1 / 54

INTRODUCTION BY COL DURRETT

wilkinson
Download Presentation

INTRODUCTION BY COL DURRETT

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

    3. References DoD 5500.7-R, Joint Ethics Regulation (JER) MCO P5800.16A, Marine Corps Manual for Legal Administration (LEGADMINMAN) MCO 3440.7A, Marine Corps Support to Civil Authorities JAGINST 5800.7C, Manual of the Judge Advocate General (JAGMAN)

    4. CivLaw Mission to provide commands aboard MCAS Miramar with legal services in matters involving civilians, civil authorities, and ethics regulations

    5. Overview Civilian Requests to use DoD facilities, personnel, and equipment Solicitation on base “Civil Service Processing” FOIA/PA requests Civil Processing Jury duty Posse Comitatus Ethics regulations

    6. Civilian Requests to use DoD facilities, personnel, and equipment A Commander may provide, if: 1) it doesn’t interfere with official duties or readiness; 2) a legitimate community relations/PA/military training interest is served; 3) DoD association with the event is appropriate; 4) the event benefits the local community or the DoD;

    7. Civilian Requests to use DoD facilities, personnel, and equipment Cont. 5) the command is willing to support similar requests from other entities; 6) other statutes are not violated (e.g., 10 U.S.C. §2012); AND 7) Admission fees do not exceed the reasonable costs of sponsoring the event. **Not authorized for fundraising and membership drive events except charitable fundraising events sponsored by non-CFC entities

    8. Solicitation on base Commercial Solicitors: written request to CG must be licensed must sign solicitation agreements 2 agent maximum Private Home Enterprises in Family Housing: written request to CG must be “in good taste and conducive to the community atmosphere

    9. CIVIL SERVICE PROCESSING COORDINATOR CIVIL LAW CHIEF 577-1458

    10. MISSION STATEMENT CIVIL SERVICE COORDINATOR I AM THE LIASON BETWEEN THE CIVILIAN COMMUNITY AND THE MILITARY ON MATTERS THAT RELATE TO THE CIVIL COMPLAINTS AGAINST MILITARY MEMBERS, THEIR DEPENDENTS, AND CIVILIAN EMPLOYEES OR CONTRACTORS RESIDING AT OR LOCATED ON MCAS MIRMAR THE INTENT OF THE PROVISION IS TO PROTECT AGAINST THE INTERFERENCE WITH MISSION ACCOMPLISHMENT AND TO PRESERVE GOOD ORDER AND DISCIPLINE, WHILE NOT UNNECESSARILY IMPEDING THE COURT’S WORK.

    11. CIVIL SERVICE PROCESS REFERENCES JAGMAN, CHAPTER VI ABO 5800.4A

    12. TYPES OF SERVICE COMPLAINTS AND SUMMONS SUBPOENAS SMALL CLAIMS REPOSSESIONS WARRANTS RESTRAINING ORDERS UNIFORM SUPPORT PETITIONS AND ETC.

    13. WHAT IS YOUR RESPONSIBILITIY ? CONTACT INDIVIDUAL INFORM HIM/HER OF TYPE OF SERVICE AND TIME/PLACE TO APPEAR FOR SERVICE ADVICE THEM OF RIGHTS IN ACCORDANCE WITH PROVIDED GUIDELINES REFER INDIVIDUAL TO LEGAL ASSISTANCE ATTORNEY X1656, AS NEEDED.

    14. WHAT IS YOUR RESPONSIBILITIY ? CONT. ENSURE THAT INDIVIDUAL WILL BE AT JOINT LAW CENTER, AT DESIGNATED TIME CONFIRM SERVICE DATE/TIME WITH CIVIL PROCESS COORDINATOR INDIVIDUAL IS TO REPORT TO CHECK IN THE DEFENSE SECTION, AT THE JOINT LAW CENTER

    15. SERVICE OF PROCESS/SUBPOENAS IF A PROCESS SERVER CALLS OR SHOWS-UP AT THE COMMAND, DIRECT THEM TO THE CIVIL PROCESSING SECTION AT THE JLC. IF THE PROCESS SERVER SERVES SOMEONE AT YOUR COMMAND OR ANYWHERE ON BASE, BESIDES THE JLC, DETAIN THEM AND CALL PMO. THEY WILL BE BARRED FROM THE BASE.

    16. SERVICE OF PROCESS/SUBPOENAS CONT. MARINES MUST ACCEPT “CALIFORNIA” PROCESS -- ALL OTHERS THEY MAY REFUSE (AT THEIR OWN RISK). MARINES CANNOT “DODGE” SERVICE ON BASE. IF WE ARE NOTIFIED THAT THEY ARE BEING SERVED, THEY ARE REQUIRED TO REPORT TO JLC, LEGAL ASSISTANCE.

