ethics – dos and don’ts mary garcia melissa miller dennis mcguire office of regional counsel
TRANSCRIPT
Ethics – Dos and Don’ts
Mary GarciaMelissa MillerDennis McGuire
Office of Regional Counsel
Ethics – Do’s and Don’ts
Federal Employees hold the public trust.Two core concepts - -
Employees shall not use public office for private gain, and
Employees shall act impartially and not give preferential treatment to any private organization or individual.
Also can’t create the appearance of a violation of the ethics rules.
(5 CFR 2635.101)
Ethics – Do’s and Don’ts
Illegal Supplementation of SalaryExecutive branch employees may not be
paid by someone other than the United States for doing their Government job. Example - Non-VA Salary or other payments for services from private or for-profit entities, i.e. consulting fees or honoraria, for VA work they have done.
(18 U.S.C. § 209)
Ethics – Do’s and Don’ts
Illegal Supplementation of SalaryThis prohibition does not apply to --o Funds contributed out of the treasury
of any State, county, or municipality o Payments for travel, subsistence and
other expenses made to an employee by a tax-exempt nonprofit organization incurred in connection with training (must have prior approval per 5 CRF 410.502 ).
Ethics – Do’s and Don’ts
GiftsGenerally, employees can’t accept gifts that are given
because of their official positions or that come from certain interested sources ("prohibited sources")
Prohibited sources include persons (or an organization made up of such persons) who --
• are seeking official action by, are doing business or seeking to do business with, or are regulated by the employee's agency, or
• have interests that may be substantially affected by performance or nonperformance of the employee's official duties.
An employee can never solicit or coerce the offering of a gift.
(5 CFR 2635.201-205)
Ethics – Do’s and Don’ts
GiftsExceptions to accepting gifts:o $20/$50 rule.o Gifts based on a personal relationship.o Discounts and similar benefits.o Awards and honorary degrees.o Gifts based on outside business or
employment relationships.o Widely attended gatherings and other events
— Speaking and similar engagements; Widely attended gatherings. Determination of agency interest.
Ethics – Do’s and Don’ts
GiftsAn employee may not use exceptions
to accept gifts on such a frequent basis that a reasonable person would believe that the employee was using public office for private gain.
Ethics – Do’s and Don’ts
Teaching, Speaking & Writing o An employee generally may accept
honoraria; howevero An employee may not receive compensation
-- including travel expenses for transportation and lodging -- from any source other than the Government for teaching, speaking or writing that relates to the employee's official duties.
(5 CFR 2635.807)
Ethics – Do’s and Don’tsTeaching, Speaking & Writing“Related to official duties" means --o The activity is part of the employee's official duties;o The invitation to teach, speak, or write is extended
primarily because of the employee's official position;
o The invitation or the offer of compensation is extended by a person whose interests may be affected substantially by the employee's performance of his official duties;
o The activity draws substantially on nonpublic information; or
o The subject of the activity deals in significant part with agency programs, operations or policies or with the employee's current or recent assignments
Ethics – Do’s and Don’ts
Teaching, Speaking & Writingo However, an exception permits an employee
to be paid for teaching a course at an accredited educational institution, even where the subject does relate to his official duties.
o Employees may not use their official title or position (except as part of a biography or for identification as the author of an article with an appropriate disclaimer) to promote a book, seminar, course, program or similar undertaking.
Ethics – Do’s and Don’ts
Official Ethics Opinions The Regional Counsel is the designated
ethics official for the Region. The Regional Counsel assigns designated
ethics attorneys. Request official ethics opinions from the
Office of Regional Counsel.
Ethics – Do’s and Don’ts
Official Ethics Opinions (cont) An “official” written opinion. Provides protection from criminal
prosecution and adverse administrative actions if follow the official ethics advice.
Must provide the ethics attorney with all the facts when requesting the opinion.
Cincinnati – Mary Garcia. Dayton and Cinci backup – Melissa Miller.
Ethics – Do’s and Don’ts
Points of contact
Cincinnati Mary Garcia – 531-475-6879
DaytonMelissa Miller – 937-267-5370Dennis McGuire – 937-267-7625