Northern Plains Area Ethics Update 2009 Michael McGuire, Acting Designated Area Ethics Advisor Louise Dalton, Area Ethics Assistant

Public Service is a Public Trust Each employee has a responsibility to the U.S. government and its citizens to place loyalty to the Constitution, laws and ethical principles above private gain. Each employee should respect and adhere to the established principles of ethical conduct.

Overview Core Principals Lobbying Contributed Travel Service to Societies University Relations Scientific Integrity

Core Principals of Government Ethics 1.Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws, and ethical principles above private gain. 2.Employees shall not hold financial interests that conflict with the conscientious performance of duty. 3.Employees shall not engage in financial transactions using non-public Government information or allow the improper use of such information to further any private interest. 4.An employee shall not, except pursuant to such reasonable exceptions as are provided by regulation, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or non-performance of the employee's duties. 5.Employees shall put forth honest effort in the performance of their duties. 6.Employees shall make no unauthorized commitments or promises of any kind purporting to bind the Government. 7.Employees shall not use public office for private gain.

Core Principals of Government Ethics 8.Employees shall act impartially and not give preferential treatment to any private organization or individual. 9.Employees shall protect and conserve Federal property and shall not use it for other than authorized activities. 10.Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities. 11.Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities. 12.Employees shall satisfy in good faith their obligations as citizens including all just financial obligations and especially those-such as Federal, State, or local taxes-that are imposed by law. 13.Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age, or handicap. 14.Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards promulgated pursuant to this order.

Lobbying Lobbying activities are governed by the Anti-Lobbying Act (18 USC Section 1913). Prevents employees from using appropriated funds to lobby a Federal, state, or local government official with respect to any pending or proposed legislation, resolution, appropriation, or measure.

Employees May: Communicate through normal channels with Members of Congress in support of Administration or Department positions. Communicate with the public through public speeches, appearances and published writings to support Administrative positions (cant call on the public to contact legislators). Communicate privately with members of the public to inform them of Administration positions and to promote those positions – but only to the extent that such communications do not violate rules listed.

Employees May Not: Engage in grass roots lobbying campaigns urging individuals to contact government officials in support or opposition to legislation. Provide administrative support for the lobbying activities of private organizations. Prepare editorials or other communications that will be disseminated without an accurate disclosure of the governments role in their origin. Appeal to members of the public to contact their elected representatives in support or opposition to legislative matters or proposals.

Personal Time The Anti-Lobbying Act does not prohibit employees from participating in lobbying activities while on personal time. You may contact Congress in a personal capacity (5 USC Section 7211). Cannot use appropriated funds or resources. Employees should provide a disclaimer which indicates that the views expressed do not reflect the position of the individuals employing agency.

Contributed Travel Can only be used for conferences, seminars, speaking engagements, symposia, training course, or similar offsite event. Cannot be used to carry out negotiations; e.g. for a CRADA. Cannot give the appearance of providing a service to only those that can pay; e.g. if a company offers to pay travel to learn about your science, would you also be willing to go to another company on Agency funds? SEB 1101 required for approval.

Service to Societies Can serve as an officer or board member in personal capacity only. SEB 106 is required for service lasting more than a year. SEB 101 (outside employment) for shorter term service. Agency can grant administrative time at the supervisors discretion for limited duties; e.g. attending a board meeting during a conference. An officer cannot accept contributed travel offers from the society in their official capacity, but a non officer can. If a board meeting occurs offsite, ARS cannot pay per diem or travel funds; but the individual may accept society funds directly for travel, per diem etc. because the activity is on the employees personal time. This payment must be reported on the OGE 450.

Service to Societies Editorial Functions – An employee, at supervisors discretion, may serve as an editor in their official capacity (cannot be reimbursed), if the employee is not also a board member. If a board member, the employee must perform editorial duties in their personal capacity (can be reimbursed). – Must obtain prior approval.

Adjunct Appointments Official Duties If the activities are part of your normal ARS duties; e.g. ongoing collaborations, etc., there is no need to fill out forms for outside employment. However, the supervisor must show there is a direct tie to the accomplishment of the Agency Mission. – Cannot accept any compensation from the University (or stipulate that funds offered go somewhere else). Employee may serve officially as members of committees that directly affect the needs of the Agency; e.g. space, facilities, equipment assignments, curriculum, thesis committees.

Adjunct Appointments Official Duties Employee may not serve on committees that are responsible for the internal affairs of the University; e.g. budget, tenure, recruitment, faculty/Academic Senate as part of their official duties. – Employee may serve as an Agency liaison where decisions may impact the work of the Agency, but may not participate in the decision making process.

Adjunct Appointments Personal Time If the activities are extensive and on the employees personal time, then it must be considered as outside employment – Must be pre approved (SEB 106 if long term). – Employee may accept compensation but be reported on OGE 450.

Participation on Grants With University or Other non Federal Entities You may not write a general letter of support. You may write a letter of collaboration (similar to what we do with the OSQR process). You may write a letter explaining how past collaboration has resulted in research progress.

President Obamas Memo on Scientific Integrity March 9, 2009 The public must be able to trust the science and scientific process informing public policy decisions.

Science and technology positions in the Executive Branch must be filled with people with the proper professional credentials. Each agency should have rules to ensure integrity in the scientific process. Science that supports policies must be subject to well- established scientific processes, e.g., peer review, and the information must be publicly available. Agencies must have procedures to deal with instances when the integrity of S&T information may be compromised. President Obamas Memo on Scientific Integrity March 9, 2009

ARS Code of Scientific Ethics I dedicate myself to the pursuit and promotion of beneficial scientific investigation, consistent with the mission of ARS. I will never hinder the beneficial research of others. I will conduct, discuss, manage, judge and report science honestly, thoroughly, and without conflict of interest. I will encourage constructive critique of my personal science and that of my colleagues, in a manner that fosters harmony and quality amid scientific debate.

ARS Code of Scientific Ethics, cont. I recognize past and present contributors to my science and will not accept unwarranted credit for the accomplishment of others. I will maintain and improve my professional skills and be a mentor to others. I will ensure safety and humane treatment of human and animal subjects and will prevent abuse of research resources entrusted to me.

Contacts and Resources Sue Sheridan, Chief Science Ethics Branch – – Mickey McGuire; Acting Designated Area Ethics Advisor – – Louise Dalton; Ethics Assistant – –

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