    17. DO’S AND DON’T DO NOT SEND E-MAIL TO INDIVIDUAL OR SUPERVISORS DO NOT FORGET TO CONFIRM TIME/DATE WITH CIVIL SERVICE PROCESS COORDINATOR RESTRAINING ORDERS SHOULD BE SERVED AS SOON AS THEY ARE RECEIVED.

    18. QUESTIONS CAN YOU TELL ME MORE DETAILS? WHY I AM BEING SERVED? HOW CAN THEY BE DOING THIS TO ME? WHAT ARE MY RIGHTS?

    19. ANSWERS I AM ONLY A LIAISION AND THE PROCESS SERVER IS ONLY A LIASON TO THE COURT. NEITHER OF US HAVE DETAILED INFORMATION ABOUT THE CASE, NOR ARE WE QUALIFIED TO MAKE DECISIONS. SEE LEGAL ASSISTANCE ABOUT YOUR RIGHTS (X1656). **CIVILIANS OR CONTRACTORS DO NOT RATE THIS SERVICE UNLESS THEY ARE A MILITARY DEPENDENT**

    20. FREEDOM OF INFORMATION ACT (FOIA) REFERENCES 5 U.S.C. 552 SECNAVINST 5720.42F JAGMAN, CHAPTER V WWW.OGC.SECNAV.HQ.NAVY.MIL/FOIA/INDEX

    21. FOIA REQUESTS FREEDOM OF INFORMATION ACT (FOIA) GENERALLY PROVIDES THAT ALL PERSONS, INCLUDING CITIZENS AND RESIDENTS OF OTHER COUNTRIES, HAVE A RIGHT OF ACCESS TO FEDERAL AGENCY RECORDS. HOWEVER, AGENCIES MAY WITHHOLD INFORMATION PURSUANT TO NINE EXEMPTIONS AND THREE EXCLUSIONS CONTAINED IN THE STATUTE. THE FOIA APPLIES ONLY TO FEDERAL AGENCIES.

    22. PRIVACY ACT REFERENCES 5 U.S.C. 552a SECNAVINST 5211.5D MCO 5211.2B WWW.OGC.SECNAV.HQ.NAVY.MIL/PRIVACY/INDEX

    23. PRIVACY ACT PRIVACY ACT APPLIES TO DOCUMENTS AND RECORDS IN A “SYSTEM OF RECORDS” MAINTAINED BY AN AGENCY FROM WHICH INFORMATION IS RETRIEVED BY THE PERSON’S NAME OR OTHER “PERSONAL IDENTIFIER,” SUCH AS SOCIAL SECURITY NUMBER.

    24. PRIVACY ACT CONT. THIS ACT BALANCES THE GOVERNMENT’S NEED TO MAINTAIN INFORMATION ABOUT INDIVIDUALS AND THEIR RIGHT TO BE PROTECTED FROM UNWARRANTED INVASIONS OF THEIR PRIVACY BY GOVERNMENT COLLECTION, MAINTENANCE, USE, AND DISCLOSURE OF PERSONAL INFORMATION QUESTIONS???

    25. JURY DUTY REFERENCES: 10 USC § 982 SECNAVINST 5822.2 CALIFORNIA CODE OF CIVIL PROCEDURE § 204

    26. JURY DUTY CONT. Service members are exempt from jury duty when it would “unreasonably interfere with performance of their military duties or adversely affect the readiness of the command to which assigned.” Bottom line: virtually all marines on active duty will be exempt from jury duty. Procedure: forward request for exemption to SJA

    27. MCO 3440.7A MARINE CORPS SUPPORT TO CIVIL AUTHORITIES REFERENCE:

    28. HISTORY Posse Comitatus Act 18 USC § 1385: “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or Air Force as a posse comitatus or otherwise to execute the laws shall be fined not more than $10,000 or imprisoned not more than two years or both.”

    29. The Act Prohibits: Interdiction of vehicles, vessels, or aircraft Search and seizure Arrest, stop and frisk, etc. Use of military personnel for surveillance or as undercover agents

    30. Military Support to Civil Authorities (MSCA) Authorized for “domestic emergencies:” Natural disasters or other catastrophes Civil disturbances Attacks on the U.S. Terrorist acts

    31. When can we provide MSCA? Presidential Declaration “Immediate Response”

    32. IMMEDIATE RESPONSE “Commands are authorized to render assistance to save lives, prevent human suffering, or mitigate property damage when conditions and time do not permit approval from higher headquarters.”

