Element 51- Post Government Service Employment Restriction Counseling

Learning Objectives What is Post Government Service Employment Restriction Counseling Why Post Government Service Employment Restriction Counseling is so important Discuss 3 rules covered in post government service employment restriction counseling Review and Questions

WHAT IS IT? Post Government Service Employment Restriction counseling provides guidance on the roles and responsibilities former government service members may accept and/or represent for certain employers.

WHY IS IT IMPORTANT? It is mandatory that all DoD transitioning out from the military service are counseled on pre and post employment restrictions. Seven years ago today (2010) that Darleen Druyun, a former procurement executive in the Air Force, plead guilty to illegal job talks with Boeing and showing bias to the company in exchange for a $250,000/year vice president job and employment for her daughter and future son-in-law. She later served nine months in jail, had a $5,000 fine, served 150 hours of community service and had seven months of community confinement after release.

PERSONAL LIFETIME BAN After leaving government service individuals may not represent someone else to the government regarding certain matters the service member worked on while employed with the government.

SEEKING OR NEGOTIATING OFFICIAL RESPONSIBILTY TWO-YEAR BAN (U. S SEEKING OR NEGOTIATING OFFICIAL RESPONSIBILTY TWO-YEAR BAN (U.S. CODE 18 207 (a) (2)) For 2 years post government service individuals may not represent someone else to the government regarding matters that were pending under the service member's purview in his/her last year of service.

TRADE OR TREATY ONE YEAR BAN (U.S. CODE 18 207 (b)) For 1 year after leaving government service members may not aid, advise or represent anyone regarding trade or treaty negotiations that the service member worked on within the last year if their government service.

COMPENSATION FOR REPRESENTATION TO THE GOVERNMENT BY OTHERS (U. S COMPENSATION FOR REPRESENTATION TO THE GOVERNMENT BY OTHERS (U.S. CODE 18 207 (a) (1)) After leaving government service, individuals may not accept compensation for representational services. This prohibition may affect personnel who leave the government and share in the proceeds of the partnership or business for representational services that occurred before the employee terminated federal service such as lobbying consulting and law firms.

SIDE NOTE The 3 rules we covered today like the U.S. Code Title pertains very little to enlisted service members transitioning out of the military service. However, there are additional restrictions for retired military personnel and reservists foreign employment, which require contacting the installation, i.e (Staff Judge Advocate or Counselor’s Office) legal office for counsel from an ethics official. Failure to do so may result in forfeiture of retire pay.

SUMMARY There are certain activities former government service members are prohibited to as a new employee for a different employer. This counseling is REQUIRED by all separating service members.

REFERENCES Department of Defense, (n.d). Ethics counselor’s deskbook post government service employment restrictions [PowerPoint slides]. Retrieved from http://www.dod.mil/dodgc/defense_ethics/resource_library/deskbook/post_employment_ ppt.pdf Department of Defense General Counsel’s Standards of Conduct Office, (2017, March 22). General guidance on post-government restrictions [Microsoft word document]. Retrieved from www.dod.mil/dodgc/defense_ethics/resource_library/rules1.doc Department of Defense, (2006, September 19). Post-Government service employment restrictions flag/generalofficers/ses [Microsoft word document]. Retrieved from http://www.public.navy.mil/nsw/IG/Documents/PostEmploymentRestrictions_Flags.pdf

REFERENCES (CONT.) National Learning Center University of Colorado Denver (n.d). Navy preseparation counselor training manual p201-203. U.S. House of Representatives. (2017, February 28). Office of the law revision counsel united states code. Retrieved March 22, 2017, from http://uscode.house.gov/download/download.shtml U.S. Office of Government Ethics (n.d) . Post-Government Employment. Retrieved from https://www.oge.gov/web/oge.nsf/Post- Government+Employment

REVIEW/QUESTIONS