Ethics and morals – in and out of Government Ethics and morals – in and out of Government

Would You Vote for: Someone who was previously convicted of a felony crime? Someone who was previously convicted of a felony crime? Someone who previously cheated people out of money? Someone who previously cheated people out of money? Someone who is known to have cheated on his/her spouse many times? Someone who is known to have cheated on his/her spouse many times? Someone who has abused a spouse or a child – even their own children? Someone who has abused a spouse or a child – even their own children? Someone who has used his or her position to help family members to obtain goods or services that they would otherwise not have obtained? Someone who has used his or her position to help family members to obtain goods or services that they would otherwise not have obtained? Someone who has placed family members in positions of power or influence in the government? Someone who has placed family members in positions of power or influence in the government?

Ethics and Morality Ethics is a set of moral principles and a code for behavior that govern an individual’s actions with other individuals and within society. Ethics is a set of moral principles and a code for behavior that govern an individual’s actions with other individuals and within society. Morality is what people believe to be right and good, while ethics is a critical reflection about morality. Morality is what people believe to be right and good, while ethics is a critical reflection about morality.

Civic Values In American Society Civic Values refers to those important principles that serve as the foundation for our democratic form of government. These values include justice, honesty, self-discipline, due process, equality, majority rule with respect for minority rights, and respect for self, others, and property. Civic Values refers to those important principles that serve as the foundation for our democratic form of government. These values include justice, honesty, self-discipline, due process, equality, majority rule with respect for minority rights, and respect for self, others, and property.

Laws Laws are brought about by tension, agitation and conflict by dramatic situations. Laws are brought about by tension, agitation and conflict by dramatic situations. Laws protect the welfare and safety of society, resolve conflicts, and are constantly evolving. Laws protect the welfare and safety of society, resolve conflicts, and are constantly evolving. Laws have governed the practice of medicine, the law, education and many other professions for over one hundred of years. These laws may be FEDERAL or STATE Laws have governed the practice of medicine, the law, education and many other professions for over one hundred of years. These laws may be FEDERAL or STATE Laws are societal rules or regulations that are obligatory to observe. Laws are societal rules or regulations that are obligatory to observe.

Ethical Dilemma: Value conflicts, no clear consensus as to the “right” thing to do. A conflict between moral obligations that are difficult to reconcile and require moral reasoning. Value conflicts, no clear consensus as to the “right” thing to do. A conflict between moral obligations that are difficult to reconcile and require moral reasoning.

Ethical Dilemma: Situations necessitating a choice between two equal (usually undesirable) alternatives As in medicine – If you can do no good – then at least do NO HARM Sometimes you must choose a course of action that does THE LEAST HARM

ETHICS VS. GOVERNMENT ETHICS Personal ethics: “Gut feelings” “Gut feelings” Morals and values Morals and values Government ethics: Rules and regulations Rules and regulations Not intuitive- generally well defined Not intuitive- generally well defined Help you to develop radar (awareness) of and for ethics issues Help you to develop radar (awareness) of and for ethics issues Use available resources – most organizations have “behavior codes” just like schools Use available resources – most organizations have “behavior codes” just like schools

GENERAL PRINCIPLES Lesson objectives: Help you conduct business w/o personal risk Help you conduct business w/o personal risk Protect you from potential liability Protect you from potential liability Help you to identify potential ethics issues in your work or life in general Help you to identify potential ethics issues in your work or life in general

Misuse of Position (Time, Property, Nonpublic Information) Misuse of Position (Time, Property, Nonpublic Information) Impartiality and Appearances Impartiality and Appearances Gifts from Outside Sources Gifts from Outside Sources Gifts Between Employees (generally over $50 in value) Gifts Between Employees (generally over $50 in value) Fundraising for personal gain Fundraising for personal gain Cheating Cheating Plagiarizing material not written by you or not giving credit to the source Plagiarizing material not written by you or not giving credit to the source

