Joint Ethics. 2 Purpose To understand the origins and scope of the ethic requirements To understand...

Joint EthicsJoint Ethics

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PurposePurpose

To understand the origins and scope of To understand the origins and scope of the ethic requirements the ethic requirements

To understand your duties as a DOD To understand your duties as a DOD employeeemployee

To become familiar with the gift, travel, To become familiar with the gift, travel, and use of government resources rulesand use of government resources rules

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Joint Ethics Regulation Joint Ethics Regulation OverviewOverview

JER Background and ScopeJER Background and Scope JER General Policy and DutiesJER General Policy and Duties Key Rules Key Rules

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JER BackgroundJER Background

Replaced AFR 30-30Replaced AFR 30-30 DOD Directive 5500.7-R (30 Aug.. 93)DOD Directive 5500.7-R (30 Aug.. 93) No Service Supplementing RegulationsNo Service Supplementing Regulations Applies to all DOD employees, regardless of Applies to all DOD employees, regardless of

civilian or military gradecivilian or military grade 12 Chapters, Punitive Provisions12 Chapters, Punitive Provisions

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EthicsEthics

Accountability Accountability

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IntegrityIntegrity

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Ethical DutiesEthical Duties

Set a personal example for fellow DOD Set a personal example for fellow DOD employeesemployees

Perform all official duties to facilitate Fed Perform all official duties to facilitate Fed Government efficiency and economyGovernment efficiency and economy

Report suspected violations of ethics Report suspected violations of ethics regulations regulations

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Principles of EthicalPrinciples of EthicalConduct Conduct

Loyalty to Constitution, laws and ethical Loyalty to Constitution, laws and ethical principles above private gainprinciples above private gain

No conflicts of financial interestsNo conflicts of financial interests No improper use of information to further No improper use of information to further

private interestsprivate interests Honest effort in performance of dutiesHonest effort in performance of duties No unauthorized commitments or promises No unauthorized commitments or promises

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Ethical Conduct Ethical Conduct (continued) (continued)

No use of public office for private gainNo use of public office for private gain Impartial, no preferential treatmentImpartial, no preferential treatment Conserve Federal propertyConserve Federal property No outside employment/conflicts with No outside employment/conflicts with

official dutiesofficial duties Disclose waste, fraud, and abuseDisclose waste, fraud, and abuse

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MORE Ethical Conduct!!!MORE Ethical Conduct!!!

Pay all obligations-including taxes Pay all obligations-including taxes Adhere to all equal opportunity laws and Adhere to all equal opportunity laws and

regulationsregulations Do not accept or solicit gifts from Do not accept or solicit gifts from

prohibited sourcesprohibited sources Avoid the appearance of improprietyAvoid the appearance of impropriety

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General Policy DOD General Policy DOD Employees (civilian and Employees (civilian and

military) Shall: military) Shall: Become familiar with all Ethical ProvisionsBecome familiar with all Ethical Provisions Comply with all provisionsComply with all provisions Become familiar with scope and authority Become familiar with scope and authority

for official activities for which YOU are for official activities for which YOU are responsibleresponsible

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Meet Your EthicsMeet Your EthicsCounselorCounselor

Arms Length Attorney

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Ethics Counselor’s RoleEthics Counselor’s Role

Ethics counselor -AN ATTORNEYEthics counselor -AN ATTORNEY No attorney-client privilege No attorney-client privilege • Must so advise before any communicationsMust so advise before any communications• Must report suspected JER violationsMust report suspected JER violations

Importance of written adviceImportance of written advice Command RoleCommand Role

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Joint Ethics RegulationJoint Ethics RegulationKey RulesKey Rules

Gift RulesGift Rules Travel RulesTravel Rules Use of Government PropertyUse of Government Property Commercial ActivitiesCommercial Activities Fundraising Fundraising

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Gifts From Outside SourcesGifts From Outside Sources

Gifts Between EmployeesGifts Between Employees

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Gifts From Outside Gifts From Outside Sources...The General RuleSources...The General Rule

None from prohibited sources or given None from prohibited sources or given because of official positionbecause of official position

Prohibited Source:Prohibited Source:• Does or seeks business with your agencyDoes or seeks business with your agency• Is regulated by your agencyIs regulated by your agency

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Gifts - The Practical Gifts - The Practical ApproachApproach

Is Item Actually a Gift?Is Item Actually a Gift?• Non-GiftsNon-Gifts

IF YES, any Exceptions?IF YES, any Exceptions?• $20/$50 Rule$20/$50 Rule• Gifts motivated by family relationship/friendshipGifts motivated by family relationship/friendship• Meritorious Public Service AwardMeritorious Public Service Award• Widely attended Gatherings Widely attended Gatherings • Non giftsNon gifts

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Gifts - The PracticalGifts - The PracticalApproach (cont)Approach (cont)

If exception applies, would acceptance If exception applies, would acceptance undermine Government Integrity?undermine Government Integrity?• Illegal if in exchange for an official actionIllegal if in exchange for an official action• Other statutes may prohibitOther statutes may prohibit• Appearance influence is being “bought”Appearance influence is being “bought”

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Gifts BetweenGifts BetweenEmployees: General RuleEmployees: General Rule

No gifts to official superiorsNo gifts to official superiors• ““official superior” means someone who directs or official superior” means someone who directs or

evaluates an employeeevaluates an employee May not accept gift from lesser-paid employeeMay not accept gift from lesser-paid employee• Unless not an official superior and personal Unless not an official superior and personal

relationship justifies gift relationship justifies gift

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Gifts Between Gifts Between Employees: ExceptionsEmployees: Exceptions

