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Joint Ethics. Purpose. To understand the origins and scope of the ethic requirements To understand your duties as a DOD employee To become familiar with the gift, travel, and use of government resources rules. Joint Ethics Regulation Overview. JER Background and Scope
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Purpose • To understand the origins and scope of the ethic requirements • To understand your duties as a DOD employee • To become familiar with the gift, travel, and use of government resources rules
Joint Ethics Regulation Overview • JER Background and Scope • JER General Policy and Duties • Key Rules
JER Background • Replaced AFR 30-30 • DOD Directive 5500.7-R (30 Aug.. 93) • No Service Supplementing Regulations • Applies to all DOD employees, regardless of civilian or military grade • 12 Chapters, Punitive Provisions
Ethical Duties • Set a personal example for fellow DOD employees • Perform all official duties to facilitate Fed Government efficiency and economy • Report suspected violations of ethics regulations
Principles of Ethical Conduct • Loyalty to Constitution, laws and ethical principles above private gain • No conflicts of financial interests • No improper use of information to further private interests • Honest effort in performance of duties • No unauthorized commitments or promises
Ethical Conduct (continued) • No use of public office for private gain • Impartial, no preferential treatment • Conserve Federal property • No outside employment/conflicts with official duties • Disclose waste, fraud, and abuse
MORE Ethical Conduct!!! • Do not use rank or position to further private interest • Prohibited from commercial solicitation and sale to • Junior ranking personnel (exception one-time basis for house, vehicle, etc.) • Solicitation for contribution for gifts must be voluntary • Must pay all personal financial obligations in timely manner • Must be careful of accepting gifts from organizations seeking to do business with the Department of Defense
EVEN MORE Ethical Conduct!!! • Can’t conduct any gambling activities on government property. • The use of government facilities, property, or manpower for other than official use is prohibited. • You may not use “Inside information” for personal gain. • Avoid activities of organizations that are incompatible with your government position. • Can’t use your position or rank to endorse a commercial product. • Outside employment, which is incompatible with your government duties is prohibited.
General Policy DOD • Become familiar with all Ethical Provisions • Comply with all provisions • Become familiar with scope and authority for official activities for which YOU are responsible Employees (civilian and military) Shall:
Meet Your Ethics Counselor • Arms Length Attorney
Ethics Counselor’s Role • Ethics counselor -AN ATTORNEY • No attorney-client privilege • Must so advise before any communications • Must report suspected JER violations • Written guidance will help keep you out trouble
Joint Ethics Regulation Key Rules • Gift • Travel • Use of Government Property • Commercial Activities • Fundraising
Gifts From Outside Sources... The General Rule • None from prohibited sources or given because of official position • Prohibited Source: • Does business with the DoD • Seeks to do business with the DoD
Gifts - The Practical Approach • Is Item Actually a Gift? • If exception applies, would acceptance undermine Government Integrity? • Illegal if in exchange for an official action • Other statutes may prohibit • Appearance influence is being “bought”
Gifts Between Employees General Rule • No gifts to official superiors • “official superior” means someone who directs or evaluates an employee • May not accept gift from lesser-paid employee • Unless personal relationship justifies gift and no superior subordinate relationship exists
Gifts Between Employees Exceptions • “Occasional Basis” (Christmas, birthday) • Non-cash gifts of $10 or less • Food in office; hospitality at residence • “Special, Infrequent Occasion” (marriage, retirement) • $10 limit per person; $300 per organization
Bottom Line on Gifts • Regardless of exceptions, may NEVER accept a gift in return for influence or solicit a gift from an outside source • Gifts within exceptions must be truly VOLUNTARY
Official Travel - Air Travel • Required to Fly “Coach” Unless • No other reasonably available accommodations exist • Disabled employees condition necessitates first-class travel • Exceptional security circumstances • All first class travel must be reported to the GSA
Official Travel Use of Premium Class • Only seats provided on required route • No Space available, required route • Disabled • Security purposes or exceptional circumstances • Cheaper for Government • Costs paid by a Non-Federal Source
Incidental Travel Benefits (cont) • On the Spot Upgrades • May accept if available to public • Don’t accept if offered because of rank or official position • Getting Bumped • Voluntarily-Keep benefit • Involuntarily-Benefit belongs to Fed Government
Use of Government Resources Agency designee MAY authorize if: • No adverse affect on duty performance, duration/frequency=reasonable • Pub interest keeping employee at work station • No adverse reflection on US (e.g. porn reading, chain letter, etc…) • No overburdening/no “significant” additional cost
Commercial Activities • No conflicts of interest, or even appearance • No solicitation of junior members • Key exception to “Junior member” prohibition: • One-time sale of non-commercial property
Fundraising • Only Combined Federal Campaign and Air Force Assistance Fund are officially sanctioned • Purely personal, unofficial fundraising may be done subject to limitations
Joint Ethics Regulation Summary • JER Background • JER General Policy and Duties • Do Your Job • Follow the Rules • Key Rules • Gift, Travel, Resource and Fundraising
Conclusion • Take JER DEADLY serious! • Remember it is a PUNITIVE regulation!! • When In Doubt -- See Your Ethics Counselor
“The servants of the Nationare to render their services without any taking of presents…” --Plato