Joint Ethics

2 Purpose To understand the origins and scope of the ethic requirements To understand the origins and scope of the ethic requirements To understand your duties as a DOD employee To understand your duties as a DOD employee To become familiar with the gift, travel, and use of government resources rules To become familiar with the gift, travel, and use of government resources rules

3 Joint Ethics Regulation Overview JER Background and Scope JER Background and Scope JER General Policy and Duties JER General Policy and Duties Key Rules Key Rules

4 JER Background Replaced AFR Replaced AFR DOD Directive R (30 Aug.. 93) DOD Directive R (30 Aug.. 93) No Service Supplementing Regulations No Service Supplementing Regulations Applies to all DOD employees, regardless of civilian or military grade Applies to all DOD employees, regardless of civilian or military grade 12 Chapters, Punitive Provisions 12 Chapters, Punitive Provisions

5 Ethics Accountability+Integrity

6 Ethical Duties Set a personal example for fellow DOD employees Set a personal example for fellow DOD employees Perform all official duties to facilitate Fed Government efficiency and economy Perform all official duties to facilitate Fed Government efficiency and economy Report suspected violations of ethics regulations Report suspected violations of ethics regulations

7 Principles of Ethical Conduct Loyalty to Constitution, laws and ethical principles above private gain Loyalty to Constitution, laws and ethical principles above private gain No conflicts of financial interests No conflicts of financial interests No improper use of information to further private interests No improper use of information to further private interests Honest effort in performance of duties Honest effort in performance of duties No unauthorized commitments or promises No unauthorized commitments or promises

8 Ethical Conduct (continued) No use of public office for private gain No use of public office for private gain Impartial, no preferential treatment Impartial, no preferential treatment Conserve Federal property Conserve Federal property No outside employment/conflicts with official duties No outside employment/conflicts with official duties Disclose waste, fraud, and abuse Disclose waste, fraud, and abuse

9 MORE Ethical Conduct!!! Pay all obligations-including taxes Pay all obligations-including taxes Adhere to all equal opportunity laws and regulations Adhere to all equal opportunity laws and regulations Do not accept or solicit gifts from prohibited sources Do not accept or solicit gifts from prohibited sources Avoid the appearance of impropriety Avoid the appearance of impropriety

10 General Policy DOD Employees (civilian and military) Shall: Become familiar with all Ethical Provisions Become familiar with all Ethical Provisions Comply with all provisions Comply with all provisions Become familiar with scope and authority for official activities for which YOU are responsible Become familiar with scope and authority for official activities for which YOU are responsible

11 Meet Your Ethics Counselor Arms Length Attorney

12 Ethics Counselors Role Ethics counselor -AN ATTORNEY Ethics 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 advice Importance of written advice Command Role Command Role

13 Joint Ethics Regulation Key Rules Gift Rules Gift Rules Travel Rules Travel Rules Use of Government Property Use of Government Property Commercial Activities Commercial Activities Fundraising Fundraising

14 Gifts From Outside Sources Gifts Between Employees

15 Gifts From Outside Sources...The General Rule None from prohibited sources or given because of official position None from prohibited sources or given because 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

16 Gifts - The Practical Approach 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 GatheringsWidely attended Gatherings Non giftsNon gifts

17 Gifts - The Practical Approach (cont) If exception applies, would acceptance undermine Government Integrity? If exception applies, would acceptance 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 boughtAppearance influence is being bought

18 Gifts Between Employees: General Rule No gifts to official superiors No gifts to official superiors official superior means someone who directs or evaluates an employeeofficial superior means someone who directs or evaluates an employee May not accept gift from lesser-paid employee May not accept gift from lesser-paid employee Unless not an official superior and personal relationship justifies giftUnless not an official superior and personal relationship justifies gift

19 Gifts Between Employees: 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, retirement) Special, Infrequent Occasion (marriage, retirement) $10 limit per person; $300 per organization$10 limit per person; $300 per organization

20 Bottom Line on Gifts Regardless of exceptions, may NEVER accept a gift in return for influence or solicit a gift from an outside source Regardless of exceptions, may NEVER accept a gift in return for influence or solicit a gift from an outside source Gifts within exceptions must be truly VOLUNTARY Gifts within exceptions must be truly VOLUNTARY

22 Travel Rules Mileage Credits from official travel (Commingling Problem) Mileage Credits from official travel (Commingling Problem) Frequent Flyer Upgrades (Other Official Travel) Frequent Flyer Upgrades (Other Official Travel) On-the-spot upgrades (general public; not position) On-the-spot upgrades (general public; not position) Fly later - fly free (One night in Atlanta...) Fly later - fly free (One night in Atlanta...)