““Occasional Basis” (Christmas, birthday)Occasional Basis” (Christmas, birthday)• Non-cash gifts of $10 or lessNon-cash gifts of $10 or less• Food in office; hospitality at residenceFood in office; hospitality at residence

““Special, Infrequent Occasion” (marriage, Special, Infrequent Occasion” (marriage, retirement)retirement)• $10 limit per person; $300 per organization$10 limit per person; $300 per organization

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Bottom Line on GiftsBottom Line on Gifts

Regardless of exceptions, may NEVER Regardless of exceptions, may NEVER accept a gift in return for influence or solicit a accept a gift in return for influence or solicit a gift from an outside sourcegift from an outside source

Gifts within exceptions must be truly Gifts within exceptions must be truly VOLUNTARYVOLUNTARY

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Travel RulesTravel Rules

Mileage Credits from official travel Mileage Credits from official travel (Commingling Problem)(Commingling Problem)

Frequent Flyer Upgrades (Other Official Frequent Flyer Upgrades (Other Official Travel)Travel)

On-the-spot upgrades (general public; not On-the-spot upgrades (general public; not position)position)

““Fly later - fly free” (One night in Atlanta...)Fly later - fly free” (One night in Atlanta...)

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Official Travel - Air TravelOfficial Travel - Air Travel

Required to Fly “Coach” UnlessRequired to Fly “Coach” Unless• No other reasonably available accommodations No other reasonably available accommodations

existexist• Disabled employees condition necessitates first-Disabled employees condition necessitates first-

class travelclass travel• Exceptional security circumstancesExceptional security circumstances

All first class travel must be reported to the All first class travel must be reported to the GSAGSA

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Official Travel:Official Travel:Use of Premium ClassUse of Premium Class

Only seats provided on required routeOnly seats provided on required route No Space available, required routeNo Space available, required route DisabledDisabled Security purposes or exceptional Security purposes or exceptional

circumstancescircumstances

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Official Travel - Use of Official Travel - Use of Premium Class (continued)Premium Class (continued)

Foreign CarrierForeign Carrier Cheaper for GovernmentCheaper for Government Costs paid by a Non-Federal SourceCosts paid by a Non-Federal Source

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Travel Expenses Travel Expenses From Non-Federal Source From Non-Federal Source

Travel Benefits can be accepted from a Non-Travel Benefits can be accepted from a Non-Federal SourceFederal Source• Attendance in an Official CapacityAttendance in an Official Capacity• JFTR & JTR controllingJFTR & JTR controlling• Employee cannot accept cashEmployee cannot accept cash

Reporting RequirementsReporting Requirements

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Incidental Travel BenefitsIncidental Travel Benefits

Anything received as a result of Official Anything received as a result of Official Travel belongs to U.S. GovernmentTravel belongs to U.S. Government

Frequent Flyer BenefitsFrequent Flyer Benefits• Mileage Credits from official travel belong to Fed Mileage Credits from official travel belong to Fed

GovernmentGovernment• Can be used for free ticketsCan be used for free tickets• Upgrade to BUSINESS class-NOT First Class Upgrade to BUSINESS class-NOT First Class • Commingled AccountsCommingled Accounts

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Incidental Travel Incidental Travel Benefits (cont)Benefits (cont)

On the Spot UpgradesOn the Spot Upgrades• May accept if available to publicMay accept if available to public• Don’t accept if offered because of rank or Don’t accept if offered because of rank or

official positionofficial position

Getting BumpedGetting Bumped• Voluntarily-Keep benefitVoluntarily-Keep benefit• Involuntarily-Benefit belongs to Fed Involuntarily-Benefit belongs to Fed

GovernmentGovernment

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Use of Government Use of Government ResourcesResources

Authorized vs. official useAuthorized vs. official use Communication resources includeCommunication resources include• phones, faxes, PCs, e-mail and internet accessphones, faxes, PCs, e-mail and internet access

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Use of Government Use of Government ResourcesResources

Agency Designee MAY authorize if:Agency Designee MAY authorize if:• No adverse affect on duty performance, No adverse affect on duty performance,

duration/frequency = reasonableduration/frequency = reasonable• Pub interest keeping employee at work stationPub interest keeping employee at work station• No adverse reflection on US (e.g.. porn reading, No adverse reflection on US (e.g.. porn reading,

chain letters, etc..)chain letters, etc..)• No overburdening/ no “significant additional No overburdening/ no “significant additional

costcost

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Commercial ActivitiesCommercial Activities

No conflicts of interest, or even appearanceNo conflicts of interest, or even appearance No solicitation of junior membersNo solicitation of junior members Key exception to “Junior member” Key exception to “Junior member”

prohibition:prohibition:• Sale or lease of non-commercial propertySale or lease of non-commercial property

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FundraisingFundraising

Only Combined Federal Campaign and Air Only Combined Federal Campaign and Air Force Assistance Fund are officially Force Assistance Fund are officially sanctionedsanctioned

Purely personal, unofficial fundraising Purely personal, unofficial fundraising may be done subject to limitationsmay be done subject to limitations

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ConclusionConclusion

Take JER DEADLY serious!Take JER DEADLY serious! Remember it is a PUNITIVE regulation!!Remember it is a PUNITIVE regulation!! When In Doubt -- See Your Ethics When In Doubt -- See Your Ethics

CounselorCounselor

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Joint Ethics Regulation Joint Ethics Regulation SummarySummary

JER Background JER Background JER General Policy and DutiesJER General Policy and Duties • Do Your JobDo Your Job• Follow the Rules Follow the Rules

Key Rules Key Rules • Gift, Travel, Resource and FundraisingGift, Travel, Resource and Fundraising

““The servants of the NationThe servants of the Nationare to render their services are to render their services

without any taking without any taking of presents…”of presents…”

--Plato--Plato