    33. Guidance for Commanders: State and local resources should be applied first Act only when response requirements exceed civil authority capabilities Seek reimbursement Military operations take priority Consider use of SMCR equipment only when active duty assets are not reasonably available

    34. Joint Ethics Regulation DoD 5500.7-R General principals: Public service is a public trust Don’t use public office for private gain Don’t develop any personal interests that conflict with official duties Do act impartially in the performance of official duties Do protect and preserve the property and resources paid for by the taxpayers Do report fraud, waste, abuse, and corruption

    35. Summary Civilian requests to use DoD facilities, personnel, and equipment Solicitation on base FOIA/PA requests Civil processing Jury duty Posse Comitatus Ethics regulations

    36. Internet Sites MCO’s -- http://www.usmc.mil/directiv.nsf/web+orders SECNAVINST’s -- http://neds.nebt.daps.mil/ DoDD’s -- http://web7.whs.osd.mil/ JER -- http://www.ogc.secnav.hq.navy.mil/ogcwww/e/jer.html JAGMAN -- http://www.jag.navy.mil/html/reading-room.htm

    37. Questions?

    38. FUNDRAISING CIVIL LAW OFFICER 577-1437

    39. DEFINITIONS AGENCY DESIGNEE ETHICS COUNSELOR JOINT ETHICS REGS (JER)

    40. AGENCY DESIGNEE FIRST SUPERVISOR OVER THE DOD EMPLOYEE CONCERNED ACTS ONLY AFTER CONSULTING WITH THE ETHIC’S COUNSELOR

    41. ETHIC’S COUNSELOR ATTORNEY PROVIDES ETHIC’S ADVICE TO COMMAND

    42. ETHIC’S COUNSELOR NO ATTORNEY-CLIENT RELATIONSHIP GENERALLY NO DISCIPLINARY ACTION IF EC’S ADVICE FOLLOWED

    43. JOINT ETHICS REGULATIONS DOD 5500.7-R APPLIES TO ALL DOD COMPONENTS PUNISHABLE AS VIOLATION OF A GENERAL ORDER, ARTICLE 92, UCMJ

    44. FUNDRAISING GENERAL RULE: DoD employees shall not officially endorse or appear to endorse membership drives or fundraising for any non-Federal entity.

    45. FUNDRAISING EXCEPTIONS: COMBINED FEDERAL CAMPAIGN OPM EMERGENCY & DISASTER APPEALS ARMY EMERGENCY RELIEF NAVY-MC RELIEF SOCIETY AIR FORCE ASSISTANCE FUND

    46. FUNDRAISING EXCEPTIONS CONT. OTHER ORGANIZATIONS COMPOSED OF DOD EMPLOYEES OR THEIR DEPENDENTS FUNDRAISING AMONG THEIR OWN MEMBERS FOR THE BENEFIT OF WELFARE FUNDS FOR THEIR ORGANIZATION APPROVED BY THE HEAD OF THE COMMAND AFTER CONSULTING ETHICS COUNSELOR

    47. FUNDRAISING PERSONAL PARTICIPATION VOLUNTARY AS INDIVIDUALS IN PERSONAL CAPACITY ACT OUTSIDE THE SCOPE OF THEIR PROFESSIONAL DUTIES

    48. FUNDRAISING CAN NOT USE OFFICIAL TITLES, POSITIONS, OR ORGANIZATION NAMES RATIONALE: TENDS TO SUGGEST OFFICIAL ENDORSEMENT OR PREFERENTIAL TREATMENT BY DOD

    49. FUNDRAISING USE OF FEDERAL RESOURCES FOR NON-FEDERAL ENTITY EVENTS: CAN NOT USE DOD FACILITIES AND EQUIPMENT AS LOGISTICAL SUPPORT FOR FUNDRAISING AND MEMBERSHIP DRIVE EVENTS

    50. FUNDRAISING EXCEPTIONS AUTHORIZED BY HEAD OF DOD COMPONENT NFE IS NOT AFFILIATED WITH CFC OR IF AFFILIATED WITH CFC, OPM HAS NO OBJECTION

    51. FUNDRAISING FUNDRAISING IN THE WORK PLACE: CAN SUPPORT AND ENDORSE FUNDRAISERS FOR SELECTED ORGANIZATIONS COMMAND DESIGNATED AREAS ON THE BASE DEEMED NOT IN THE FEDERAL WORK PLACE

    52. FUNDRAISING DEFINITIONS PERSONAL PARTICIPATION USE OF FEDERAL RESOURCES FUNDRAISING IN THE WORK PLACE

    53. FUNDRAISING QUESTIONS?

More Related