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ARMY STANDARDS OF CONDUCT OFFICE

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ARMY STANDARDS OF CONDUCT OFFICE

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    1. 9/26/2012 ARMY STANDARDS OF CONDUCT OFFICE Office of The Judge Advocate General 1777 North Kent Street, 10th floor ATTN: DAJA-SC Rosslyn, VA 22209-2194 DSN 425-6713, CIV 588-6713 FAX 425-0122, 588-0122 thomas.serrano@hqda.army.mil Presented By: MAJ Thomas R. Serrano

    2. 9/26/2012 CONFLICTS OF INTEREST

    3. 9/26/2012 “Fair and Impartial” Our Ethics Foundation The Public expects their government to be fair and impartial. We cannot have conflicts of interest and still be impartial. Avoiding conflicts--and improper influence--is our ethics foundation.

    4. 9/26/2012 18 U.S.C. 208 - The Conflict Statute (a criminal statute!) May not participate personally and substantially through decision, approval, recommendation, advice, investigation or otherwise-- In a judicial proceeding, application, ruling, determination, contract, claim, controversy, charge or other particular matter-- In which you , your spouse, minor child, partner, organization in which you are an officer or employee, or company with whom you are negotiating for employment--- Has a financial interest.

    5. 9/26/2012 Actual Conflict of Interest May not participate Personally & substantially In a particular matter Direct & predictable effect On employee’s financial interest

    6. 9/26/2012 Translation of the Legalese The official actions covered are anything where you have hands-on involvement. Actions affecting any non- Federal interest are covered. You are accountable for the interests of yourself, your family and outside organizations in which you have a leadership role.

    7. 9/26/2012 Imputed Financial Interests Spouse & Minor Children General Partner NFE Where Officer, Director

    8. 9/26/2012

    9. 9/26/2012 Disqualification is automatic! Reassignment Change of duties Divestiture Certificate of Divestiture Waivers

    10. 9/26/2012 Appearance of Conflict (5 C.F.R. 2635.502) Would a “reasonable person in posses- sion of the relevant facts” see anything wrong? This rule covers any appearance of impropriety, and specifically covers-- Conflicts with the interests of someone with whom you have a “covered relationship.” “I must say, this looks really bad!”

    11. 9/26/2012 KEY CONCEPT “Reasonable person in possession of the relevant facts” Impartiality is judged on all of the relevant facts. This is not a “Jack Anderson” or “Washington Post” test. The “reasonable person” is your supervisor, and he or she is the one who weighs the facts.

    12. 9/26/2012 “Covered Relationships” Non-employment business relationships. Relatives (not otherwise covered by 18 U.S.C. 208). Organizations in which you were an officer, employee or consultant during the last year, or-- Where your relatives are officers, and-- Organizations in which you are active.

    13. 9/26/2012

    14. 9/26/2012 How to resolve? Same as for actual conflicts, except Individual waiver does not involve OGE No regulatory waivers

    15. 9/26/2012 18 U.S.C. 205 - Another Conflict Statute Narrow applicability to SGEs Cannot represent back to the government a covered matter in which you have participated personally and substantially

    16. 9/26/2012 What’s the Bottom Line? Keep a level playing field. Remember our ethics foundation--fair and impartial. Pursue this goal using common sense, and be sensitive to complications. Know your Ethics Counselor. When complications arise, shift the burden and have your Ethics Counselor up to bat.

    17. 9/26/2012

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