short, I have deleted some
examples below that do not fit this circumstance.
*Pete's
work at the Food and Drug Administration requires him to participate in the
process for review and approval of certain new drugs. His mother has just taken
a senior position with a biomedical research company producing a new drug that
would typically be subject to Pete's review. Pete
is concerned that it might "look bad" if he participates in the review
and approval process for the drug, but after doing some research he determines
that his mother's employment with the research company is not a
"disqualifying financial interest" under 18 U.S.C. § 208(a). Should
Pete disregard his concerns and proceed to review the drug? No. Pete is
right to be concerned. In addition to the financial conflict of interest
situations discussed above, there are a number of situations that raise
"appearance" concerns and, consequently, require employees to take
certain steps to avoid an appearance of the loss of impartiality. Situations
presenting some of the most significant "appearance" concerns arise
when an employee is called upon to participate in a particular matter involving
specific parties and the employee knows that-- The matter is likely to affect
the financial interests of a member of the employee's household; or One or more
of the parties to the matter is or is represented by-- A person or organization
with whom the employee has or seeks a business relationship that involves
something more than a routine consumer purchase; A person who is a member of the
employee's household, or who is a relative with whom the employee has a close
personal relationship; A person or organization for whom the employee's spouse,
parent or dependent child is, to the employee's knowledge, serving or seeking to
serve as an officer, director, trustee, general partner, agent, attorney,
consultant, contractor or employee; Any person or organization for whom the
employee has, within the last year, served as officer, director, trustee,
general partner, agent, attorney, consultant, contractor or employee; or An
organization, other than certain political organizations, in which the employee
is an active participant.
- Jenny is employed as a researcher by the Veteran's Administration.
Her cousin and close friend, Zach, works for a pharmaceutical company that
does business with the VA. Jenny's 40th birthday is approaching and Zach and
his wife have invited Jenny and her husband out to dinner to celebrate the
occasion. May Jenny accept? Yes. Gifts are permitted where the circumstances
make it clear that the gift is motivated by a family relationship or
personal friendship rather than the position of the employee. It would be
improper, however, for Jenny to accept the dinner if Zach charged the meal
to his employer because then it would no longer be a gift from Zach.
Exceptions to the rule against acceptance of gifts allow employees to
accept-- Unsolicited gifts with a value of $20 or less; Gifts clearly given
because of a family relationship or personal friendship; Free attendance at
an event on the day an employee is speaking or presenting information on
behalf of the agency; Free attendance at certain widely-attended gatherings;
Certain discounts and similar opportunities and benefits; Certain awards and
honorary degrees; and Certain gifts based on outside business or employment
relationships. You should be aware that there are limitations on the
applicability of some of these exceptions. For
example, use of the widely-attended gathering exception would require an
advance determination by your agency that your attendance is in the interest
of the agency. Also, there are more exceptions than those listed
above. When you are faced with a gift issue, it's a good idea either to get
advice from your agency
official or to look up the relevant
provisions in the regulations. Limits on use of the exceptions Once you've
determined that a gift falls within one of the exceptions to the gift rules,
are you free to accept it? Not necessarily. None of the exceptions may be
used to-- Accept a gift in return for being influenced in the performance of
an official act; Solicit or coerce the offering of a gift; Accept gifts so
frequently as to create an
appearance that you are using public office for private gain; Accept
a gift in violation of any statute. Among the statutes you should know about
are those prohibiting-- Solicitation or receipt of bribes (18 U.S.C. §
201(b)); and Receipt of salary or any contribution to or supplementation of
salary as compensation for Government service from a source other than the
United States (18 U.S.C. § 209). Remember also that just because
you may accept a gift under one of the exceptions to the gift rule doesn't
mean that you must accept the gift.
It
is never wrong, and is often wise, to decline a gift offered by a person or
organization whose interests could be affected by actions of the agency
where you work, or a gift offered because of your official positio
n.
Exercising
your discretion to decline a gift may be particularly smart when a gift is
offered by a person or organization whose interests could be affected by
your official actions. Impartiality
in Performing Public Duties What are situations raising appearance
concerns?