23 Official Travel - Air Travel Required to Fly Coach Unless Required to Fly Coach Unless No other reasonably available accommodations existNo other reasonably available accommodations exist Disabled employees condition necessitates first- class travelDisabled employees condition necessitates first- class travel Exceptional security circumstancesExceptional security circumstances All first class travel must be reported to the GSA All first class travel must be reported to the GSA

24 Official Travel: Use of Premium Class Only seats provided on required route Only seats provided on required route No Space available, required route No Space available, required route Disabled Disabled Security purposes or exceptional circumstances Security purposes or exceptional circumstances

25 Official Travel - Use of Premium Class (continued) Foreign Carrier Foreign Carrier Cheaper for Government Cheaper for Government Costs paid by a Non-Federal Source Costs paid by a Non-Federal Source

26 Travel Expenses From Non-Federal Source Travel Benefits can be accepted from a Non- Federal Source Travel Benefits can be accepted from a Non- Federal Source Attendance in an Official CapacityAttendance in an Official Capacity JFTR & JTR controllingJFTR & JTR controlling Employee cannot accept cashEmployee cannot accept cash Reporting Requirements Reporting Requirements

27 Incidental Travel Benefits Anything received as a result of Official Travel belongs to U.S. Government Anything received as a result of Official Travel belongs to U.S. Government Frequent Flyer Benefits Frequent Flyer Benefits Mileage Credits from official travel belong to Fed GovernmentMileage Credits from official travel belong to Fed Government Can be used for free ticketsCan be used for free tickets Upgrade to BUSINESS class-NOT First ClassUpgrade to BUSINESS class-NOT First Class Commingled AccountsCommingled Accounts

28 Incidental Travel Benefits (cont) On the Spot Upgrades On the Spot Upgrades May accept if available to publicMay accept if available to public Dont accept if offered because of rank or official positionDont accept if offered because of rank or official position Getting Bumped Getting Bumped Voluntarily-Keep benefitVoluntarily-Keep benefit Involuntarily-Benefit belongs to Fed GovernmentInvoluntarily-Benefit belongs to Fed Government

30 Use of Government Resources Authorized vs. official use Authorized vs. official use Communication resources include Communication resources include phones, faxes, PCs, and internet accessphones, faxes, PCs, and internet access

31 Use of Government Resources Agency Designee MAY authorize if: Agency Designee MAY authorize if: No adverse affect on duty performance, duration/frequency = reasonableNo adverse affect on duty performance, duration/frequency = reasonable Pub interest keeping employee at work stationPub interest keeping employee at work station No adverse reflection on US (e.g.. porn reading, chain letters, etc..)No adverse reflection on US (e.g.. porn reading, chain letters, etc..) No overburdening/ no significant additional costNo overburdening/ no significant additional cost

33 Commercial Activities No conflicts of interest, or even appearance No conflicts of interest, or even appearance No solicitation of junior members No solicitation of junior members Key exception to Junior member prohibition: Key exception to Junior member prohibition: Sale or lease of non-commercial propertySale or lease of non-commercial property

35 Fundraising Fundraising Only Combined Federal Campaign and Air Force Assistance Fund are officially sanctioned Only Combined Federal Campaign and Air Force Assistance Fund are officially sanctioned Purely personal, unofficial fundraising may be done subject to limitations Purely personal, unofficial fundraising may be done subject to limitations

36Conclusion 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 Counselor When In Doubt -- See Your Ethics Counselor

37 Joint Ethics Regulation Summary JER Background JER Background JER General Policy and Duties JER General Policy and Duties Do Your JobDo Your Job Follow the RulesFollow the Rules Key Rules Key Rules Gift, Travel, Resource and FundraisingGift, Travel, Resource and Fundraising

The servants of the Nation are to render their services without any taking of presents… --Plato