Some important thoughts for schools and business Rules promote “public service is a public trust” concept Rules promote “public service is a public trust” concept Private sector business courtesies can create problems for public sector employees Private sector business courtesies can create problems for public sector employees Appearances count; even if it only APPEARS improper, the damage may already be done Appearances count; even if it only APPEARS improper, the damage may already be done Don’t guess. If you have a question or need guidance, ASK AN ETHICS ADVISOR- they do exist Don’t guess. If you have a question or need guidance, ASK AN ETHICS ADVISOR- they do exist

MISUSE OF POSITION 1.Use of public office for private gain 2.Use of nonpublic information 3.Use of government or employer (school) property 4.Use of official time

MISUSE OF POSITION Underlying principles: Make proper use of official authority, time and resources Make proper use of official authority, time and resources Safeguard information and resources to which you have access because of your job or political position or connections Safeguard information and resources to which you have access because of your job or political position or connections Elected officials are accountable to the public and the tax payers Elected officials are accountable to the public and the tax payers

1. USE OF PUBLIC OFFICE FOR PRIVATE GAIN Using your position to: Try to get special benefits for yourself or others Try to get special benefits for yourself or others Endorse private products, services, individuals, companies Endorse private products, services, individuals, companies Perform official duties in a way that is advantageous to a private interest -- yours or another’s Perform official duties in a way that is advantageous to a private interest -- yours or another’s

USE OF NONPUBLIC INFORMATION USE OF NONPUBLIC INFORMATION Use nonpublic information only in connection with official government business If you don’t know whether information is public, assume it isn’t If you don’t know whether information is public, assume it isn’t Confidentiality & “need to know” Confidentiality & “need to know” Do I really need to know this? Does someone else who may ask me? Do I really need to know this? Does someone else who may ask me? Why? Why?

3. USE OF SCHOOL (EMPLOYER) PROPERTY Equipment and services are provided for official business purposes Equipment and services are provided for official business purposes Limited Personal Use of Office Equipment computers, copy machines, paper shredders etc. etc. Limited Personal Use of Office Equipment computers, copy machines, paper shredders etc. etc. Proper authorization may still be required by your manager, office policy, teacher or administrator. Proper authorization may still be required by your manager, office policy, teacher or administrator.

“MISUSE” SITUATIONS TO CONSIDER- Which would YOU permit? 4 Playing computer games in the office 4 Surfing the internet re: vacation plans, E-bay etc. 4 Making copies of your income tax forms or other personal papers 4 Scheduling a doctor’s appointment 4 Phoning your child to make sure she got home from school and is doing homework

IMPARTIALITY AND APPEARANCES Elected officials must treat customers, contractors, vendors, and others, fairly and impartially Elected officials must treat customers, contractors, vendors, and others, fairly and impartially Employees should strive to avoid appearances of impropriety Employees should strive to avoid appearances of impropriety Think of it as a question of fairness. Think of it as a question of fairness. Ask: “Could a reasonable person legitimately question the fairness of my actions in this matter?”

IMPARTIALITY AND APPEARANCES Use the “News & Observer” test Use the “News & Observer” test Think about how you’d feel explaining the situation to your boss, your VP, your colleagues, your mother or child, a congressional committee... Think about how you’d feel explaining the situation to your boss, your VP, your colleagues, your mother or child, a congressional committee... Employees are generally prohibited from accepting gifts of any kind Employees are generally prohibited from accepting gifts of any kind

GIFTS FROM OUTSIDE SOURCES What is a gift? Almost anything of monetary value. Almost anything of monetary value. MEALS MEALS EVENT TICKETS EVENT TICKETS PARTIES, RECEPTIONS PARTIES, RECEPTIONS MERCHANDISE MERCHANDISE TRANSPORTATION TRANSPORTATION CASH CASH LODGING LODGING APPAREL APPAREL