- The following cases are examples of situations raising appearance
concerns: Maria, who works for the General Services Administration, wants to
begin an outside retail business. In her private capacity, she has made an
offer to buy a store owned by a local developer. The developer has pending
with GSA a proposal to provide Federal office space and Maria expects that
she will be called upon to evaluate the bid. Frank inspects manufacturing
establishments for the Occupational Safety and Health Administration. His
brother-in-law and friend, James, has just purchased a plant that Frank is
assigned to inspect. Rebecca recently resigned her position as vice
president of an electronics company in order to join the Federal Aviation
Administration. Her new boss has asked her to participate in the
administration of a contract for which her old company is a first-tier
subcontractor. Jeremy is an attorney at the Agriculture Department as well
as a member of and publicity chairperson for the private organization Stop
the Gypsy Moths. Stop the Gypsy Moths files a law suit against USDA and
Jeremy's boss asks Jeremy for his legal analysis of the case. Resolving
appearance concerns If you are faced with a situation that falls within one
of the above categories, your first step is to decide whether a reasonable
person with knowledge of the relevant facts would question your impartiality
if you participated in the matter. In making this determination you may seek
assistance from your supervisor, your agency
official, or the person
specifically designated by your agency to address appearance problems (the
"agency designee"). Remember that your honesty and integrity are
not relevant considerations in this determination. If you decide that a
reasonable person would not question your impartiality, then you may
participate in the matter, unless the agency designee reaches a different
conclusion. If you or the agency designee decide that your impartiality
would be questioned, then you may not participate unless the designee,
considering all the circumstances, determines that the interest of the
Government in your participation outweighs the concern that a reasonable
person may question the integrity of the agency's programs and operations.
You should be aware that not all appearance problems fall into the above
categories. The steps outlined here also should be followed if you are
concerned that other circumstances may raise a question about your
impartiality. Extraordinary severance payments Appearance considerations may
also require disqualification of an employee who, on departure from his
prior job, received from his former employer an extraordinary payment or
other item worth more than $10,000. Under certain circumstances, such a
payment may bar the employee from participating, for two years, in matters
in which the former employer is a party or represents a party. Seeking Other
Employment Karen serves on a panel at the National Science Foundation that
reviews grant applications to fund research relating to deterioration of the
ozone layer. A representative from X university, which has an application
pending before Karen's panel, calls Karen to ask whether she might be
interested in applying for a faculty position with the university. They
discuss generally the duties of the position and Karen's qualifications to
fill it. Karen indicates she may be interested. May Karen participate in the
review of X university's grant application? Not unless she first obtains a
written waiver under 18 U.S.C. § 208(b). An employee who is seeking
employment may not participate in particular matters that would affect the
financial interest of the prospective employer. Where, as in Karen's case,
the parties are actually engaged in discussions regarding employment, this
prohibition is imposed by a criminal statute, 18 U.S.C. § 208, and
may be avoided only by obtaining a written waiver under section 208(b). As
the example indicates, the prohibition may be triggered even before
negotiation of specific terms and conditions of employment begins. . . .
Karen hears about a job at Y university, which also has a grant application
pending before the panel on which she serves at NSF. She mails her resume to
Y university and is waiting to receive a reply. Would Karen's participation
in review of Y university's grant application present a problem? Yes. Karen
has not engaged in the kind of two-sided negotiation for employment that
would bring her job search within the reach of section 208. Even mailing out
an unsolicited resume, however, if it were sent to an organization that
would be specifically and individually affected by Karen's performance of
her official duties, could cause a reasonable person to question Karen's
impartiality. For this reason, Karen may not participate in the review of Y
university's application unless her participation is authorized in advance
by the person designated by her agency to address such matters. Make it your
business to understand the legal consequences of job-hunting and job
discussions. Consult with your agency
official before you begin your
job search and immediately upon receiving unsolicited offers or inquiries,
if a prospective employer has a financial interest in matters that cross
your desk. Restrictions on Former Employees Permanent ban on certain
activities Five years ago Sam left the Federal Maritime Commission to set up
his own law firm specializing in maritime law. Recently he was asked to
represent a carrier in an appeal to which the Commission is a party. Years
ago, Sam realizes, he handled the same case on behalf of the Commission. May
Sam represent the carrier in the appeal? No. A former employee is forever
barred from representing another person or organization before a Federal
department, agency, or court on certain matters in which the former employee
participated personally and substantially while working for the Government.
The bar is imposed by the criminal "post-employment" statute, 18 U.S.C. § 207, which is intended to prevent employees from "switching
sides." Two-year ban on certain activities Shortly before Mary retired
from her job at the Defense Department last year, an accountant Mary
supervised began an audit focusing on cost overruns under a DOD contract
with an electrical pads supplier. Since Mary retired before the audit was
complete, she never signed or even read the audit report. Now the supplier
wants Mary to represent him in his dealings with DOD on the contract. May
Mary represent the supplier before DOD? No. The post-employment statute
provides that, for two years after terminating Government employment, a
former employee may not represent another person or organization before a
Federal department, agency, or court on certain matters which were pending
under the employee's supervision during the last year of his Government
service. In the example, it does not matter that Mary never read the audit
report. If she knows or should know that the audit was under her official
responsibility, her representation of the supplier could subject her to
criminal penalties. Additional restrictions imposed by statute
The
post-employment statute prohibits all former employees, for a period of one
year after leaving Government service, from engaging in activities related
to certain trade and treaty negotiations.
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