GIFTS FROM OUTSIDE SOURCES What things are NOT gifts*? Modest refreshments (not offered as a meal) Modest refreshments (not offered as a meal) “Presentation” items (mugs, plaques, pens) “Presentation” items (mugs, plaques, pens) Items for which YOU paid market value with personal funds Items for which YOU paid market value with personal funds Prizes in public contests Prizes in public contests Frequent Flyer Miles (but some free tickets may or may not be accepted...) * (“exclusions”) Frequent Flyer Miles (but some free tickets may or may not be accepted...) * (“exclusions”)

GIFTS FROM OUTSIDE SOURCES EXCEPTIONS to the gifts from outside sources rule: Personal relationship (almost always) Personal relationship (almost always) $20 or less value/$50 per source per year (the “$20 exception”) $20 or less value/$50 per source per year (the “$20 exception”) Perishable items, if shared with office (fruit baskets, flowers, etc.) Perishable items, if shared with office (fruit baskets, flowers, etc.) Registration fee, if speaking or presenting at an event Certain awards and honorary degrees Registration fee, if speaking or presenting at an event Certain awards and honorary degrees Travel/entertainment for employment talks (beware conflicts!) Travel/entertainment for employment talks (beware conflicts!)

GIFTS FROM OUTSIDE SOURCES THREE LITTLE WORDS THAT NEVER GOT ANYONE IN TROUBLE: “No, thank you.”

GIFTS BETWEEN EMPLOYEES EXCEPTIONS In connection with “special infrequent occasions” such as: Marriage Marriage Birth or adoption Birth or adoption Serious illness Serious illness Termination of superior/subordinate relationship Termination of superior/subordinate relationship There is no $10 limit, but: Gift should be “appropriate to the occasion” Gift should be “appropriate to the occasion” Contributions to office party/group gift okay, but: Contributions to office party/group gift okay, but: must be voluntary must be voluntary may only suggest, not require, an amount may only suggest, not require, an amount

GIFTS BETWEEN EMPLOYEES Also keep in mind that gifts YOU give to subordinates: May be permissible but inappropriate May be permissible but inappropriate Can look like sexual harassment Can look like sexual harassment Can look like favoritism – which can Can look like favoritism – which can Can cause morale problems Can cause morale problems Is the gift “too big” “too small” “too personal” in nature? Is the gift “too big” “too small” “too personal” in nature?

FUNDRAISING What is fundraising? Soliciting for funds or donations, selling food or other items, and promoting events for charitable causes.

CONFLICTING FINANCIAL INTERESTS 18 U.S.C. § 208 Standards of Ethical Conduct: 5 C.F.R. Criminal statute: Part You may not act in your official capacity on anything in which you have a personal financial interest.

OPTIONS FOR RESOLUTION OF A CONFLICT: Disqualification or Recusal Disqualification or Recusal Simple non-participation Simple non-participation Notify supervisor Notify supervisor Should seek written advice Should seek written advice Waiver Waiver Must obtain from ethics official In a school setting check with your school principal, or the dean or an administrator

OBLIGATION TO REPORT Federal regulations require all government employees -- to disclose waste, fraud, abuse, and corruption to appropriate authorities. 5 CFR § (b)(11) To report a suspected violation, please contact the your immediate supervisor. If no action is taken you must report to his supervisor.

CONCLUSION Compliance with the ethics laws is your personal and professional responsibility, but we are here to help! Compliance with the ethics laws is your personal and professional responsibility, but we are here to help! Don’t let fear get in the way. Federal whistle blowing laws are in place to protect you from retribution. Don’t let fear get in the way. Federal whistle blowing laws are in place to protect you from retribution. Remember YOU HAVE TO LIVE WITH YOUR DECISIONS OWN YOUR ACTIONS Remember YOU HAVE TO LIVE WITH YOUR DECISIONS OWN YOUR ACTIONS THANKS TO U.S. CUSTOMS – DEPT. OF THE TREASURY